Democracy of India

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Democracy of India

Democracy of India: People of India declared themselves our Indian Nation, that is Bharat, as a Sovereign Democratic Republic on 26 January 1950. The Constituent Assembly made up of 274 elected representatives conducted extensive deliberations for 165 days while formulating the Constitution of India. Ultimately the Constituent Assembly adopted India’s Constitution on November 26, 1949 which took effect on 26th January, 1950.

It is crucial to note that until December 1929, Congress exclusively advocated for ‘Swaraj’, seeking Dominion status akin to that of Canada and Australia in the British Empire. However, with the emergence of youthful figures like Bose and Nehru, situations have changed. They have persuaded Gandhi and Patel to change the strategy of the independence movement to entirely drive the British out of India for good. Ultimately, on 19th December 1929, Congress declared Poorna Swaraj as its sole goal during its Lahore session of AICC.

Additionally, it’s important to remember that there wasn’t one Englishman in the Constituent Assembly. All representatives were elected by the Indian people. The Constituent Assembly met for the first time in New Delhi on December 9, 1946, and continued sessions until November 26, 1949, during which it thoroughly discussed each article. And finally embraced the Constitution on 26th January 1950, proclaiming India a Sovereign Democratic Republic.

Jawaharlal Nehru’s address to Constituent Assembly

Sachchidananda Sinha acted as the provisional chairman of the first meeting of the Constitutional Assembly, held on December 13, 1946. Jawaharlal Nehru expressed the Assembly’s goals at the time as: “The initial mission of this Assembly is to liberate India with a new Constitution, to nourish the hungry populace, to dress the destitute masses, and to provide each Indian the greatest chance to grow according to his abilities.” This is certainly an amazing challenge.

India, that is Bharat
Jawaharlal Nehru addressing the First sitting of the Constituent Assembly on December 13, 1946.

Nehru further said, “Take a look at India now. In many regions, we are sitting in despair, and in many cities, there is unrest. These disputes and feuds, which are referred to as communal disturbances, are prevalent in the atmosphere and, regrettably, are sometimes unavoidable. However, how to address the issue of starvation and poverty is currently India’s biggest and most pressing concern. Wherever we turn, we are confronted with this problem. If we cannot solve this problem soon, all our paper Constitutions will become useless and purposeless. Keeping this aspect in view, who could suggest to us to postpone and wait?”

Federal structure

The first draft of the Indian Constitution was composed by Sachchidananda Sinha and Jawaharlal Nehru. As an advisor to the Constituent Assembly, B N Rau also contributed a draft constitution. It is essential to remember that B N Rau had a crucial influence on the Government of India Act 1935, which dealt with the federal framework of the Indian Union.
A proposal presented by Pt. Jawaharlal Nehru, with the endorsement of the Legislative Council on December 13, 1946, specified the goals and intentions of the Indian Constitution during its drafting process. The resolution from the Karachi AICC in 1931, authored by Jawaharlal Nehru, acted as a template for this resolution.

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Karachi resolution

The primary principles of the Karachi resolution were as follows:
India ought to be recognized as an autonomous sovereign republic by Resolution.
To establish a democratic Community that ensures fair self-governance for all its constituent members.
The union government and the governments of the individual components receive all their power and authority from the people.
To guarantee and protect the security of all Indians. Moral, financial, and political fairness are all significant.

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Benegal Narsimha Rau, B N Rau

Benegal Narsimha Rau was appointed as an advisor during the Constitution’s creation, where he significantly contributed to defining the principles of the federal structure of the Indian Union. He visited several countries to study their federal systems, such as France and the United States. Following thorough discussions and debates, along with essential modifications in the Constituent Assembly, B.N. Rau’s draft, originally containing 243 articles and 13 schedules, was streamlined to 395 articles and 8 schedules.
Dr. B. R. Ambedkar, during his final comments to the Constituent Assembly on November 25, 1949, remarked, “The acknowledgment attributed to me is not truly mine, but belongs to B N Rau.” A preliminary version of the Constitution was prepared by Sri B.N. Rau, the Constitutional Advisor to the Constituent Assembly, for the Drafting Committee’s evaluation. Sri B N Rau indeed played a vital role in the development of the Government of India Act of 1935.

The Committees on Union Constitution, Union Powers, and States Committee were chaired by Jawaharlal Nehru. Sardar Patel headed the Provincial Constitution Committee.
Furthermore, Dr. Rajendra Prasad chaired the Steering Committee. Additionally, he was the Chairman of the Constituent Assembly and subsequently the First President of India.

Dr. B R Ambedkar

The drafting committee of the Constituent Assembly was led by Dr. B. R. Ambedkar. N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Mohammad Saadulla, B.L. Mitter (who was later succeeded by N. Madhava Rau), and D.P. Khaitan (who was later succeeded by T.T. Krishnamachari) are part of the committee responsible for drafting.

India, that is Bharat
Drafting committee, Benegal Narasingarao sitting extreme right, Ambedkar in the Center

Constituent Assembly

M.N. Roy initially proposed the concept of a Constituent Assembly in 1934. In 1928, Motilal Nehru presented a constitutional proposal called the Nehru Report. In reality, this Nehru report served as the foundation for the Government of India Act of 1935. Benegal Narsimha Rau played a significant role in drafting the 1935 Act, particularly regarding the Constitution’s federal structure.
Of the total 274 members in the Constituent Assembly, 210 were elected from the Provinces, while 64 were appointed by the Princely States. Each matter to be included in the Constitution was examined and deliberated upon, and subsequently voted on after the discussion by the Constituent Assembly.

From 1946 to 1950, the Assembly convened for a total of 165 days. The Assembly spent 46 days on preliminary discussions, while 101 days were allocated for the clause-by-clause examination of the draft Constitution. For 16 days, the topic of basic rights (Citizen’s Fundamental Rights) was explored.