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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