Constitution day 2022: The framers of the constitution did not claim that they were creating a completely original constitution. He did not ignore the experiences of the pre-established structure, considering it only from the past or the British era.
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The people of the country are at the core of the creation of the Constitution of India and it was first voiced by Mahatma Gandhi in 1922. He had said, ‘The people of India will have to shape their own destiny, because ‘India’ can achieve its self only by coming into the hands of the people. Swaraj should not be a gift of the British Parliament but should be governed by representatives elected by the people of India on their own free will.’
Elaborating on this, Pandit Nehru had said, ‘Even the most qualified lawyers cannot complete this work by sitting together. This work cannot be done even by establishing a balance between different interests by small committees and calling it constitution making. This work can never be done under the subordination of foreign power. This can be accomplished effectively only when political and psychological conditions exist and the public stands behind its inspiration and insistence.
Historical purpose determined the principles of the constitution
The Constituent Assembly of India was inaugurated on 9 December 1946. On December 13, 1946, Pandit Jawaharlal Nehru presented the historical objective resolution. This resolution laid down the guiding principles of the constitution. On 22 January 1947, the Constituent Assembly accepted this proposal. The proposal envisaged a federal state system in which the residual powers would be with the autonomous units and the sovereignty would be in the hands of the people. All citizens were guaranteed social, economic and political, justice, status, opportunity, equality before law, freedom of thought, expression, belief, faith, worship, business and work. It was mentioned in the proposal to take adequate defense measures for minorities, Dalits and other backward classes.
No one has a patent on the basic ideas of the Constitution
The first draft of the constitution was prepared in October 1947. A lot of base material was compiled for this format. Important parts of the constitution of about 60 countries were included in the three compilations named “Constitutional Precedents”. The draft committee headed by Dr. Bhimrao Ambedkar examined this draft. On 21 February 1948, this committee presented the draft constitution. Many objections and amendments were presented. The special committee formed to consider these included the amendments in the second draft presented in the Constituent Assembly on 26 October 1948. A major objection regarding the provisions of the draft was regarding the copying of the constitution of other countries.
Addressing the Constituent Assembly on November 4, 1948, Dr. Ambedkar had said, “As far as the provisions of the Government of India Act 1935 are concerned, I do not apologize for that. There is no shame in borrowing from someone. No one has patent right on the basic ideas of the constitution. The whole world is familiar with the subject matter of the constitution and its basic premise. It is imperative that all constitutionsMain points look similar. The allegation of blindly copying the constitution of other countries is being made due to lack of adequate study of the constitution. The second reading of the constitution was completed on 16 November. The next day the third reading started. On November 26, 1949, the proposal to pass the constitution was accepted. In this way, through the Constituent Assembly, the people of India accepted, enacted and dedicated themselves to the constitution of a sovereign democratic republic. It took 2 years 11 months and 18 days to make the constitution.
The framers of the constitution did not claim that they were framing a very original constitution. He did not ignore the experiences of the pre-established structure, considering it only from the past or the British era. During the freedom struggle, the Congress had raised the demands of representative and responsible governance. The demand for fundamental rights was first made in 1918 at the Bombay session of the Congress. The concept of a government responsible to the Parliament, fundamental rights and parliamentary system, which was done in the Nehru Report of 1928, was included in the Constitution almost completely.Same was the case with the provisions of the Government of India Act, 1935. Sufficient inspiration was also taken from the constitutions of other countries.
The parliamentary system is considered to be a gift of the British constitution. It also has a direct impact on the judicial system. The supremacy of the executive and the military is vested in the President and the post of ex-officio Chairman of the Rajya Sabha to the Vice President is inspired by the American Constitution. The inspiration for the fundamental rights of the citizens was obtained from other sources as well as from the Charter included in the US Constitution. Directive Principles are considered to be the gift of the Constitution of Ireland. The federal structure and centre-state relations and distribution of powers are influenced by the Constitution of Canada. The inspiration for the provisions of the German Constitution and the Trade, Commerce, Finance Commission on arrangements related to emergency is considered to be derived from the Constitution of Australia. Of course, the constitution was passed-enacted on 26 November, but it came into effect from 26 January 1950. Keeping in view the experiences and requirements, the process of amendments has been going on in the constitution in the last 72 years. This process has definitely given dynamism and liveliness to the constitution.
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