Making of the Indian Constitution: From Colonial Legacy to Constitutional Sovereignty

Yato Dharmas Tato Jayah

The Constitution of India is the Supreme legal document of India and also the Symbol of Nation. Now, we all know that the Parts, Article and schedules of Constitution of India and the written and largest constitution along with 106 Amendments but do you know how Our Constitution framed or how it comes into mind of constitution makers, and how we borrowed some features from other country.

Before let's introduced of the Sacred Book and the history that how was it made, who made it and why. The Constitution of India drafted by the constituent assembly of India and was declared as passed on 26th, November 1949. It was enacted 26th, January, 1950. Let's described The Constitution of India.

Under the leadership of Shantiniketan's famous Painter Nandalal Bose, several artists used Indian history, mythology and legend to design and decorate this book and Prem Bihari Narain Raizada's Calligraphy adorned the text. The three years of labour and imagination needed to actually shape our constitution because that was not just the act of creating a book but it was the visualization of a new nation, a new society of such a civilization that was never seen before in this world.

In December 1946, when the constitution formally stated to take shape had actually begun much earlier. The revolutionaries of the 1857 War of Independence had attempted to write their own constitution.

Though their revolt was crushed early but the dream to make a constitution for a free nation was neither crushed, nor lost. As the freedom movement under Mahatma Gandhi gathered force, the demand for our own Constitution became more vocal. Now, under the leadership of Gandhiji, history had once again given us a chance to shape a new India.

Congress leader and exemplary lawyer, Pandit Motilal Nehru in 1928 prepared a report that comes to be known as the Nehru Report or Swaraj Samvidhan after him, when his son Jawahar become a leader of the congress the young leader clearly articulated the dream of India's Constitution.

From India's Independence, Unity, and Sovereignty to equality and fundamental rights of citizens in new India, Pandit Nehru's proposal covered many subjects. The Eight main points were covered in the resolution by him i.e. "To wherein it guaranteed and secure to all people of India Justice, Social, Economic, and political, equality of status, opportunity and before the law, freedom of thought, expression, belief, faiths, worship, vocation, association, and action."
The next day 14th December, Mr. Jinnah questioned the validity of the Constituent Assembly itself.

The Independence and Divided of Legacy:

Now, Through the Indian Partition Act, 1893, whenever there is any injury in body which causes infection and poison in a particular body part then doctors suggested to amputate that part just like that many felt that instead of allowing venom to spread the entire nation it was better to amputate the diseased limb. 03rd, June 1947 the Viceroy uttered those words that changed India's map tearing apart heads, homes, families and lives.

He stated that, "The Partition of India, Partition of Bengal, Partition of Punjab." July, 14th, in this day the Flag of India has Introduced do you know the Tricolour was designed by the Pingali Venkayya. According to Indian Independence Act, 1947 In anticipation of the moment for which Indians had long waited. for the Historical day of 15th, August, 1947. Sucheta Kriplani Sang Alama Iqbal's Saare Jahan Se Achcha" after which the heard of words of anthem which is still makes every Indian's heart touching with pride.

Do you know Mr. Mohd. Ali Jinnah was first Prime Minister of Pakistan but before he was Advocate the Adv. Jinnah was a known as Great Lawyer because he had handle case of Lokmanya Tilak's Sedition. Because in that time, grant bail to a Freedom Fighter is not an easy task but that impossible thing did possible by Adv. Mohd. Ali Jinnah. Lokmanya Tilak has a Kesari & Maratha under this Newspaper article the case of sedition took place.

Giving Shape To Constitution:

To give written shape to the Constitution. The constitutional advisor, Sir Benegal Narsingh Rau, a world-renowned constitutional scholar would collate proposals and reports presented in the house into a draft Constitution. This draft would be scrutinized by a drafting committee of 7 members.

This committee now had to deliberate on the fundamental rights of the citizens of free India. how many rights would be there be, and in what form. In the 1931 session of the congress, Pandit Jawaharlal Nehru had clearly articulated Fundamental Rights for every Indian citizen. The congress demands for every citizen the right of free expression, free association, and free assembly.

Every citizen the right to profess and practice his religion, citizens of each area and particularly minorities have the right to protect their language and culture. The demand for equality before law, in respect of religion, caste, creed or sex. No citizen in respect of religion, caste, creed or sex be debarred from public employment. The demand that no person shall be illegally arrested searched or deprived of liberty that every citizen be free to stay and settle in any part of India, to follow any trade or calling.

The Concept Right to Life and Liberty as enshrined under Art.21 of the Constitution of India is the very wide in its scope and applicability and with the advent of the modern strides in jurisprudent. The Constituent Assembly made up Fundamental Rights committee. The main aims and objectives of committee to discuss and make suggestion of rights of citizens. The fundamental rights are one of the important part of citizens.

Whereas, the Fundamental Rights borrowed from Irish and U.S.A Constitution. The discussion upon not only about the Fundamental Rights but also about Fundamental Duties Art. 51(A). The Abolish of Titles this Titles which is hereditarily gets like Rajkumar, Nawab Bahadur, Rajadhiraj, etc. the hereditary titles should have no place in new India. Now, India is free from British just like every citizen should get the Right to Freedom.

The provision for right to freedom used for criminals too as he gets legal advice at the 24 hours of detention. Thus, one by one, the rights of equality, freedom, expression, culture, education, right against exploitation, and seek constitutional remedies were all include in the list and The Fundamental Rights will not perform during emergency or any danger situation along with positive rights there also which points to curtailed. Constitutional makers scrutinized all the points whether it is Small or Big. Thereof, our Constitution made and executed.

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