The Making of the Indian Constitution is a ten-part television miniseries
that chronicles the formation of the Indian Constitution. This series is also
available on YouTube, as it contains ten episodes. The material came from
debates, committee meetings, and biographies of Pandit Jawaharlal Nehru and
Mahatma Gandhi.
As Constitution is a symbol of our nation, is the mirror that
shows who we are, and how we can improve ourselves. 24 January 1950; Last
session of Constituent Assembly. The Constitution (with 395 Articles, 8
Schedules, and 22 Parts) was signed and adopted. On 26 January Indian
Constitution came into force.
The process took 2 years, 11 months, and 18 days
to shape our Indian Constitution. There is a fundamental role of Dr Bhimrao
Ramji Ambedkar. In this series, you will find how our Freedom Fighters shape our
constitution. No matter small or big escaped the scrutiny of our
constitutional makers. They had grim discussions over each and everything. The
whole constitution had been bifurcated in the episodes. You will get a clear
picture of our Constitution after watching this particular series called
Samvidhan.
Our leaders have toiled day and night for 3 years to complete this
book. It is the best documentary on the Samvidhan Making Real Process and its
Limitations. It is extremely informative and made me feel more proud while
watching it. The best part is the background music, which includes national
songs. Making the Constitution was not a simple task. Every member of the
Constituency Assembly was exceptionally bright, capable, and dedicated. I am
extremely proud to be Indian, first and foremost.
Episode No. |
Episode Title |
1 |
The First Step: Cabinet Mission Resolution. |
2 |
Independence: A Divided Legacy |
3 |
Independent India: Using Fundamental Rights to Right
Fundamental Wrongs |
4 |
People's Rights, Governance Principles, and Duties |
5 |
Fortifying the Weak: Minorities, Women, and Backward Rights |
6 |
Whose Land Is It Anyway? : Land Reforms And Acquisition |
7 |
Which Language Is Better: Hindi Or Hindustani? |
8 |
Federalism: Connecting States and the Center |
9 |
Pillars: Executive, Legislative, and Judicial |
10 |
From the Preamble to the Draft and Beyond |
Episode 1: The First Step: Cabinet Mission to Objectives Resolutions
Following the country's independence, the Constituent Assembly faced new and
serious challenges in drafting a grunt norm for a diverse country like India.
The creation of new and effective laws for a free India was critical, as every
conceivable law in the country was being flouted. The Indian Constitution was
drafted as a result. The constituent assembly met for the first time five days
after the country gained independence. The constituent assembly began working on
the country's constitution during this session. One of 1000 copies made one
original copy which was prepared for the members of the Constituent Assembly.
Episode 1 is all about how was it created, when was it made, who made it and
why. To unitedly move forward - It can not do so following ancient rules. So,
our forbears created our Constitution, our Identity. Not creating a book but
recreating a new nation a new society of such a civilization that was never seen
before in this world. Prior it had also tried to make the constitution as they
attempted to write our constitution but they crushed it.
However, the dream to
make a constitution for a liberal nation was never crushed, nor lost. Gandhi's
Movement gathered mass which results from the demand for our constitution
becoming a more vocal movement called Sabarmati Ashram, in 1922. One of their
mentors Gandhiji presented to the British government in 1914 to write a
constitution. As Britishers approved the proposal but they came up with their
conditions and that was they want to create the constitution.
However, it was
not accepted as it should be drafted and framed by the people of India only.
Under Gandhi's leadership history had once again given a chance to shape a new
India with congress leader and exemplary lawyers, Pandit Motilal Nehru. He
prepared a report called "Nehru Report". or Swaraj Samvidhan. After him, his
son Jawaharlal Nehru clearly articulated the dream of the Indian Constitution.
Real Independency will come when we will choose our constituent assembly from
the elected members, where will think, decide our laws and make our
constitution. No further rule of Britishers should be applicable.
The Government
of Act 1935 increases the tensions between the Hindu and Muslim leagues.
Meanwhile, during the time of the Second World War in 1945, Dr Tej Bahadur Sapru
consulted all parties to prepare the framework for a draft constitution, they
tried but failed. Then when Azad Hind fauj and the quit India movement came into
the picture Britishers lost all hopes of ruling India forever. After that, the
cabinet mission gives a positive outlook towards our constitution. However,
Jinnah Saheb wants to divide the country into two pieces Hindustan and Pakistan
but, this wasn't accepted by Sardar Patel.
The Congress party stated that one
nation one law and one assembly will create our constitution and the assembly
must be consisted of the elected members. They also stated that India is one and
remains one country. There should be no federation of nations takes place. There
were lot many communal disputes. Later on, decided that only one assembly will
create our constitution and also cabinet mission failed. After a few months
violence gets started and to prevent this civil-war-like situation we need to
form an interim government. Nehru gave the Britishers an ultimatum in their
lair.
Within 3 days of Nehru's return majesty's government hastily agreed.
Here's the ray of hope that was evident and India's first constituent assembly
was convened on 9th December 1946. On 13 December Pandit Jawaharlal Nehru
presented a document before the assembly that way to lay the foundation of our
constitution and it was the Aims and Objectives Resolutions. He had covered
eight major points and drew the map of our future constitution. The very next
day Jinnah Saheb questioned the validity of the constituent assembly itself.
Episode 2 : Independence: A Divided Legacy
Each episode focuses on a different aspect of the framing trip, illuminating the
various points of view brought together by the constituent assembly. The second
episode Is about Independence: A divided legacy. Later on, the work on the
constitution began. As there were people who were against the Congress party and
wanted to divide our nation into two parts, however, Nobody was ready for the
partition. Here we will comprehend how difficult it was to pacify the people who
wants to divide our nation they criticized the whole constitution that the
majority of the Hindu community made the constitution.
It's high time when our
father of body spoke for the first time. Then they gave an accurate picture
about the other communities as in this preliminary session out of 296 eligible
members, 210 attended wherein 155 were Hindus, 30 were scheduled castes, 5
Sikhs, 6 Indian Christians, 5 representatives of backward tribes, 3 Anglo
Indian, 3 parsees, 4 Muslims from 80 also attended. The lack of a Muslim league
becomes a matter of contrition.
It was proved that the assembly consists of
every community. Again jinnah saheb in response declared the assembly itself
illegal, invalid and also constituent assembly's first core proposal passed
where Gandhiji stated few facts to be kept in mind and wants Ambedkar to handle
the constitutional matters as he's having a lot of knowledge about the
constitution. Gandhiji found a way to get rid of the partition and conveyed
Mountbatten to dismiss the interim government and ask Jinnah to make his own and
abandon the idea of Pakistan. Tension aroused within the citizens was generic.
The national flag and its brief came into the picture. And we Indians adhered to
non-violence. We took a vow.
Episode 3: Independent India: Using Fundamental Rights to Right Fundamental
Wrongs
Samvidhan talks about Indian independence. This list of volumes focuses on how
the Constituent Assembly faced challenges in writing its notes for a country as
diverse as India. Before India's independence and division, the Constituent
Assembly established the Human Rights Commission and its post-meeting meeting
was held on 27 February. During this meeting, the committee discussed
fundamental rights and duties that must be respected. In subsequent meetings,
every citizen has the right to move freely and settle in any part of India at
will, acquire property and carry out any business or profession without I
choose.
In Article 4, it was previously suggested that Hindustani should be
written in Devanagari, or a common script as the national language, or the first
official language of the union. This was opposed by BR Ambedkar and advocate
Amrit Kaur. There is a discussion that hereditary titles should have no place in
independent India. In short, equal rights, freedom, education, culture, etc.
were included and with them, some rights were avoided.
It was decided that a
separate committee to be established on union law would administer the
elections. The committee discussed a lot about rights like free speech and
whether that should be included in the draft, the second most discussed right
being the right to bear arms. Just as the right to freedom of speech is included
but the right to bear arms is shunned because India promotes nonviolence and
hence members-only support the promotion of that right.BR Ambedkar questioned
whether the right to bear arms should be terminated and the commission received
your conclusion that rights like these can be terminated if the nation is in
danger.
Sardar Vallabhbhai Patel wrote a letter to the council in which he gave
a detailed version of the two parts in which the rights would be divided. From
the weekly episode, understand that according to Sardar Vallabhbhai Patel, there
will be schools of thought regarding rights in the commission. One wants the two
schools to include all possible rights and make them enforceable in court, while
the other wants to restrict the fundamental rights and make them only
enforceable by law, this is necessary.
Without much discussion, the work on
fundamental rights was approved, but after that, many members wanted to change
some of the basic rights provisions, such as abolishing the right to be
untouchable. After the adoption of fundamental rights, the debate should end but
the opposition after the adoption of fundamental rights moves on to another
debate. The result of the debate was that many proposed amendments were
withdrawn and articles accepted. The highlight of this volume is that Sardar
Vallabhbhai Patel accepted Somnath's modification to remove the word charm from
the proposition.
Episode 4: People's Rights, Governance Principles, and Duties
Samvidhan, in the beginning, can be described as a dark episode as it begins
with the death of Mahatma Gandhi, the great leader, after the death of Jinnah.
On November 4, the Samvidhan sabhas met again to discuss basic rights. BR
Ambedkar interestingly cites that since fundamental rights are a gift of the
law, they are also a gift of the state. Gyani Gurmukh Singh Musafir argues that
the state is eligible for basic rights when it grants freedom of movement,
freedom to purchase property, etc. to citizens. Begum Raziz Rasul was named
Begum Fiesty and this title is rightfully fought for because she is the only one
who questions the fact that although the state provides basic rights to the
people, some rights should be granted in the civil and protected in the
constitution so that even the legislature cannot steal it from the people under
any circumstances.
V I Muniswamy Pillay should support the questions posed by
Begum and say that two things that are not in any constitution will be in the
constitution of India and those two are: the first point proposed by BR Ambedkar
and it is untouchable removal as a member of the Harijan community that is not
welcome in the temples. During the drafting of the Constitution, one of the
debates involved freedom of speech and expression.
The provincial government
thinks that the drafting of the constitution will pass a law that prevents
people from speaking in groups. hair BR Ambedkar has the opposite view of the
provincial government. He said that Indians do Vyaktigat Satyagra because they
lack freedom of speech and expression. So, once India is independent, freedom of
speech and expression should be one of the most basic rights that should be
enshrined in the constitution by the government. Why when watching the episode
also know that there is no special provision made for the freedom of press
because the Ambedkar says that there is no need for press managers to also be
citizens, so they also have freedom of speech and expression, allowing complete
freedom to express their views and opinions through the press.
The following
volume and vc on the concept of sedation. Sedation is a concept that has been
updated by the British and they have detained people without trial. To my
knowledge, sedation is against a person's basic rights and shouldn't be there.
The good thing is that even in an emergency, the high court only holds a person
after a proper trial. According to Section 24(A), the station received a lot of
penalties and most of them were taken down soon, but it has not been taken down
yet. The next issue that the episode highlights is the discrimination against
citizens due to the race car president's language and gender.
C Rajagopala spoke
out about equality and the fact that women have no rights to property and
marriage. The final highlight of the episode involves the word 'directive' being
brought up again by BR Ambedkar. He stated that the word directive is important
in understanding legislative and executive powers. 31 days with the guiding
principles of state policy. Today education has become a basic right of all
citizens but when the Constitution was drafted it was the guiding principle.
Throughout the episode, Indira Gandhi's reference is finally made. And it is
only stated that during his tenure Mul Kartavya was added to the constitution.
Episode 5:Fortifying the Weak: Minorities, Women, and Backward Rights
Possible Volume 5 strengthens minority women's rights and backward society in
India. This episode highlights at the climax of the episode that in 1916, the
British gave Indian rights, but they distributed those rights. A very good
example of this would be that the Hindus would vote separately from the Harijans.
Gandhiji was against this type of discrimination and advised BR Ambedkar to let
the Hindus and the regions together vote for this to happen, he advised a
session where everyone also voted for Harijan.
While the episode is about Harijan, Bixby then addresses the problems faced by depressed and backward
classes in India, such as Sadhus being kidnapped. This led to the emergence of
protecting the rights of tribes and minorities so that no one could harm them.
In the previous meeting of the committee it was decided that the concept of
untouchability would be abolished only for Hindus, it was decided that
untouchability would be removed from all religions. India is a secular country,
people must respect their religion. On August 27, Sardar Vallabhbhai Patel said
that some communities, under the order of protection, will receive benefits in
government affairs and he also announced general elections, which is a very
move. good because it shows brotherhood between religions.
Many people from
ethnic minorities have resisted giving special rights to special communities, as
it leads to a reduction in their rights. The last part of the episode deals with
the human rights debate. The Muslim representatives questioned the individual
rights of others should not be interfered with while the other said that if one
does not interfere with someone's rights, who has the right to change the law? Samvidhan Episode 5 didn't end clearly as the debate continues.
Episode 6: Whose Land Is It Anyway? : Land Reforms And Acquisition
Samvidhan deals with land reforms and their acquisition. Sardar Vallabhbhai
Patel issued a statement shortly that no movable or immovable property of any
person will be acquired by the public unless the law provides for the payment of
compensation to the person. there. In this, Raja Jagannath Baksh Singh
emphasized that in clause 19, before word payment, a word must be inserted.
There has been a long debate on the question of pay if the law to acquire land
for public use. It is also established that a man must pay a reasonable amount
so that he cannot support himself and his family, but if a poor man's property
is claimed by the government for any personal purpose, any individual, the
government must pay for him. cost. Earth. The only reason behind awarding these
two points is to encourage and increase national value. Ajit Prasad Jain thinks
that during the War of Independence, Zamindars were awarded for betraying the
nation and helping British lords to think that the word reparation should mean
market-like land.
He said that was not possible because the government was not
always able to pay the full compensation. He also took the view that it would
help a few people, but it would harm our social justice for the masses. Vibhwambar Dayal Tripathi also played an important role in this debate as he
opposed the addition of "JUST" before compensation.
He thinks that if it is only
supplemented before compensation, then the government should compensate by
giving at its value. He added that if the owner is to benefit from it, it would
be wrong to fully compensate him and that the zamindar titles should be examined
as many of them have betrayed the nation. and in return receive a large fortune.
The whole point of the argument is that the owners of the states that were
considered rewards for treason now claim fair compensation. In my opinion, Dayal
Tripathi is right because a person should not be rewarded or compensated if he
betrays the nation.
The next debate is if the government buys a property and
then distributes it to tenants, is that acquisition covered by this provision?
At this point, I agree with Govind's expert when he says he's against it. He was
right because I also believe that property acquired by the government for public
use should only be used for government-related purposes and not for later
distribution to collect profits. profit. Therefore, it was rightly decided that
the idea of adding this word just before the compensation would be dropped.
Episode 7: Which Language Is Better: Hindi Or Hindustani?
The history of the Indian constitution building is dramatic and interesting. It
comes at a pivotal moment that has changed the political landscape of South
Asia. Each episode, made me realize that turning a diverse and heterogeneous
nation into a unified nation is a near-impossible task. but there is no such
thing as controversial as the official language, provincial language and
language of communication are hotly contested, there are many views but
controversial statements about the national language between Hindi and English
Hindustani starting from the first session. From day one, every announcement has
interruption, so how can we think about moving forward smoothly Honorable
Constituent Assembly Member Maulana Abul Kalam Azad's speech is the best part of
this episode that delivers screams.
I firmly believe that our national language
should be "Hindustani". Despite the fact that "Hindi" is our official national
tongue, many people still refer to it as "Hindustani" instead of "Hindi." You
cannot make any laws or impose any restrictions on any language," Maulana Abul
Kalam remarked. There are no laws that can be made to bind the tongue. Today his
statement seems to be true and Mahatma Gandhi's advice to the national language
seems to hold as well. Pandit Nehru wanted Hindustani to be the official
language for decades. In terms of his Hinduism, he stated unequivocally that he
did not want Hindi or Urdu to be lost or destroyed in the process.
As a Satyagrahi, he said, he believes in universal love and wants both languages to
flourish for the good of the country. In the end, the meeting was adjourned
until 5 pm while the congress party held a meeting where, after many complaints
and arguments, a compromise was reached between Hindu extremists and supporters.
moderates of Hindi refused their request to remove international numerals and
agreed to allow English to continue for another 15 years when parliament
convened in the evening, proposing their national language. I got through the
Constituent Assembly which has probably found the solution to my toughest
challenge.
Episode 8: Federalism: Connecting States and the Center
Jinnah Sahab`s connection with the 2 organizations of Muslim provinces Congress
changed into an opposition to the partition of any type and sad with the concept
of an unfastened confederation the rights and powers of the diverse provinces
and princely states have been additionally crucial matters. At each level, there
have been new questions arriving right here additionally now the primary query
arrived and changed into a centralized scheme viable in those circumstances.
That changed into an unsolvable puzzle The introduction of Pakistan was
additionally regarded as an opportunity Pandit Nehru without delay wrote a
letter to the meeting to quick them approximately the modern state of affairs
example 3 lists were drawn up then have been as complied with the vital listing,
kingdom listing, and concurrent listing however Both the union cupboard
individuals and provincial leader ministers have been downcast with those lists.
The maximum effective talk changed once more brought via way of means of Mahatma Gandhi"He said that the kingdom is first-rate which governs the least" Shriman
Narayana's guide A CONSTITUTION OF FREE INDIA had a foreword via way of means of
Gandhi who stated even though I might not accept as true with each unmarried
phrase precept Shriman Narayan has achieved what I changed into not able to do.
And on the give up of this episode village councils have been blanketed in our
charter via way of means of dr Ambedkar in reality it changed into now no longer
a query of village vs city or maybe among the attitude of Ambedkar and Gandhi
the distinction of opinion changed into the equal type as throughout the
evaluate of article 1 in which there has been a dispute at the call of our u. s.
a . in which a few desired to hold it as Bharat even as others as India, with
inside the give up, a compromise changed into reached and Hindustan have become
India This is Bharat.
Episode 9 : Pillars: Executive, Legislative, and Judicial
Socialist economist and playwright, Professor KT Shah sent a letter to Dr
Rajendra Prasad about the Three Pillars in this episode of Samvidhan. In it, he
discussed general guidelines based on the American, British and French models.
He also recommended how powers and duties should be distributed among the three
state agencies.
The British cabinet, the directly elected Swiss executives and
the American presidential model were the three models that the constitutional
committee had to choose to build the Indian constitution. Since the majority of
the members of the provincial and provincial councils did not know each other, Benegal Narsingh decided to send questions to each of them. After many proposals
regarding the president's authority, the union's constitutional committee
prepared a report, which Panditji then presented to the assembly.
The type of
government India needed at the time, its composition, the process of selecting
the president and the degree of power given to him were the main considerations.
The proposal states that the presidential system will not work for India and
that greater powers should be given to ministries while preventing the president
from being merely a ceremonial puppet. To remove prejudice and prejudice, Panditji wanted the president not to belong to any party.
To allow some
flexibility, he did not advocate the abolition of the prime ministership, but
rather equal power sharing among cabinet members. However, the president and
cabinet were excluded from the amendment. According to Dr B. R. Ambedkar, both
houses of parliament and state legislature should elect the president. Thus, the
presidential election was settled. The reservation of minorities and members of
the disadvantaged classes in government has always been an issue. By a vote of 8
to 7 in the subcommittees, the proposal to provide a reserve force in the
cabinet was rejected.
Separate from each other are the legislative, judicial,
and executive branches of government. However, if the executive branch wants to
do so, it can bribe Congress. Therefore, he argued that the three agencies
should remain outside the jurisdiction of the Cabinet. However, K.K. Munshi
opposed him because in India he preferred the British parliamentary system,
which had been practised for 100 years. Authority, structure, terminology, and
even the name of the legislature were hotly debated issues. MPs and non-MPs had
many names in his two houses of parliament, but Raja sabha and Lok sabha were
chosen.
Lok sabha's term was fixed at five years, Raja sabha was fixed at six
years, and a third of the House of Commons retired every two years. There are
already High Courts and Lower Courts left by the British. The Supreme Court had
to uphold the equality of all Indians and act as the protector of the
Constitution. Ultimately, the foundation for the new court was laid.
It was
concluded that the relationship and hierarchy between the judicial and
legislative are of equal importance. The President had the power to select
Supreme Court Justices and Supreme Court Justices from a list of candidates
presented by the Chief Justice of the Supreme Court. The Supreme Court conducted
a judicial review in each of these cases to handle civil, criminal, and
constitutional disputes and preserve union cohesion.
Episode 10: From the Preamble to the Draft and Beyond
The term preamble means a preliminary or opening statement, especially
associated with a law or constitution, stating its purpose. [1] "Foreword" is
the introduction to the Regulations. The Preamble of the Indian Constitution
lists the aims and objectives of the Indian people, which are reflected in the
Constitution's numerous provisions. In Berubari, the Supreme Court said that the
opening was the key to opening the minds of decision-makers and showing the
purpose for which they made certain provisions of the Constitution.
For these
reasons, the Preamble is also a legitimate aid in interpreting the provisions of
the Constitution. It represents what we have thought or dreamed of for a long
time. Story �The preamble to the Constitution of India is mainly based on the
objective resolution of the author Jawaharlal Nehru. He presented this objective
resolution on December 13, 1946, and approved by the Constituent Assembly on
January 22, 1947. Originally, the preamble was written by Sh. B. N. Rau in his
memo dated May 30, 1947, and later republished in manuscript October 7, 1947.
As
part of the Constituent Assembly's deliberations, the preamble was revised. The
prologue can also be called the soul of the Constitution as it has everything
about the Constitution. It was adopted on November 26, 1949, and it was
implemented on January 26, 1950, also known as Republic Day. When formulating
the preamble based on objective settlement, the drafting committee believes that
the preamble should only mention the basic characteristics of the state. and its
goal.
The committee refers to the words sovereign, and democratic republic as
used in the objective resolution. The word Brotherhood has also been used by the
Commission. However, the word is not part of the objective solution. The
Committee tried to retain as much as possible the spirit and language of
objective resolution in the preamble. For these reasons, the Preamble is also a
legitimate aid in interpreting the provisions of the Constitution.
It represents
what we have thought or dreamed of for a long time. Simply put, the preamble
serves as an introduction to the Constitution and briefly highlights the basic
ideas on which the Constitution is based and what its frameworks are for. sought
to achieve for Indian citizens
Purpose:
The purpose of the preamble is to:
- It is stated that the Indian people are the wellspring of the
Constitution
- The executive provisions that put the Constitution into effect are
contained in it.
- The fundamental structures of political and governmental authority must
be built, together with the rights and liberties that the Indian people
fought to ensure for all citizens.
Therefore, it says that the Constitution's source of authority is the Indian
people, who will not bow to a foreign authority. range The Preamble provides the
Constitution direction and purpose, but it does not grant it any powers. It
provides a summary of the Constitution's overall goals. The key elements of the
Constitution are contained in the Preamble. A law's prologue outlines the key
goals it is intended to accomplish.
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