Making of the Indian Constitution

Importunity raised for a Separate Constitution:-Mahatma Gandhi in 1922, lay down the desire for Swaraj and quoted that India’s political destiny should be defined by the Indians themselves, and it would be a deposition of India’s self-expression. The failure of the Statutory Commission and the Round table Conference led to the imposition of the Government of India Act,1935. The demand for a Constitution made by the people of India without any interference was first argued by the National Congress 1935.

Cripps Mission:- However, the demand was continuously countered by the British government. Henceforth World War II took place, the external conditions caused them to realize the necessity of figuring out the Indian Constitutional crisis. In 1940, the Coalition Government in England provided Indians to frame a new Constitution for autonomous India. In March 1942 Sir Stafford Cripps, a member of the Cabinet, with a draft statute on the proposals of the British Government, provided an agreement to the two prominent political parties ( i.e. Congress and the Muslim league) that:-

(1) The Constitution of India to be drafted by an elected Constituent Assembly of the natives.

(2) The Constitution should convey India a Dominion significance.

(3) There should be one Indian Union constituting all provinces and Indian states but,

(4) If any province or state refuses to endorse the Constitution would be free to maintain its Constitutional status.

But the two parties failed to approve and advised to divide India based on communal lines and to make an independent Muslim state. After the refusal of the Cripps proposal, the Quit India movement was launched by Congress.

Cabinet Delegation:- The Cabinet delegation refused the claim for a separate Constituent Assembly and a separate state for Muslims. Various attempts to calm the two parties were made comprising Simla Conference but nothing helped the Cabinet Delegation too failed in making the two parties enter to an agreement.

HMG’s statement of 3 June 1947:- The British Government sent Lord Mount batten to India as the Governor-General, in place of Lord Wavell. Lord Mount batten brought the Congress and the Muslim league into a factual agreement that the two provinces of the Punjab and Bengal would be split to form Hindu and Muslim preponderance regions within these provinces, the plan is known as ‘The Mount batten’s Plan’.

•The Indian Independence Act, 1947: On the 26th of July, 1947 the Governor-General declared the setting up of a separate Constituent Assembly for Pakistan. The Indian Independence Act of 1947, introduced in Parliament on 4th July 1947, received Royal assent on 18th July 1947 and came into force from the date. The act provided that from 15th August 1947 there would be two independent Dominions, to be known as India and Pakistan.

•Constituent Assembly of India:- As a sovereign, the Constituent Assembly for the dominion of India was first set up on 14th August 1947. The essentials of the scheme were:-

(1) The provinces were to elect 292 members while the Indian states were allocated 93 seats.

(2) The seats were distributed among the three main communities Muslims, Sikhs, and General in each province.

(3) Members of each Community in the provincial legislation assembly select their representatives by a single transferable vote.

•Drafting Committee:- The salient features of the proposed Constitution summarized by various committees of the Assembly such as the Union Constitutional committee, the Union Powers Committee, Committee on Fundamental Rights, and after the report of the Committee, the Assembly appointed a Drafting Committee on 29 August 1947. Dr. B.R. Ambedkar was the chairman of the Drafting Committee.