The idea to have constitution was given by a political philosopher M.N. Roy. The constitution of the republic of India is a product of research and deliberation of a body of eminent representatives of the people who sought to improve upon the existing system of administration. Practically the constitution of 1949 differs from the constitutional documents of the preceding for two centuries. The people themselves made the republican constitution through representatives assembled in sovereign constituent assembly.
The Constituent Assembly-
The constituent assembly adopted our national flag
on 22 July , 1947.
1. The
constituent assembly consisted of 385 members of which 292 were elected by the
elected members of the provincial legislative assemblies while 93 members were
nominated by princely states. These were to be added a representative each from
the four chief commissioners Provinces of Delhi, Ajmer- Marwar, Coorg and
British Baluchistan.
2. Each Province and Indian State were allotted
a total number of seats proportional to their respective population roughly in
the ratio of one million.
3. B.N
Rao
was appointed as constitutional Advisor.
4. The
first meeting of constituent assembly took place on 9 December, 1946 .
5. The
assembly had 13 committees for framing the constitution.
6. Drafting
Committee: It was responsible for drafting the constitutional
documents from July 1947 to September 1948, and it (Drafting Committee )was
formed on August 29, 1947.
7. The
members of the Drafting Committee were :-
Dr. B. R Ambedkar
N. Gopalaswami Ayyangar
Alladi Krishna Swamy Ayyar (A distinguished
Jurist)
K.M Munshi
Sayyed Mohd. Saadulla
N. Madhav Rao (In Place of B L Mitra)
D. P. Khaitan
The
Constituation of India:- It was finally
passed and unofficially accepted on November 26, 1949. The last session of
constitiuent assembly was held on 24, January and Dr. Rajendra Prasad was
elected as the president of India.
Although constitution of India was ready on Nov. 26,
1949 but it was delayed till January 26, 1950 because on this day in 1929 the
Indian National Congress demanded ‘Poorna Swaraj’ in Lahore session under J.L Nehru.
The constituent assembly took 2 years- 11 months and
18 days to complete the constitution. Originally or constitution had 395
articles and 8 Schedules (Currently 12 Schedules).The Federal Structure of the Indian Constitution : The system of governance if federal. The constitution enables the federation to transform itself into a unitary state. Such a combination of federal and unitary system is unique in the world.
Article (1) of our constitution says,-“India, that
is Bharat, shall be a Union of States.” That means-
-
The Indian federation is not the result
of an agreement by Units.
-
The component units have no freedom to
secede from it.
Working of federal system in India
(Issue and Challenges): Some scholars in India have urged that the unitary bias of Indian constitution has been accentuated. In its actual working the two factors-
1. the overwhelming financial power of the
union and the utter dependence of the
states upon the union grants for discharging their functions
2. The
comprehensive sweep of the Union Planning Commission, set up under the
concurrent power of planning
The criticism may be justified in point of degree
but not in principle for two reasons,-
a. Both
of the above controls are aimed at securing a uniform development of the
country as a whole. It is true that
bigger states are not allowed to appropriate their resources and system of
assignment and distribution of tax resources
by the union. It means that the dependence of bigger states upon the
union to the larger extent.
b. Such
practices have strengthened the national government to a degree which is truly
remarkable. In fact, the traditional theory of mutual independence of the two
governments (States and Union) has given a way to “Co-operative federalism”
The federal
system in Indian constitution normally divide the powers under which the states
enjoy autonomy within their own sphere, with the power to raise revenue. The
need of national integrity and a strong union government is very necessary.
Issues and Challenges and Survival of
federation in India:-
The strong central bias has however been a boon to keep India together
against separatist forces of communalism, linguism and scramble of power.
The states are not really functioning as agents of
union government or under the direction, for then events like those in Assam
(Over language problem) or territorial dispute between Karnataka and
Maharashtra could have not taken place at all.
The government of the parties in the states differs
from that of the centre. So the decisions get affected for example- The reference of Kerala
Education Bill by the president for the advisory opinion of the supreme court
instead of of his assent to the bill in the usual course, has been criticized
in Kerala as an undue reference with the constitutional rights of the states.
Later, the opinion delivered by the court was legalistic free from all
political consideration. States demands greater financial powers. As the case for greater autonomy for states in all respect was first launched by Tamil Nadu in October, 1983. It was joined by stated ruled by non- congress parties forming an opposition conclave though all parties were not prepare to go to the same extent.
- Seeker's Notes
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