Framing of the Constitution of India

Framing of the Constitution of India is the process of drafting and subsequent adoption of the Constitution of India. It majorly deals with the discussions and meetings of the Constituent Assembly between the years 1946 and 1949. It was set up under the Cabinet Mission Plan of 1946. In the span of three years, the 11 sessions of the Constituent Assembly were held totalling 165 days.

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Further, 114 days were given to consider the draft of the constitution. It has remained an important process in comprehending the basic and foundational principles of Indian democracy. It involves a balancing of power between the rights of the individual and the authority of the government, between the powers of the central and state governments, etc.

Also, these discussions were not just limited to the assembly but the suggestions were also taken from the public itself. All these efforts were led by Dr. Bhim Rao Ambedkar reflected the quality of the constitution to adapt and change according to the need of the hour, retaining the core values of democracy. Expertise in the framing of the constitution of India helps the aspirants in interpretation and applicability to recent legal facts.

The Importance of Framing of the Constitution of India

As aspirants studying the framing of constitution becomes an important part of preparation for the competitive exams to clear the cutoff in India. Indian constitution is not merely a legal document but a foundational document for governance and legal system in India. Getting an in-depth understanding of how the Constitution was framed gives you knowledge about what was the intentions of the framers. Along with what challenges they faced and what were the foundation principles they included in our constitution as a guiding light. Here are the important of the framing of the Constitution:

1. Fundamental and Historical Knowledge: Understanding the history of the creation of the Constitution always helps the aspirants to get the social-political scenario for that particular period in history. This knowledge always helps in interpreting the constitution concerning the original intent and in the current situation.

2. Better understanding of Constitutional Law: A in-depth study of the framing of the Constitution of India helps a student to understand how a particular provision was drafted and finally adopted. This knowledge helps with the interpretation of the various provisions of the Constitution while doing a legal analysis of the Constitution. This skill is highly examined in the examination in India.

3. Better Analytical Skills: The debates and discussions of the assembly help the aspiring students to gain the ability to think critically about constitutional matters. It gives the students structure for better analysis of the legal issues. This valuable skill helps in both examinations as well as in real life scenarios in the professions.

Framing of the Constitution of India Syllabus

The syllabus of the framing of the constitution of India is a most important part of the law students preparation in India. As it offers an in-depth understanding of the history, politics involved and legal process that helped in shaping our constitution. It includes the working of the constituent assembly, and key discussions which finally resulted in the creation of the Indian legal system through the constitution. By excelling in the syllabus an aspirant can have a deep understanding of the constitution and its origin which is important for the interpretation required in the exams. Here is the syllabus for the framing of the Constitution of India:

1. Government of India Act 1935

2. Regulating Act 1773, Pitt’s India Act 1784

3. Government of India Act 1858

4. Charter Act of 1813, 1833, 1853

Brief Description of Chapters in Framing of the Constitution of India

1. Government of India Act 1935:

The Government of India 1935 was legislation that played an important role in the framing of the constitution of India. It is one of the longest and is considered to be the one of the most detailed legislation that was passed by the British Parliament. The legislation influenced the design of the Indian constitution by laying the groundwork for federal government, province autonomy, and the creation of a federal court. It brought about the most significant reforms, such as the division of Burma from India, the establishment of provincial bicameral legislatures, and the expansion of communal electorates. Furthermore, it has served as a structural design for the constitution by introducing federalism. Later, it led to acceptance of a refined constitution by the Constituent Assembly which suits India's socio-political situation. Knowing this act is important for law aspirants which gives the historical, legal and political fundamental foundations which have given shape to the Indian constitution structure.

2. Regulating Act 1773, Pitt’s India Act 1784:

The Regulating Act of 1773 and Pitt’s India Act of 1784 were an important statutory declaration that laid the foundation for the British government in India. It has influenced the administration and legal framework which has eventually significantly contributed to the framing of the constitution of India. The Regulating Act of 1773 is considered as the first attempt by the British Parliament to regulate the affairs of the East India Company. It has established a Governor-General in Bengal starting a system for checks and balances.

Further, Pitt’s India Act of 1784 has helped in refining this governance structure through introducing a dual system of control, in which the British government and East India company share the same power. This system established a board of control for checks and balances over the Company’s functioning. These acts have been seen as the starting point for a structured governance in India. That has evolved in a more comprehensive manner that helped in developing the Indian Constitution. Understanding this legislation becomes important to appreciate the historical administration reforms that have given shape to India and its law.

3. Government of India Act 1858:

The Government of India Act 1858 is considered a turning point in India's colonial period. It has helped in transferring the governance in India from East India Company to the British Crown. It was done after the revolt of 1857. It efficiently ended the Company rule and established a centralized British government. It has a Secretary of State for India and the Viceroy as the main authority. It laid down the structured and bureaucratic administrative system to make the concept of direct British governance effective. Further, giving the state for more legislative developments gives a shape to the Indian Constitution. For aspirants preparing this becomes important to the shift in the power structure and governance structure.

4. Charter Act of 1813, 1833, 1853:

The Charter Acts of 1813, 1833, and 1853 were the most crucial points in shaping British governance and its legislative control over India. It has crucially impacted the growth of the Indian Constitutional Structure. The Charter Act of 1813 helped in ending the East India Company’s sole monopoly for trade in India. On the other hand, giving affirmation to the British government’s sovereign right over the Indian territories. The Charter of 1833 has been a significant constitutional milestone by making the administration centralized by creating a single rule of the Governor General of India. Further, introduced the Law Commission and focused on the role of the British Parliament in Indian administration. The Charter of 1853 subsequently introduced the concept of competitive exams like Indian Civil Services. Making allowing Indians for the first time to enter the civil service through merits. Hence, these acts combined laid down the foundational work for a centralized governance system in India. Helping to shape the framework of the Indian constitution. Getting in-depth knowledge of the acts becomes crucial for the law aspirants to gain information on the evolution of British administration and its influence on the Indian constitution.