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Chapter 12 - Framing The Constitution

The document outlines the historical context and key events leading up to the framing of the Indian Constitution, including the Lahore Resolution, Quit India Movement, and the formation of the Constituent Assembly in 1946. It discusses the challenges faced by India post-independence, the composition and diversity of the assembly, and the influential figures involved in the constitution-making process, such as Jawahar Lal Nehru and Dr. B. R. Ambedkar. Additionally, it highlights the debates on citizenship, minority rights, and the division of powers, reflecting the complexities of creating a democratic framework in a diverse nation.

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0% found this document useful (0 votes)
221 views24 pages

Chapter 12 - Framing The Constitution

The document outlines the historical context and key events leading up to the framing of the Indian Constitution, including the Lahore Resolution, Quit India Movement, and the formation of the Constituent Assembly in 1946. It discusses the challenges faced by India post-independence, the composition and diversity of the assembly, and the influential figures involved in the constitution-making process, such as Jawahar Lal Nehru and Dr. B. R. Ambedkar. Additionally, it highlights the debates on citizenship, minority rights, and the division of powers, reflecting the complexities of creating a democratic framework in a diverse nation.

Uploaded by

patelanurag67
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

CUET 2025 History, Chapter-15

Framing the
Constitution
Introduction

Background

1940 Lahore Resolution (Also Known as


Pakistan) Resolution was Passed
1942-44
• Quit India Movement
• Expansion of Muslim League
Jan 1946
Provincial Elections

Feb 1946
Royal Indian Navy Mutiny

August 1946 Direct Action Day and Calcutta


Killings

Nov 1946
Formation of Constituent
Assembly
Challenges ahead of India on
independence

Internal Challenges External Challenges

➢ Communal Harmony ➢ Border Security

➢ Safeguard to Minorities ➢ Positioning in the Bi-Polar


World
➢ Institute Democracy

➢ Frame the Constitution

➢ Manage Princely States

➢ Upliftment of Depressed Classes


The Constituent Assembly

Background Establishment

➢ In 1934, M N Roy first proposed the ➢ In 1946, the elections were held for the
idea of Constituent assembly members of constituent assembly
under the Cabinet Mission Plan

➢ In 1935, Congress officially demanded ➢ The members were indirectly elected by


for the Constituent Assembly from the provincial legislatures

➢ The Constituent assembly was officially


➢ British accepted the demand in
formed in November 1946
1940 under the August Offer
➢ Dr Sachchidanand Sinha was made as the
interim President of assembly. He was
later succeeded by Dr. Rajendra Prasad as
Constituent Assembly of Pakistan the President of assembly
• It was formed in June 1947
• M A Jinnah was the President ➢ Muslim League boycotted the initial
sessions (Before 15 August 1947)
Composition Diversity in Assembly

➢ Initially the total number of members were ➢ Almost 82% members were from Congress
389
➢ But the members of Congress varied in their
➢ After the Partition, some members receded opinion
and joined the Constituent assembly of
Pakistan ➢ Leaders were from different mind sets. i.e.

▪ Socialists
➢ Now there were 299 members out of which ▪ Atheists
229 were from the British Provinces and 70 ▪ Hindu Nationalists
members were nominated by the Princely ▪ Supporters of Landlordism
States ▪ Secularists

➢ The assembly held 11 sessions discussing over


the span of 165 days
Note
• It took 2 years 11 month and 18 days to
➢ First session of the assembly was held on 9 th Frame the Indian Constitution
December 1946 • Total cost in this process was 64 Lakhs
Influence of Public on Some Notable Demands
Assembly

➢ The arguments and proposals made in ➢ All India Varnashram Swarajya Sangha
assembly were reported in newspapers said-
▪ Constitution to be based on
principles of ancient Hindu works
➢ Common Public used to debated over
▪ Prohibition on Cow slaughter and
the proposals and arguments
closing of Abattoirs

➢ Public was also asked to submit their ➢ Low caste groups asked for-
interest to the constituent assembly ▪ End of ill treatment by upper caste
▪ Reservation in legislatures,
government and local bodies

➢ Linguistic minorities group asked for-


▪ Freedom of speech in mother tongue
▪ Redistribution of provinces on
linguistic basis
Dominant Voices in the
assembly

➢ Amongst all the members of the assembly


Six members played particularly important
role

1. Jawahar Lal Nehru

➢ He was the first prime Minister of India

➢ He was elected to constituent assembly


from United Province

➢ On 13th December 1946, he proposed


the objective resolution which set the
basic ideals of constitution making
2. Dr. Rajendra Prasad

➢ He was appointed as the president of


Constituent assembly of India

➢ He did remarkable job in moderating the


discussion in the assembly

3. Sardar Patel

➢ He was elected from Bombay

➢ He was the member of advisory committee


and home minister of India
➢ He played great role in negotiating with the
princely states to merge them into union of
India
4. Dr. B R Ambedkar
➢ He was the Law minister of India

➢ He was also the chairman of


drafting committee of India
➢ He participated in almost every
discussion
➢ He was called as the Father of
Indian constitution

5. K M Munshi

➢ He was elected from Bombay

➢ He was member of 16 committees


and sub committees including the
drafting committee
➢ Participated in the debates of
Fundamental rights, citizenship and
minority rights
6. A K Ayyar

➢ He was elected to assembly from


Madras

➢ He was the member of 9 committees


and sub committees including the
Drafting Committee and Advisory
Committee
➢ He made important contributions in the
debates over citizenship, fundamental
rights and proclamation of emergency
➢ Apart from these six members of
Constituent assembly, there were two
civil servants who played equally
important role

1. B N Rau 2. S N Mukherjee

➢ He prepared a rough draft of ➢ He was the chief Draughtsman


Indian constitution of Constituent assembly

➢ He was the constitutional


advisor to the government of
India
The Vision of Constitution

Objective Resolution Key Features of Objective


Resolution
▪ It was proposed by Jawahar Lal Nehru
on 13 December 1946. ▪ India is and independent, sovereign
and Republic
▪ The aims and Principles which drove the
▪ Power and authority shall flow from
creation of Constitution were included in the
people
objective resolution
▪ Guaranteed Economic, social and
▪ The preamble was based on the ideals and Political Justice
principles of objective resolution
▪ Adequate Safeguard for minorities,
▪ The objective resolution along with preamble tribals, backward and depressed
was adopted by the assembly on 22nd classes
January 1947
Was there any British Influence in the
assembly?

➢ Yes, because from the time of beginning of


Making of constitution to the time of
finishing this, British had influence on the
assembly.

➢ In the assembly, a communist leader


Somnath Lahiri Pointed out the need for
being independent first and then carve
out the constitution

➢ To his reply, Nehru said


▪ It is true that British had a considerable
influence on this assembly
▪ But this is also true that it were not
British but the People of India who had
sent us to this assembly Somnath Lahiri
▪ So we should fulfil the passion that lies
in the heart of our masses
Earlier Constitutional
Development

Act of 1909 Act of 1919


➢ Introduction of Separate Electorates ➢ It is also known as Montague-
➢ Political Representation was given Earlier Chelmsford Reforms
to Indian for the first time Constitutional ➢ Seats were increased in Legislative
➢ Indians could be elected indirectly Assemblies
in the legislative assemblies Developments ➢ Extension of separate electorates to
➢ It is also known as Morley-Minto Sikhs, Anglo Indians, Indian Christians
Reforms and Europeans

Act of 1935
➢ It allowed the direct elections for the
first time in Provincial Legislatures
Discussion on Separate
Electorates

Arguments in Favour Why the Separate electorate was hated?

➢ On 27 August 1947, B Pocker Bahadur, ➢ The demand of separate electorate


pointed out the need of separate infuriated anger among the nationalists
electorates for the minorities

➢ He considered separate electorate is ➢ Nationalists Believed that, this concept


necessary for the political representation was introduced by the British to divide
of minorities India on the lines of religion and castes

➢ He said the needs of Muslims cannot be


felt properly by the non-Muslims ➢ The Nationalists leader saw the Separate
electorates as the reason behind Partition
Note
of India and creation of Pakistan
• B Pocker Bahadur was a member of
Muslim League who decided to Join the
constituent assembly of India after
partition.
• He was elected from Madras
Arguments of R V Dhulekar Arguments of G V Pant
➢ He criticized the demand of separate ➢ He considered the demand of Separate
electorates by saying that it was a game electorate as suicidal
played by British to divide us
➢ He said, it will isolate the minorities forever
and will make them vulnerable
➢ He asked the members to give up the
demand as there is no one (Jinnah and
Company) who could misguide them

Arguments of Sardar Patel Conclusion


➢ He said that separate electorate had ➢ By 1949, most Muslim members agreed
turned one community against other on the abolition of separate electorates

➢ He also held the separate electorates ➢ Begum Aizaz Rasool played an important
responsible for the partition of India. role in this negotiation.
Discussion on Citizenship

Why Citizenship is needed? Arguments of G V Pant

➢ It was needed to form a strong and unified ➢ He pointed out the concept of divided
state. loyalty

➢ By granting the citizenship, the members ➢ By divided loyalty, he implied that all the
of each and every group could be treated people must first think as the citizen of
equally. Nation instead of a member of community

Basic problem with citizenship ➢ He further added that rival loyalty can be
obstacle in the success of democracy
➢ People had the mindset to think in terms of
a member of community not in terms of ➢ He said that first we need to make our
citizen people that much disciplined that they
don’t have any divided loyalty.
➢ This could have been disastrous for the
integrity of Nation
Discussion on Minorities

Who were the real minorities ?

➢ As per N G Ranga, the real minorities


are the Indian masses who are Poor and
Downtrodden

➢ He emphasized that the minorities


should be interpreted in economic terms

➢ He pointed out the limitations of legal rights


that were being passed in the assembly

➢ He said that we have to make such N G Ranga


conditions were the poor and depressed • He was a leader of INC
classes could exercise the legal rights which • He was elected to assembly from Andhra
are given to them Pradesh
• He is known for his peasant philosophy
The Voice of Tribals The Arguments of Dalits

➢ Jaipal Singh Munda represented ➢ Most of the Dalit leaders were


tribals in the assembly demanding the Moral Safeguard

➢ He said the tribes are not numerical


➢ As Dakshayani Velayudhan said, that
minorities but needs protection.
Dalits are not numerical minorities but
we need moral safeguard against the
➢ He emphasized on taking tribes to the society dominated by upper caste
level of general population
➢ Leaders like J Nagappa pointed out the
➢ He said the general population should issue of Systematic Marginalization by
mix up with the tribes and vice versa which Dalits were denied share in
education, administration etc.

Jaipal Singh Munda (3 January 1903 – 20 March 1970)


➢ The assembly finally recommended that
• He was from Munda Tribe
untouchability should be abolished, Hindu
• He was a legendary Parliamentarian and Hockey
temples to be opened for all and
Player
reservation for Dalits in legislatures,
• He represented tribal interests in the assembly
Government offices and local bodies.
The voice of Women Important women and their constituencies

➢ There were total 15 members in the ➢ Begum Aijaz Rasul – United Province
constituent assembly of India. ➢ Dakshayani Velayadhun – Madras
➢ G Durgabai – Madras
➢ The major demands were of economic, ➢ Hansa Mehta – Bombay
political and social justice to women ➢ Rajkumari Amrit Kaur – Central Province
➢ Sarojini Naidu – Bihar
➢ Sucheta Kriplani – United Province
➢ Aa Hansa Mehta said, we demand
➢ Vijayalakshmi Pandit– United Province
equality which can be the basis of
mutual respect and understanding
Discussion on Division of
Power

How the powers were divided? Fiscal Federalism in India


➢ As per the draft of Indian Constitution, ➢ Fiscal federalism refers to the financial
three lists of subjects were provided i.e. relations between the federal units of a
country i.e. Centre and State
1. Union List- Subjects under
Central Government ➢ In case of India it was inclined towards
2. State List- Subjects Under centre
State Government
3. Concurrent List- Subjects ➢ The Centre had authority over Company
Shared by Centre and State Taxes and Custom duties.

➢ More powers were put under Union list ➢ The proceeds from Income taxes and
and Concurrent List excise duties were shared by the State
and Centre.
➢ Union had control over mineral and key
industries ➢ The state had sole authority over sales
tax, land and property tax and liquor
➢ Besides by Article 356, centre could taxes
also take over the state administration
Need for a Strong Centre Arguments against Strong Center

➢ As per the advocates of Strong centre, ➢ K Santhanam (leader from Madras)


there were following reasons behind argued that if the centre would be
making a strong centre- overburdened with responsibility then it
1. To ensure Peace can’t function properly
2. To represent effectively in international ➢ A leader from Orrisa marked that by
sphere adding more and more powers in the
3. For efficient economic planning Union List, center is likely to break
4. For defence purposes because of burden
➢ Almost all the leaders of Congress were ➢ Sir A R Mudaliyar from Mysore argued
the advocates of Strong Centre. that demanding a strong province is not
a sign of not being patriot
➢ B R Ambedkar wanted a strong and
united center
➢ Leaders argued that state must be
provided with enough power and income
➢ Leaders like Balakrishna Sharma and
sources so that it could not have to beg
Gopalaswami Ayyanagar also cited the
to centre for the well being of tis people.
need of strong centre in this tumultuous
times
Gandhi’s Thought Plea For Hindi

➢ He desired Hindustani to be the ➢ Amongst the Supporters of Hindi,


National language R V Dhulekar was most vocal
➢ He thought it would promote the DISCUSSION OVER
religious harmony as it was the NATIONAL LANGUAGE
blending of Hindi and Urdu

Conclusion Arguments against Hindi

➢ Hindi was made as the official ➢ Shrimati G Durgabai argued that


language imposing Hindustani as the
national language will be harmful
➢ No National Language in India as it had lost its composite culture
➢ Other leaders were fearful of the
➢ States were allowed to add one
fact that Hindi might destroy their
regional language as their official
regional language
language
Important for CUET

Important Dates Important Leaders


➢ 1940 – Lahore Resolution ➢ Dr. Rajendra Prasad – President of Constituent
➢ 1942- Quit India Movement assembly
➢ Jan 1946 – Provincial Elections ➢ Jawahar Lal Nehru – Vice president of interim
➢ May 1946 – Cabinet Mission announced its government and First prime minister of India
constitutional scheme ➢ B R Ambedkar – Chairman of drafting committee
➢ 9 Dec 1946 – Sessions of constituent assembly ➢ Somnath Lahiri – Member of assembly from
began communist party
➢ 13 dec 1946 – Objective resolution was passed ➢ Begum Aijaz Rasul – A notable Muslim member
➢ Aug 1947 – Jinnah became the president of ➢ Jaipal Singh Munda – Member of assembly who
constituent assembly of Pakistan represented tribal
➢ 14 Aug 1947 – Partition ➢ Sardar Patel- Influential member of assembly
➢ 15 Aug 1947 – Independence to India ➢ G B Pant – Important member of assembly
➢ Dec 1949 – Constitution is signed ➢ R V Dhulekar - Important member of assembly
➢ 26 January 1950 – Constitution is enacted

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