Constitution making in India

Question 1

What is Constitutionalism?
What are some of the provisions ensuring constitutionalism in IC ?

Answer 1

• Limiting power on each organ of the government (Legislative, Executive, Judiciary)
• Having a constitution doesn’t ensure constitutionalism eg: Israel, Mynammar
• Provisions ensuring constitutionalism in IC
  Democratically formed govt
  Separation of power
  Checks and balances
  Independent judiciary and power of judicial review
  Remedial measures against administration
  eg: E-governance, RTI. Citizen’s Charter

Note : Constitutionalism places restrictions on the rights of govt as well as people –> Turn the state into anarchy

Question 2

Chairman of NITI Aayog

Answer 2

Prime Minister

Question 3

Constituent Assembly
1. Who was the first Indian to demand the making of Indian Constitution ?
2. British agreed in ?
3. INC demanded in ?

Answer 3

1. M.N Roy in 1934 for the first time, put forward the idea of constituent assembly in India (pioneer of communist movt in india)
2. August Offer 1940 (Constitution making by Indians)
3. 1935 - INC demanded C.A
   1938 - Jawharlal nehru on behalf of INC declared “Constituion of India must be framed without outside interfearence on basis of adult franchise”

Question 4

Cabinet Mission Plan -
1. Date
2. Purpose
3. Members

Answer 4

• Came to India in 1946
• Purpose: In order to discuss the transfer of power from the British government to the Indian political leadership, with the aim of preserving India’s unity and granting its independence
• Lord Pethick Lawrence (Secretary of state for india)
  AB Alexander
  Stafford Cripps

Question 5

Objectives of Cabinet Mission Plan

Answer 5

1. To obtain an agreement with the Indian leaders as to the framing of a constitution for India.
2. To formulate a constitution-making body (the Constituent Assembly of India).
3. To establish an Executive Council with the support of the major Indian parties.

Question 6

Constituent Assembly seats

Answer 6

• Constituent assembly was a partly indirectly elected + partly nominated body
• No universal adult franchise
• Seats were allocated to provinces and princely states in proportion to their respective population

         389 seats  British India | Princely states
                   | 
                   | ------------------------------------------ 296                                          93 Indirectly                Nominated              elected                          |   |                          Separate    |                          electorate    |   |                        --------------------------------- 292                                 4  From 11                   From chief governor's      commissioner's provinces                 provinces

|

Question 7

First elected president of India

Answer 7

Dr. Rajendra prasad Sinha

Question 8

Objective resolution

Answer 8

• Given by jawaharlal nehru
• Reflected in preamble

Question 9

President (oldest speaker pro tem)

Answer 9

Dr. Sachidananda Sinha
Temporary President

Question 10

Vice president of Constituent assembly
Legal advisor
muslim league

Answer 10

• HC mukherjee
• BN rao
• Participated in elections
  but not in constituent assembly

Question 11

26th Nov 1949
26th Jan 1950

Answer 11

• Constituent assembly adopted constitution of India
• Constitution of India came into effect

Question 12

1. Constitution contains ?
2. Articles ?
3. Schedules ?
4. Parts
5. Provisions that came into force during enactment

Answer 12

1. Preamble
   Basic structure
   Constitutional provisions
2. 395 articles
   ▪ 445-450 Articles
3. 8 Schedules
   ▪ 12 Schedules
4. 22 Parts
   ▪ 2 Deleted 5 added
   ▪ 25 Parts
5. Provisions that came into force
   ▪Citizenship
   ▪ Elections
   ▪ Temporary & Transitional Provisions
   ▪ Provisional Parliament

Question 13

Constituent assembly playes 2 roles ?

Answer 13

Played 2 roles
* Making constitution
o Presided by Rajendra Prasad
* Provisional Parliament
o Presided by GV Mavlankar
▪ 10 % seats for LoP: Mavlankar rule
* Quorum is by Constitutional provision, Article 100

Question 14

What is GV Malavankar Rule ?
Quorum ? Article ?

Answer 14

• Mavlankar Rule : 10% seats for LoP
• 10% of total number of members of the House must be present to constitute the quorum to constitute a meeting of either House of Parliament.
  ARTICLE 100

Question 15

After partition strength of constituent assembly

Answer 15

|

299 70
British India Princely states

Question 16

1. JL Nehru ? Hint : 3
2. Dr. Rajendra Prasad : Hint : 2
3. Dr Ambedkar ? members ? Hint : 1

Answer 16

JL Nehru

▪ Union Constitution Committee
▪ Union Powers Committee
▪ States Committee

Dr Rajendra Prasad
▪ Rules of Procedure Committee
▪ Steering Committee

Dr Ambedkar
▪ Drafting Committee
* Other Members
o AK Aiyyar
o Gopalswami Ayyangar
o TT Krishnamachari
o KM Munshi
o Madhav Rao
o Sayyad Mohammad Sadula

Question 17

1. Sardar Patel
2. Negotiating Committee members

Answer 17

1. Sardar Patel -
   ▪ Provincial constitution Committee
   ▪ Advisory Committee on Fundamental Rights & Minorities
2. Negotiating Committee
   o Appointed by Constituent Assembly
   o Members -
   ▪ J Nehru
   ▪ Sardar Patel
   ▪ Pattabhi Sitaramayya
   ▪ Maulana Azad
   ▪ Shankar Rao Dev
   ▪ N Gopalswami Ayyangar
   o Purpose
   ▪ Negotiate with princely states for
   * Fixing distribution of seats of Princely states
   * Method by which the representatives should be chosen