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Framing of Indian Constitution

Our Constitution exists to secure individual freedom, the essential condition of human flourishing. Liberty is not provided by government; liberty pre-exists government. It's our natural birthright, not a gift from the sovereign. Our founders upended things and divided power to enshrine a promise, not a process. - Don Willett

The draft of the constitution was prepared by Bengal Narasimha Rao. The Constituent Assembly had two functions, one was to act as the Constituent Assembly and one to function as the Parliament. Constituent Assembly - In 1922, Mahatma Gandhi proposed for the Constituent Assembly.

In August 1940, a proposal was made by the British called August Proposal under which the British also accepted that there should be a constitution for Indians too but it was not accepted. Cripps Proposal- It was accepted by Stephen Cripps that There should be a constitution but it was not accepted by the Indians. Gandhiji called this proposal a bankrupt bank check.

After the Second World War, when Atlee's government was formed in England, three ministers of the government were sent to India, which is called the Cabinet Mission, and the Constituent Assembly of India was constituted under this cabinet mission. President of the Cabinet Mission- Sir Pathik Lorence ,Member- Stefford Cripps and A.V. Alexander.

The Constituent Assembly should have 389 members. Which were also elected and nominated. From the places where the British had the direct rule in India,i.e 292 places and the four commissioned provinces of Delhi, Ajmer, Merwara, Kurg (Karnataka), and Balochistan (Pakistan) combined with 296 members and 93 members from where the princely states ruled was nominated When the Cabinet Mission came to India, the population of India was 40 crores. (Meaning where the British had a direct rule - 292+ Commissioned Provinces 4 = 296 and where there was rule through native princely states -93 nominated. 296 + 93 = 389)

The first meeting of the Constituent Assembly was held on 9th December 1946. The meeting was chaired by Dr. Sachchidananda Sinha. He was the first Speaker of the Constituent Assembly and the reason for presiding over it was that he was the eldest member.

The first meeting of the Constituent Assembly was boycotted by a Muslim League. When the Muslim League boycotted the first meeting of the Constituent Assembly, former Prime Minister of England Winston Churchill said that the meeting of the Constituent Assembly is like a marriage whose bride is missing.
207 members attended this meeting.

There were 9 women at this meeting. According to the Cabinet Mission, there should have been 389 members at the Constituent Assembly meeting but only 207 were present as boycotted by the Muslim League. 73 members of the Muslim League were not present. Till December 1946, the native princely states could not clear and decide their position, so they could not send their representatives to the Constituent Assembly. On 11 December, Dr. Rajendra Prasad was made the permanent Speaker of the Constituent Assembly.

On December 13, Pandit Jawaharlal Nehru proposed. The basis of the Preamble of the Indian Constitution is the Objective Proposal. In this Objective Proposal, the objectives of the Constitution, nature, the objectives for which the government will work, etc. were mentioned.

This objective resolution was not accepted as the Muslim League was not present. The objective motion was not accepted in the first session of the Constituent Assembly. The objective resolution was passed by the Constituent Assembly on 22 January 1947 which was accepted as the basis of the preamble of the present Constitution made.

B. N. Rao was also a constitutional advisor, he was not a member of the Constituent Assembly. B.N. Rao contributed significantly to the constitution of Burma. Bn Rao was the first judge on behalf of India in the International Court of Justice.

A draft committee was formed to consider the draft of the constitution, the other name was the Pandu Writing Committee. It was headed by Dr. Bhimrao Ambedkar and had 6 members and they are:
  1. Gopalaswami Iyengar
  2. Alladi Krishnaswamy Iyengar
  3. Mohammad Saadullah (Muslim League)
  4. Kanhaiyalal Maniklal Munshi (Sole Congress Member)
  5. T. Krishnamachari who became a member of B.P. Khaitan’s death
  6. Madhavrao.

The draft Indian Constitution was drafted by this drafting committee. There were a total of 12 sessions of the Constituent Assembly. The first meeting of the Constituent Assembly had 9 women but the entire Constituent Assembly had a total of 15 women. Begum Ayyaz Rasool was the only Muslim female member. The constitution came into force partially on 26 November 1949. On this day, 16 Articles of the Constitution came into force, 16 Articles including Articles 5,6,7,8,9,24,60, 366, 367, 380, 394 came into force.

According to the Lahore session of the Congress, the first Independence Day was proposed to be celebrated on 26 January, so when Independence Day began to be celebrated on 15 August, 26 January was fixed for Republic Day. Even after the constitution was enacted and adopted, on 26 November, the constitution was partially implemented and not implemented.
The last meeting of the Constituent Assembly was held on 24 January 1950. 284 members signed the constitution. Pandit Jawaharlal Nehru was the first person to sign the Indian Constitution and Dr. Rajendra Prasad was the last person to sign the Constitution.

Nusrat Muhani was a member of the Muslim League who was also a member of the Constituent Assembly but did not sign. The President of the Constituent Assembly was Dr. Rajendra Prasad and when the Constituent Assembly functioned as the Parliament, it was presided over by Ganesh Vasudev Mavalankar was.

On 24 January 1950, the Constituent Assembly elected Dr. Rajendra Prasad as President, then it was acting as a Parliament, not as the Constituent Assembly. The term elected was used because the Constituent Assembly had taken out an order that the form of becoming president was filled, hence the term election was used.

Winston Churchill called the Constituent Assembly a caste institution.

It is notable that Dr. Ambedkar contests from Mumbai to become a member of the Constituent Assembly but loses. After this, with the help of Dr. Ambedkar Muslim League, Jasur Kulla contests from Bengal and wins.

But in the partition process after independence, this place is lost due to the move of East Pakistan to Bangladesh, as a result, Dr. Ambedkar is no longer a member of the Constituent Assembly.
After this, BN Rao, the Constitutional Advisor of the Constituent Assembly, tells Dr. Rajendra Prasad that Dr. Ambedkar is an important person for the creation of the Constituent Assembly, so Dr. Rajendra Prasad, then Prime Minister of Mumbai, B.G. Wrote a letter to Kher to vacate the place for Dr. Ambedkar from Mumbai, consequently, MR Jayakar resigned and Dr. Bhimrao Ambedkar became a member of the Constituent Assembly.

In the last meeting of the Constituent Assembly, Dr. Rajendra Prasad said that if I have done any good work as the President of the Constituent Assembly, then on 29 August 1948, he constituted the Drafting Committee under the chairmanship of Dr. Ambedkar.

KV Rao said that Dr. Ambedkar is not only the father of the Indian Constitution but also the mother.

The Indian Constitution is the longest written constitution compared to any sovereign country in the world. The original constitution had 8 schedules, 395 articles, and 22 parts.

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