Unit-5 Philosophy of Indian constitutional

Unit-5 Philosophy of Indian constitutional - S tructure...

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Structure Objectives Introduction The Meaning of Constitutional Government The Roots of the Constituent Assembly of India The Cabinet Mission Plan 5.4.1 A Constituent Assembly 5.4.2 The Federal Formula 5.4.3 A Three-Tier Federation 5.4.4 An Odd Procedure 5.4.5 No Way Out of a Group The "Grouping" Controversy Composition of the Proposed Constituent Assembly An Interim Government 'The Constituent Assembly and Partition Parties in the Constituent Assembly 5.9.1 Congress Dominance 5.9.2 Leadership of the Constituent Assembly 5.9.3 The Opposition in the Constituent Assembly 5.9.4 The Fence- Sitters Work of the Constituent Assembly Status of the Constituent Assembly Let Us Sum Up Some Useful Books Answers to Check Your Progress Exercises 5.0 OBJECTIVES The Unit deals with the processes, factors and people relating to the framing of our constitution. After going through this unit, you will be able to eiplain: The meaning of a constitutional government; How and why India decided to frame its Constitution; Which body of people framed this Constitution; and How the Constitution was framed. 5.1 INTRODUCTION Modern democracies are based on the theory of constitutional government. The Indian Constitution established a republican democracy. Its authority is derived from the people and it is the supreme law of the land. 5.2 THE MEANING OF CONSTITUTIONAL GOVERNMENT There are broadly two kinds of Constitution in the democratic world: a) The Constitutions that have grown gradually over decades and centuries throigh customs, conventions, legislative enactments and judicial decisions -. as in the United Kingdom and the British Dominions like Canada, Australia and New Zealand. b) The Constitutions that were framed by representative assemblie~usually after revolutions-to make a fresh start of a new regime. These representative
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Philosophy of Indian Constitution assemblies have been variously named as National Assemblies, Constitutional. Conventions and Constituent Assemblies. In both these types of constitutions, however, the Constitution means a body of fundamental laws, that cannot be easily changed and that have to be respected by all governments and all citizens. 5.3 THE ROOTS OF THE CONSTITUENT ASSEMBLY OF INDIA The idea of a Constituent Assembly to frame a Constitution for a country was alien to the British imperial practice. It was first demanded by the Indian National Congress in 1934. The Muslim League was opposed to it because it suspected that a Constituent Assembly elected by adult franchise would be dominated by the Congress whom the League considered to be a Hindu party. 5.4 THE CABINET MISSION PLAN In January 1946 there were elections to the provincial legislatures. In March, the same year, a committee of the British Cabinet, known as the Cabinet Mission, led by Sir Pethick-Lawrence, visited India to assess the Indian political situation and frame a scheme for making a constitution for India. The Cabinet Mission held a conference at Shimla to bring about an understanding among the major political parties but failed to achieve it. So the Mission issued its own plan.
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This note was uploaded on 03/13/2012 for the course IR 101 taught by Professor Harfancoofers during the Spring '12 term at Sunway University College.

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Unit-5 Philosophy of Indian constitutional - S tructure...

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