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Inheritance of the Nationalist Movement

Best summary of the Principles, Main points of the Objective Resolution, Institutional arrangements, Provisions adapted from Constitutions of Different Countries, etc.

  • The Constituent of India is the product of the Constituent Assembly. It has inherited a strong ideological base and principles from the nationalist movement
  • The Constitution developed a more pronounced shape and formed based on the promises, rules, and procedures that the nationalist movement made to the people. Background consensus, including the Nationalist movement, has played a significant role in forming the Indian Constitution. Various values, ideas, principles such as government, racism, etc., have been inherited from the National movement into our Constitution
  • In simpler words, the long struggle for freedom that our country fought during the national movement has incorporated a concrete shape and final form in our Constitution

The best summary of the principles:

  • Objective Resolution according to this resolution, the Constitution gave freedom to these key commitments: equality, liberty, democracy, sovereignty, etc
  • Our Constitution is an ethical commitment to building up an administration that will satisfy the guarantees that the nationalist development held before the people

Main points of the Objective Resolution:

  • India is an independent, sovereign republic
  • British Indian domains, Indian States, and different parts outside British India and the Indian States will establish the Indian Union
  • Domains shaping the Union will be independent units and exercise all powers and elements of the Government and organization, aside from those relegated to or vested in the Union
  • All powers and authority of sovereign and autonomous India and its constitution will move from the people
  • Every citizen of India shall be guaranteed and secured socio-economic and political justice, freedom of equality, freedom of speech and expression, belief, faith, worship, vocation, association, and action – subject to the law and public morality
  • Adequate safeguard of the rights of the minority communities, backward and tribal classes is provided
  • Maintaining the Republic’s territorial integrity and its sovereign rights on land, sea, and air under the justice and law of civilized nations
  • The promotion of world peace and the welfare of mankind is the common motive of all

Institutional arrangements

  • Basic principle: Government must be democratic and committed to the welfare of the people
  • The Constitution’s effectiveness depends upon a balanced arrangement of government institutions, and the Constituent Assembly plays an essential role in balancing the arrangement of the institutions
  • Learn from experiments and experiences of other countries: The Constitution makers borrowed several provisions from different countries
  • Not imitation: The provisions of the Constitution are not imitated from other nations, but they had to be defended because they are formulated to overcome the Indian problems and aspirations

Balanced Institution Design and Formation of Indian Constitution

A constitution is primarily concerned with incorporating values into institutional systems. It’s a lengthy and detailed document. As a result, it must be modified regularly to remain current. As a result, the authors of the Indian constitution included provisions for future modifications. These modifications are known as constitutional amendments. The institutional structures are described in legal terms in the Constitution. The Indian Constitution, like any other constitution, establishes a mechanism for selecting individuals to lead the country. It establishes who will have how much authority to make which decisions. It also limits what the government can do by granting citizens certain rights that cannot be violated.

Composition of Constituent Assembly

The Constituent Assembly of India was constituted by the Cabinet Mission Plan of 1946. Members of the Constituent Assembly came from all communities and divisions of the Indian community. It was composed of 385 members, 292 of whom were elected by regional Legislative Assemblies and 93 of whom were nominated by the Princely States. Each of the four chief commissioners’ provinces had one delegate: Delhi, Ajmer-Marwar, Coorg, and British Baluchistan. Members of each community were to vote for their representatives in the provincial legislative assembly using the proportional representation method and a single transferable vote.

Provisions adopted from Constitutions of Different Countries:

India in the making of its constitution has adopted several provisions from different constitutions. These are some of the provisions which are beneficial for the Indian citizens and provide a good base in the making of the Indian constitutions. Some of the provisions adopted from different constitutions are – 

British Constitution

  • The British Constitution conveyed the idea of a Parliamentary form of Government.
  • The rule of law
  • Institution of the speaker and his/her role
  • Lawmaking procedures

Irish Constitution

  • Directive Principles of State policy

United States Constitution

  • Charter of Fundamental Rights
  • Power of Judicial Review
  • Independence of the Judiciary 

Canadian Constitution

  • Quasi-federal form of government (Federal system with a strong central government)
  • The Idea of residual powers

French Constitution

  • Principles of Liberty, Equality and Fraternity

Conclusion

The Indian Nationalist movement had an important role in building the nation. It aided in helping the members of the constituent assembly draft the main principles for the Indian constitution. It was created through observation and the adoption of different constitutions. Furthermore, the adoption of objective resolution has helped in drafting the Indian constitution.