The evolution and framing of the Constitution

What is the news? 26th November 2021, marked as India’s 72nd Constitution Day.

About the framing of the constitution

The Indian National Congress demanded the Constituent Assembly in 1935 to frame a Constitution for free India. The Congress wanted an election on the basis of adult franchise to elect the Constituent Assembly. The elections were held in January 1946 and the work on the Constitution began in December 1946.

The making of the Constitution was completed in November 1949 after almost three years. The draft Constitution of India was adopted by the Constituent Assembly on 26^th November 1949 but came into force on January 26, 1950. The reason for choosing this day is because of declaration of Poorna Swaraj on January 26, 1930.

What are the contribution of famous leaders?

Jawahar Lal Nehru: Nehru gave the objective resolution, which is the basis of the Preamble of the constitution.

Dr B.R. Ambedkar: He differed with Gandhi on many crucial issues and had serious differences with Congress. He ridiculed civil disobedience, non-cooperation and Satyagraha and said “these methods are nothing but the grammar of anarchy and the sooner they are abandoned, the better for us”. Despite these differences he was chosen as the Chairperson of the drafting committee of the Constitution.

What does the constitution say, about justice?

Article 142  of the Constitution of India, deals with the Enforcement of decrees and orders of the Supreme Court, in which the judiciary is neither responsible to Executive and Legislative in respect of its functions.

The doctrine of ‘basic structure’ propounded by the Supreme Court in the Kesavananda Bharati case has in a way saved the Constitution from being mutilated by politicians who believe in neither democracy nor justice.

Source: This post is based on the article “The evolution and framing of the constitution” published in The Hindu on 13th December 2021.