Question
State whether the following inferences about the making of the Indian Constitution are correct or incorrect. Give reasons to support your answer.
(a) The Constituent Assembly did not represent the Indian people since it was not elected by all citizens.
(b) Constitution making did not involve any major decision since there was a general consensus among the leaders at that time about its basic framework.
(c) There was a little originality in the constitution, for much of it was borrowed from other constitutions of various countries of the world.
Solution
(a) Although the members of theAssembly were not elected by universal suffrage, there was a serious attempt to make the Assembly a representative body. The members of all religions and social and economic groups were given representation. The Assembly had twenty six members from what were then known as the Scheduled Castes. In terms of political parties, the Congress dominated the Assembly occupying as many as eighty two percent of the seats in the Assembly after the partition. The Congress itself was Such a diverse party that it managed to accommodate almost all shades of opinions within it. So it is incorrect to say that the Constituent Assembly did not represent the Indian people.
(b) It is correct to say that constitution making did not involve any major decision since there was a general consensus among the leaders at that time about its basic framework.Constituent Assembly of India could not have functioned if there was no background consensuson the main principles. The best summary of the principles that the nationalist movement broughtto the Constituent Assembly was the objective resolution moved by Nehru in 1946. Our Constitution is not merely a maze of rules and procedures, but a moral commitment to establish a government that will fulfil the promises that the nationalist movement held before the people.
(c) It is incorrect to say that there was little originality in the constitution though the framers of the constitution were not averse to borrowing from other constitutional traditions. They borrowed a number of provisions from constitutions of different countries. But borrowing these ideas was not slavish imitation. Far fromit, each provision of the constitution was well deliberated upon by the members of the Constituent Assembly. Any idea or feature borrowed, was critically examined about its suitability to the conditions prevailing in India. While drawing upon the ideas from throughoutt he world, their efficacy in attending to the problems and aspirations of Indian people was well considered.
(b) It is correct to say that constitution making did not involve any major decision since there was a general consensus among the leaders at that time about its basic framework.Constituent Assembly of India could not have functioned if there was no background consensuson the main principles. The best summary of the principles that the nationalist movement broughtto the Constituent Assembly was the objective resolution moved by Nehru in 1946. Our Constitution is not merely a maze of rules and procedures, but a moral commitment to establish a government that will fulfil the promises that the nationalist movement held before the people.
(c) It is incorrect to say that there was little originality in the constitution though the framers of the constitution were not averse to borrowing from other constitutional traditions. They borrowed a number of provisions from constitutions of different countries. But borrowing these ideas was not slavish imitation. Far fromit, each provision of the constitution was well deliberated upon by the members of the Constituent Assembly. Any idea or feature borrowed, was critically examined about its suitability to the conditions prevailing in India. While drawing upon the ideas from throughoutt he world, their efficacy in attending to the problems and aspirations of Indian people was well considered.