Introduction  –

The historical background of the Indian Constitution & Constituent Assembly, It was the first Parliament of India after its departure from British India and was also the assembly that framed the Constitution of India. World War II lasted from 1939-1945 in which Germany, Japan and Italy were defeated by countries like America, Russia and England. The main focus of this war has been Europe and England was most affected economically in this, due to which it had to leave all its colonies one by one.

In this episode, India was the British colony and it was the largest colony, which at that time it was very difficult for Britain to handle, whose signs were visible only during the World War. Prime Minister Winston Churchill had the most important role in the war, but still he lost the election after that and a new Prime Minister was elected, whose name was Clement Attlee.

Government of India Act 1935 Under this British Parliament, the Constituent Assembly of India was formed, for which the Cabinet Mission had played a very important role. Earlier the information of Cripps Mission was opposed in India which was done. In this way, we will see further what is the importance of the Constituent Assembly for the system of India.

Constituent Assembly of India –

The Constituent Assembly was formed to frame the constitution of independent India, in which all the members before the partition of India and Pakistan were elected. For this, the Constituent Assembly was constituted by the Cabinet Mission, a representative for one million people. In this, 292 representatives were elected from British India, for which the representative was brought through election.

The second part in the Constituent Assembly was representative, that by giving 93 representatives to the British government in the form of taxes, the institutions running the polity under British rule, and by doing so four commissionerate, the Constituent Assembly was formed which worked for the making of the constitution. . In the second and the second session of the day, this Constituent Assembly became the first Parliament of India and did the work of making laws for the country.

The Constituent Assembly was started on 7 December 1946 and its last assembly ended on 24 January 1950. The Muslim League had boycotted this Constituent Assembly and they believed that this Constituent Assembly would not give us justice, as a result of which the partition of India and Pakistan was approved in the middle of the Constituent Assembly and the Chairman of the Masuda Committee and the main in the making of the Constitution. The role Dr.

Ambedkar’s representation was canceled due to being in eastern Bangladesh, but with some disputed historical facts, he was re-elected from Mumbai province and later he played an important role in the completion of the constitution.

What is the historical background of the Indian Constitution?

The concept that there should be a Constituent Assembly in 1934 was first put forward by the communist leader MN Roy to the British, which was included in its agenda by the Congress in 1935. Adult suffrage had been established by Britain by then, due to which it soon started raising its demand in India as well. After 1945, the government had changed in Britain and their economic condition had become very poor.

In the meantime, the new government sent a cabinet mission plan to India in 1946, indicating that he was going to leave India soon. For this, the election process was conducted under the Cabinet Mission Plan and the Constituent Assembly was formed to write the Constitution. For this, representatives of the Constituent Assembly were elected by indirect elections from the Provincial Assembly of British India.

On 3 June 1947, the British Governor General of India, Lord Mount Batten, declared that the Cabinet Mission was canceled, which led to the partition of India and Pakistan under The Independence Act 1947, and the Constituent Assembly of India was reconstituted again on 14 August 1947. Gaya, which became a sovereign country, after the completion of the constitution, abolished the law of British India in Article 395.

Constituent Assembly & Parliament of India –

The first elections in independent India were held in 1951-52, before which the Constituent Assembly continued to function as Parliament without elections and many laws were also made. Both the Constituent Assembly and the Parliament continued to run together, with Pandit Nehru serving as the prime minister in the Parliament. Thirteen committees of the Constituent Assembly were formed, as are the ministries in today’s Parliament.

The Constitution of India was completed on 26 November 1949, but came into force, partly on that day and came into full force on 26 January 1950. Under the Constituent Assembly of India, the first constitutional amendment was done in 1951 and the law amendment power of the Parliament was increased by making the 9th Schedule. This Constituent Assembly has been dominated by the Congress, which has been the most important reason for the boycott of the Muslim League.

The Constituent Assembly was formed in December 1946 and India and Pakistan were partitioned by 1947, by which time the Muslim League had boycotted this Constituent Assembly which had 93 members. On 15 August 1947, the Universal Constituent Assembly of India was again constituted and the work of constitution making and Parliament continued.

Drafting Committee of Constituent Assembly –

On 29 August 1947, the Drafting Committee was constituted and it was chaired by Dr. Ambedkar, in which the work of the Drafting Committee was that every part of the Constitution should be drafted and placed for discussion in the Constituent Assembly, which was discussed in the Constituent Assembly. It was made a part of the constitution.

There were other 6 members in the drafting committee, but Dr. Ambedkar worked hard for this, so he is called the architect of the Constitution of India. He studied many constitutions of the world and gave a great constitution for India, for which he has worked very hard in the Constituent Assembly to keep some provisions.

As the chairman of the Drafting Committee, he had to put his views on each and every subject of the constitution in the Constituent Assembly and in what interpretation he had to analyze it to all the representatives in the Constituent Assembly. Therefore, the practitioners of law and the judges have to use the discussions of the Constituent Assembly and their opinion as an interpretation in today’s jurisprudence.

Features of the Constituent Assembly of India –

• The Constitution of India came into force. partly on 26 November 1949 and in full on 26 January 1950.
• Constitution of India It became the world’s largest democracy and democratic constitution, which has 392 articles.
• Dr BR Ambedkar was the Chairman of the Drafting Committee and Dr Rajendra Prasad was the President of the Constituent Assembly.
• The Constituent Assembly was appointed by the British Parliament and this law was repealed by Article 395 and India was made sovereign.
• The Constitution was partially implemented by Article 394 on 26 November 1949, in which mainly the Articles of Citizenship were implemented.
• India was declared to be democratic and republic, in which the President became the head of the republic and the Prime Minister became the head of the democracy.
• The Constituent Assembly was formed in December 1946 by a cabinet mission sent by the British Government.
• The Mullim League had boycotted the Constituent Assembly, they believed that this assembly was dominated by the Congress.
• In the Constituent Assembly, 93 representatives from the 565 polity of India were sent.
• By the Cabinet Mission on the Constituent Assembly, 389 representatives were elected by making a rule on one million citizens of India in this way, then the population of India was 35 crores and since then till today these representatives have not been increased in the Parliament.
• Constituent Assembly It was also doing the work of making the constitution for the country and was also doing the work of making laws in the form of Parliament.

Features of the Constitution of India, Indian Constitution –

• There are 395 articles in the Constitution of India and it is the largest constitution in the world.
• What would be the fundamental rights of citizens in the Constitution till Article 12-35, under which the Constitution cannot make laws contrary to this.
• Under Article 32 and Article 226, provisions were made for every citizen of India to safeguard their fundamental rights, for the protection of which the judiciary was empowered.
• Article 35-51 guideline has been laid down for how the Government of India has to work, which means that it has the right to set more policies than this, but it cannot explain less than this policy.

Critical Analysis of Constituent Assembly of India –

• The former British Prime Minister called this Constituent Assembly the assembly of a particular caste.
• The Muslim League and many other institutions where the monarchy was run had opposed this assembly.
• The Constituent Assembly was dominated by the Congress, due to which the representatives of the deprived society of India are not in this institution, so many ideas were believed.
• The representatives who framed the Constitution of India did not come by direct electors who recognized the Indian Constitution.
• India’s first election was held in 1951 and Pandit Nehru became the first elected Prime Minister of the country, but the Constituent Assembly appointed him as the Prime Minister of India in 1947 without elections.
• The framer of the Constitution had said in his speech to the Constituent Assembly that after the implementation of the Constitution, we are entering a world of contradiction where the conditions and rules of the society are different and the rules of the Constitution are different.
• Even after the implementation of the Constitution of India, we are standing on the basic problems like food, clothing, shelter, health, education and employment.
• The essence of democracy is the representation which we have failed to bring to the Parliament of India and the election is not to be the representative of the common people.
• By the 7th Schedule of the Constitution, the states and the Center were given the right to make laws, which is called decentralization of power, the representative leadership of the states is led by the Chief Minister and the representative leadership of the country is by the Prime Minister.
• After the constitution came into force in India, democracy and republic were implemented together.
• The Constitution gave the most powers to the Parliament of India, which consists of the Lok Sabha, the Rajya Sabha and the President.
• By the constitution, provision of reservation was made for the education and socially deprived people of India, which includes job, education and political representation.
• Constitutional institutions were created by the constitution for the judiciary, election system, legal security system, which would work under the constitution.

Conclusion –

Our democracy is considered to be the largest democracy in the world, but the ideologues who laid the foundation of democracy believed that it is necessary to have a social and political understanding for democracy, so that the right representatives can be elected. Many laws implemented by British India are still in force till date, in which misuse by Indian system can and is happening.

But the wrong representatives are elected due to the lack of understanding of the citizens of the country towards democracy. We have to understand that the purpose for which we acquired our sovereignty from British India is to be destroyed by the economic crisis in 1990.

Considering the fact that economic trade should increase, international trade should increase, but for this it is necessary to export more than imports, due to which the country will become self-reliant, but economic policies and ethnic conflicts under it is our biggest problem, due to which foreign countries are again on India in an economic way. It can be assumed that they have succeeded in gaining control.

Therefore, we have to understand the importance of our constitution, in which we have to understand the responsibility of “we the people of India”.

WHAT IS CITIZENSHIP AMENDMENT ACT