❇️ What is the constitution?
๐นConstitution is the collection of rules and laws related to the governance of any country. Through this, the government of that country has sovereignty (depending on itself or on the constitution) and whatever rules and laws it makes, the people automatically follow them.
❇️️ Types of constitution in the world :-
๐นThere are mainly two types of constitutions in the world.
1. Written Constitution
2. Unwritten Constitution
❇️️ Written Constitution :-
๐นA written constitution is that constitution, which is definitely made by a constituent assembly, it is called a written constitution.
Example:- India, America, Japan.
❇️️ Unwritten constitution :-
๐นUnwritten constitution is that constitution which is not made by any Constituent Assembly but there is evidence of traditions and laws passed from time to time, judges etc.
Example:- Britain, New Zealand, Israel.
❇️️ Functions of the Constitution :-
๐นThe constitution establishes the three major organs of government (legislature, executive and judiciary) of a state.
๐นThe constitution explains the powers of the three organs of the government and also sets the limits of their duties.
๐นThe constitution regulates the mutual relations between the three organs of government and their relations with the people.
๐นThe constitution works to fulfill the specific social, political and economic nature, beliefs and aspirations of the people, and prevents anarchy.
❇️ Requirement of Constitution :-
๐นMan is a social animal. Society is made up of different types of communities. Constitution is necessary to bring harmony among these communities.
๐นThe constitution provides a set of basic rules for creating mutual trust among the people.
๐นWho will have the power to take the final decision? The Constitution decides this.
๐นThe constitution sets the rules and bye-laws of government formation and its powers and limits.
๐นConstitution is also necessary for the establishment of a just society.
❇️️ Constituent Assembly in the world :-
๐นThe person who gave the first idea of the Constituent Assembly in the world was British / British citizen Sir Henry Maine.
๐นThe first Constituent Assembly in the world was formed in the US state of Philadelphia in 1786. At that time there used to be 13 states in America which together made up the Constitution of America.
๐นAfter this, the Constituent Assembly was formed in France in 1789.
๐นThe first constitution in France was written in 1793.
❇️️ Cripps Mission :-
๐นSent to India in March 1942 by British Prime Minister Churchill under the leadership of British Member of Parliament and Labor leader Sir Stafford Cripps, whose purpose was to remove India's political deadlock.
๐นHowever, the real purpose of this mission was to entice Indians to cooperate in the war. Sir Cripps was also a member of the British War Cabinet and actively supported the Indian National Movement.
๐นOn behalf of the Congress, Jawaharlal Nehru and Maulana Abul Kalam Azad were authorized for examination and discussion in the context of Cripps Mission.
❇️️ Indian Constituent Assembly :-
๐นThe person who gave the idea of Constituent Assembly in India was MN Rai.
๐น1895: - As far as India is concerned, the first vision of the Constituent Assembly in India is seen in the Swaraj Bill in 1895, which was prepared under the direction of Bal Gangadhar Tilak.
๐น1922 :- In 1922, Mahatma Gandhi was the first person who gave the speech of the Constituent Assembly.
๐น1924: - The first person to demand a Constituent Assembly in 1924 (in 1924 AD) was P. Motilal Nehru (his father's name was Dada Gangadhar Naharu who was the Kotwal of Lalkla, Delhi during the revolution of 1857.)
๐น1924 and 1934 :- In 1924 and 1934, Swaraj Dal was the first political party in which the demand for Constituent Assembly was made twice in 1924 and 1934.
Note :- The credit of taking the ideas of the constitution to the public goes to Jawahar Naharu who has mentioned in many of his speeches and made it known to the public.
๐น1936 :- 1936 Congress was established on 1885 December 28. For the first time in 1936, the Congress spoke about the importance of the meaning of the Lucknow session of the Constituent Assembly, this session was presided over by Jawaharlal Nehru (the initial workers of the Congress were 72 at that time).
๐น1940 :- In August 1940, the British Prime Minister Churchill was the first person who said that the people of India will prepare the constitution of India themselves.
❇️️ Formation process of the Constituent Assembly of India :-
๐น1942: - The proposal of the Constituent Assembly on the principle of Britain was placed before the Indian in 1942 through the plan of the Cripps Mission. But the Krims proposal was rejected by all political parties. That is why the Constituent Assembly could not be formed here.
Note: - Radical Democratic Party was the only political party that accepted the Cripps proposal, this party was formed by MN Rai.
๐น1945: - In July 1945, when the new Labor Party government came to power in England, the way for the formation of the Indian Constituent Assembly was opened. Vice Roy Lord Wavell confirmed this.
๐น1946: - The practical form of the Cripps proposal was given in the name of the 1946 Cabinet Mission plan and on the basis of this, elections to the Constituent Assembly were held in July 1946.
๐นAccording to the cabinet mission plan – constitution making – the number of members of the body – 389 was fixed. Out of which 292 representatives were to be taken from the eleven provinces under the Governors of British India, 04 representatives were to be taken from the four provinces of the Chief Commissioners (Delhi, Ajmer-Marwar, Coorg and British Balochistan) and 93 representatives were to be taken from the Indian princely states.
Note: - Out of these, Hyderabad was the only princely state whose representatives did not come to the assembly.
๐นEach province of the British Province was given seats in the Constituent Assembly in proportion to their population. (one place per 10 million people)
๐นThe seats in each province were divided into three major communities - Muslims, Sikhs and generals in proportion to their population.
๐นJune 3, 1947, according to the Mountbatten plan, the India-Pakistan partition was decided, as a result the members of Pakistan ceased to be members of the Constituent Assembly and the actual number of members of the Constituent Assembly of India was reduced to 299.
❇️️ Nature of Constituent Assembly :-
๐นConstituent Assembly duly inaugurated - day - Monday, 09 December 1946 at eleven o'clock in the morning.
❇️️ Sessions of the Constituent Assembly :-
๐ถ First Session : -
๐นThe first session of the Constituent Assembly was held on 9 December 1946. 209 members attended this meeting
๐นOn 9 December 1946, Dr. Sachchidanand Sinha was appointed as the Provisional President.
๐ถ Second Session : -
๐นThe second session of the Constituent Assembly was held on 11 December 1946.
๐นDuring this session, on 11 December 1946, Dr. Rajendra Prasad was elected as the Permanent President of the Constituent Assembly and the Chairman of the Constitution Drafting Committee, Dr. Bhimrao Ambedkar was elected.
๐ถ Third Session : -
๐นOn 13 December 1946, Pandit Jawaharlal Nehru presented the objective of the constitution. In this the outline of the future sovereign democratic republic of India was presented. Which was accepted by the Constituent Assembly on 22 January 1947.
Note: - The Objective Resolution was a model of the process and ideals of the Constitution, according to which the Indian Constitution was to be framed.
๐ถ Fourth Session : -
๐นThe fourth session of the Constituent Assembly of India lasted from 14 July 1947 to 31 July 1947. During this session, the national flag tricolor was adopted on 22 July 1947.
๐นThe Constitution of India, adopted on 26 November 1949, had 395 articles, 22 parts and 8 schedules, 3 appendices. At present the schedules have increased from 8 to 12.
๐นAs of 25 July 2017 there were 465 articles. and became 465 on 31st December 2017.
๐นThe Constitution of India, adopted on 26 November 1949, was duly implemented on 26 January 1950.
๐นThere were 299/300 members in the Constituent Assembly of India, out of which on 26 November 1949, a total of 284 members were present, these 284 members signed the finally passed constitution.
๐นEvery motion introduced in the assembly, every word and everything done there has been recorded and published in 12 rough volumes in the name of Constituents/Assemblies/Debates.
❇️️ Total time total sittings in the making of Indian constitution :-
๐นIt took 2 years 11 months and 18 days to make the constitution and a total of 166 meetings were held and about 64 lakh rupees were spent in making the constitution.
❇️️ Present Schedules in the Indian Constitution :-
๐นThere are twelve (12) schedules.
️❇️ Women members in the Constituent Assembly :-
๐นA total of 9 women members in the Constituent Assembly, out of which three were very important, were in many committees. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukha and other princesses were Amrita Kaur, Begum Ejaz Rasool, Vijayalakshmi.
❇️️ Drafting Committee of the Constituent Assembly :-
๐นOn 29 August 1947, Dr. Constitution of seven member committee under the chairmanship of Bhimrao Ambedkar. This committee presented the draft of the Constitution to the President of the Constituent Assembly on 21 February 1948.
❇️️ Formation process of the Constituent Assembly of India :-
๐นFirst meeting on 9 December 1946, Provisional President Dr. Satchidananda.
๐นCabinet Mission Proposal.
๐น11 December 1946 Dr. Appointment of Rajendra Prasad as permanent chairman.
๐นMember No. 389 , (292 + 4 + 93 ) .
๐น14 August 1947, Partitioned India Constituent Assembly meeting, total meetings – 166.
❇️️ Four shortcomings in the formation of the Constituent Assembly of India :-
๐นLack of sovereignty.
๐นImproper classification of provinces.
๐นThe princely states were not compelled to follow the constitution.
๐นThe members of the Constituent Assembly were elected in an undemocratic manner.
❇️️ Preface :-
๐นThe purpose of the constitution maker is the essence of the ideas, the preamble is also called the preamble or preamble, its basis is considered to be the objective proposal.
Note: - The definition of the Preamble has been taken from the Constitution of Australia and its practical form has been taken from America. The constitution is the mirror of the nation and the system of governance and the preamble is the mirror of the constitution.
❇️ In the Preamble 3 types of justice have been used.
1. Social justice
2 . economic justice
3. political justice
๐ถ social justice - the right to social justice has been ranked in the original places, especially equity.
๐ถ economic justice - economic justice has been ranked in the policy director elements.
๐ถ political justice - has the right to vote for political justice and election rights.
Note :- Preamble is considered as part of the constitution.
๐นThe Preamble is the mirror of the Constitution.
๐นThe preamble is also called the key to the republic and the essence and purpose of the constitution, philosophy.
๐นThis was said by KM Munshi.
๐นBy the 42nd Constitutional Amendment Act 1976, 3 new words were added to the Preamble.
(i) Socialism (ii) Secularism (iii) Integrity (Unity and Integrity)
Note :- On 22 July 1947, the Constituent Assembly adopted the national tricolor.
๐นOn 26 January 1950, the Government of India gave the status of a national emblem to the Ashoka Pillar.
๐น 24 January 1950 Constituent Assembly Jan - Gan - mind was given the status of the national anthem and national song were also the Vande Mataram.
๐นOn 14 September 1949, the Constituent Assembly gave the status of official language to Hindi and script Devanagari.
๐นIn the year 2000, a National Commission was set up by the Vajpayee government under the chairmanship of Justice MN Venkatachalya to investigate the working of the Constitution. 22 feb 2020
๐น law rule in India is moving from the constitution the name of our country in the Constitution is the 2-way "India That India" India "That India"
๐นThe world's smallest constitution is that of America, which has only 7 articles and it came into force on 4/3/1789.
❇️️ Sources of Indian Constitution :-
๐นAbout 75 percent of the constitution was taken from the Government of India Act 1935.
๐น10 Fundamental Human Rights were included from the Motilal Nehru Committee Report appointed in 1928.
๐นSome things from the constitutional system of other countries were also included in the Constitution of India such as :-
๐ถ British Constitution :-
๐นThe decision to win the election on the basis of the highest number of votes.
๐นParliamentary form of government.
๐นThe idea of rule of law.
๐นThe office of the Speaker in the legislature and his method of law making.
๐ถ Constitution of America :-
๐นList of Fundamental Rights.
๐นPower of judicial review and independence of judiciary.
๐ถ Constitution of Ireland :-
๐นDirective Principles of State Policy.
๐ถ Constitution of France :-
๐นThe principle of liberty, equality and fraternity.
๐ถ Constitution of Canada :-
๐นForm of a quasi-federal government (federal system with a strong central government.
๐นTheory of residuary powers.
❇️ Features of the Constitution :-
๐นA complete constitution written by the representatives of the people.
๐นIt constitutes a fully sovereign, democratic, socialist, secular republic.
๐นReminds citizens of Fundamental Rights along with Fundamental Duties.
๐นThere is an independent judiciary.
๐นParliamentary government system.
๐นDirective Principles of State Policy etc.
❇️️ Indian constitution rigid :-
๐นConstitution is rigid – According to Article 368, amendment in some subjects requires the support of at least half of the state legislatures in addition to a two-thirds majority of the members of the Parliament. (special majority)
❇️️ Indian Constitution Flexibility :-
๐นThe Indian Constitution is flexible because many amendment provisions in it are amended by passing the simple majority of the Parliament.
❇️️ Expansion of words mentioned in the Preamble of the Indian Constitution :-
(a) Justice, (b) Liberty, (c) Equality, (d) Fraternity, (e) Secularism, (f) Socialist
๐นJustice: - To provide social, economic and political justice.
๐นFreedom:- Freedom of expression, thought, belief, religion, deed and worship, devotion.
๐นEquality:- The end of all forms of discrimination or freedom from discrimination.
๐นFraternity:- To create a feeling of mutual love / affection among every citizen of the country.
๐นSecularism:- Freedom to practice religion to citizens of all religious views.
๐นSocialist: The aim of the government should be maximum public welfare, social welfare work, public welfare work. Society is supreme.
❇️️ Constitution making controversy in Nepal :-
๐นSince 1948, five constitutions have been made in Nepal - 1948, 1951, 1959, 1962, 1990 and 2006. At present the Madhesi movement is protesting against this. Most of the people want amendment in the constitution.
️❇️ Fundamental provisions of a successful constitution :-
๐นEvery person must have a reason to respect the provisions of the Constitution.
๐นEnsuring social security of minorities from the majority, providing equal facilities.
๐นStrengthening the power of small social groups.
๐นTo protect the freedom of all in the society.
❇️ When was the constitution of South Africa made?
๐นThe Constitution of South Africa was made in December 1996.
❇️️ Global problems included in the constitution of South Africa :-
๐นEnvironmental protection, class discrimination, housing problem, health problem, global poverty.
