MAKING OF THE CONSTITUTION – A HISTORICAL PERSPECTIVE

Topics: Indian National Congress, British Raj, India Pages: 7 (4684 words) Published: October 30, 2014

Rajiv Gandhi National University of Law , Punjab

HISTORY PROJECT : MAKING OF THE CONSTITUTION – A HISTORICAL PERSPECTIVE 10/31/2013
Submitted to Ms. Rachna Sharma
Submitted by:
1203- Dhruv Sumboli
1204-Ashwin Upreti
1205- Naveed Mahmuh
1206- Nishant SIngh

TABLE OF CONTENTS
INTRODUCTION…………………………………………………………………………………………………………3 MAKING OF THE CONSTITUTION- PART I……………………………………………………………………. MAKING OF THE CONSTITUTION- PART II……………………………………………………………………. CONCLUSION………………………………………………………………………………………………………………. 1.INTRODUCTION:

This part of the project serves as an introductory note to the main theme of the project which is making of the constitution. The following serves to provide a brief insight into the constitution of India and its codification. EMERGENCE OF THE CONCEPT OF CONSTITUTION:

Constitution of a country lays down the basic structure of the political system under the ambit of which its people are to be governed. The development of code of laws has been taking place since times immemorial. The first known codified law was found to be of a Sumerian king in about 2300 B.C. Gradually, Hammurabi’s code of laws, Ten Commandments of the Moses and so on came to the fore. But, it was the Greek philosopher Aristotle who was amongst one of the first to make distinction among the constitiutional law and other forms of law. Gradually, the concept nation states having constitution came to the fore and was adopted and gained popular significance. In this light it maybe pertinent to mention the contribution of Emperor Ashoka, the ideologies of whom are inscribed in the rock edicts whose theme and spirit found place in the constitution of India. NEED FOR A CONSTITUTION:

The need for constitution was felt for the setting up of basic rules which regulate the minimum coordination amongst the members of the society. Secondly, so as to provide basic rules this would govern the citizens and ensure sustenance of social order. Also constitution helps and assists in defining the relationship shared between the government and people of a nation. Besides, constitution of a country reflects the ideology of the people who reside and the government which discharges functions pertaining to law and order. THE INDIAN CONSTITUTION:

The ground for the making of the Indian Constitution was laid way before the time, India attained Independence. In 1895, the Constitution of India Bill was put forth by Annie Beasant and Lokmanya Tilak. This also famously came to be known as Home Rule Bill. The bill sought to provide the people under British rule freedom and rights which are fundamental in nature like, freedom of expression, equality etc. Later in early 1900’s, Motilal Nehru piloted a resolution in the house of Central Legislative Assembly for the purpose of laying down a procedure and drafting of a constitution. In late 1920’s , the Secretary of State threw an open challenge to the Indian leaders to draft a constitution which became of fair measure which ensure equality among all the sections of society. To this effect, Nehru committee was formulated which submitted its report in 1928, famously known as the Nehru Report. Further , the vision of setting up a Constituent Assembly towards making of a constitution was envisioned by M.N.Roy and Jawaharlal Nehru. It was this Constituent Assembly which laid the groundwork towards laying groundwork and paving way to develop the world’s lengthiest constitution. The members of the Constituent Assembly were indirectly elected . The Congress won an overwhelming majority within the elections. The first session of the Constituent Assembly took place in Constitutional Hall in December, 1946. Dr. Sachichand Sinha was initially made the temporary chairman of the Constituent Assembly, which was later presided over by Dr. Rajendra Prasad. It took around 3 years for the constitution to fully develop and come into force. The Drafting Committee was setup for designing the framework of the constitution and...
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