The resolution regarding aims and objects which was moved by Pandit Jawaharlal Nehru in the Constituent Assembly on 13th December, 1946 contains eight paragraphs. They are :
i. “The Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution;
ii. WHEREIN the territories that now comprise British India, the territories that now form the Indian States, and such other parts of India as are outside British India and the States as well as such other territories as are willing to be constituted into the Independent Sovereign India, shall be a Union of them all; and
iii. WHEREIN the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous Units, together with residuary powers, and exercise all powers and functions of government and administration, save and except such powers and functions as are vested in or assigned to the Union, or as are inherent or implied in the Union or resulting there from; and
iv. WHEREIN all power and authority of the Sovereign Independent India, its constituent parts and organs of government, are derived from the people; and
v. WHEREIN shall be guaranteed and secured to all the people of India justice social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and
vi. WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and
vii. WHEREBY shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea, and air according to Justice and the law of civilized nations; and
viii. This ancient land attains its rightful and honoured place in world and makes its full willing contribution to the promotion of world peace and the welfare of mankind”.
Although in the beginning, the thinking of the Founding Fathers was to confer wide powers of autonomy on the States, the partition of the country compelled them to opt for a strong centre. It needs no reiteration that the Government of India Act, 1935 provided the foundation for the present Constitution. Persons of great eminence were associated in the making of the Constitution.
The Drafting Committee consisted of experts and was headed by Dr.B.R.Ambedkar. Shri B.N.Rao was the Constitutional Advisor. Among the members o fthe Drafting Committee were Shri Alladi Krishnaswamy Iyer, Shri K.M.Munshi and Six others. Our Constitution adopted the cabinet system of government prevailing in the United Kingdom, the theory of separation of powers and power of judicial review from the United States Constitution.
The Irish Constitution provided the inspiration for the Founding Fathers to incorporate Directive Principles in Part IV. The expression “weaker sections” was also borrowed from the Irish Constitution. The provisions concerning freedom of trade and commerce are borrowed from the Australia Constitution.
Posts
When we borrowed so many things from so many constitutions why are they brow beating that everything is from themselves in today's Parliament discussion on 125th birth anniversary of B R Ambedkar.
ReplyDelete