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162 viewsAll GS PapersGS Paper 2
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Approach:

  1. Introduction
  2. Discuss the values gained during national movement.
  3. Discuss the features taken from world experiences/constitutions.
  4. Conclusion

The Constitution was made by the Constituent Assembly which had been elected for undivided India. It held its first sitting on 9 December 1946 and the constitution of India came into effect on January 26, 1950.

Experiences gained from freedom struggle:

  • Provisions borrowed from Government of India Act 1935:-The majority of the today’s constitution has been drawn from this. The federal structure of government, provincial autonomy, a bicameral central legislature and the separation of legislative powers between the centre and states are some of the provisions of the Act which are present in the Constitution of India.
  • In 1928, Motilal Nehru drafted a constitution for India with the following features – universal adult franchise, right to freedom and equality and to protecting the rights of minorities. In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on Fundamental Rights and Economic Policy. The principles of the nationalist movement were also included in the Objectives Resolution (1946).
  • The present Constitution embodies all these ideals and principles.

Global outlook from other Constitutions:

  • From Russia Revolution, 1917 -the Ideals of Justice In Social, Education, Economic And Political.
  • From French Revolution 1789-1799: Ideal of Liberty, Equality and fraternity. The idea of republic was also influenced by it.
  • British Constitution: Parliamentary form of government, the Rule of law, Lawmaking procedure, Procedure established by Law.
  • United States Constitution: Preamble, Fundamental Rights, Federal structure of government, Electoral College, Independence of the judiciary, Judicial review, Equal Protection under law.
  • Irish Constitution: Directive principles of state policy.
  • Australian Constitution: Freedom of trade and commerce within the country and between the states, Concurrent List.
  • Emergency Provision Under article 356 Weimar Constitution(Germany).
  • Canadian Constitution: A quasi-federal form of government, Residual powers retained by the central government.

The makers of the Constitution presented to the nation a document that enshrined fundamental values and highest aspirations shared by the people. This is one of the reasons why this most intricately crafted document has not only survived but become a living reality.