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Polity & Governance
Komal gupta

13/12/21 11:20 AM IST

The evolution and framing of the Constitution

In News

Government of India had organized the grand event in the Central Hall of Parliament to commemorate the Constitution day, which was adopted 72 years ago in that hall.

Framing of Constitution

  • The Indian National Congress, under the leadership of Pandit Jawaharlal Nehru, had demanded, in 1935, a Constituent Assembly to frame a Constitution for free India, and Nehru wanted the election to be held to the Assembly on the basis of adult franchise.
  • After almost three years of hard work, the Constitution was completed in November 1949 and was adopted by the Constituent Assembly on November 26.
  • Although the Constitution was adopted and signed by the President of the Constituent Assembly, Dr. Rajendra Prasad, on that day, it was brought into effect only on January 26, 1950.

Objective Resolution

  • L. Nehru conceptualised the Objectives Resolution which formed the Preamble of the Constitution.
  • The ideas of liberty, equality and fraternity and freedom of speech, freedom of conscience, justice-social economic and politics permeated the Indian Constitution under the influence of Nehru.

Drafting Committee

  • Ambedkar became the Chairman of the drafting Committee perhaps incidentally. He admits in one of his famous speeches in the Constituent Assembly that he had come there to plead for the depressed classes, but the Assembly made him the Chairman.
  • He radically deferred with Gandhi on many crucial issues and had serious differences with the Congress.
  • He ridiculed civil disobedience, non-cooperation and Satyagraha and said “these methods are nothing but the grammar of anarchy and the sooner they are abandoned, the better for us”.

Judicial Accountability

  • In a parliamentary system with the Cabinet form of government, the Executive is accountable to the Legislature, because the Legislature consists of representatives of the people. Therefore, if the Legislature withdraws support to the government, it does not survive.
  • They are accountable to the people who elect them. They have to go back to them every five years.
  • The framers of the Constitution made accountability an integral element with respect to the Legislature and Executive. However, they consciously decided to keep the Judiciary on [a] different pedestal.”
  • The mandate given to the Judiciary is to do justice to the people, and, therefore, the Constitution made it an independent institution answerable neither to the Executive nor to the Legislature in respect of its functions.
  • Article 142 brings in the concept of complete justice.

Way Forward

  • Accountability of the Judiciary in the political sense is a disaster. “We, the People of India” made it independent so that it does complete justice to us. The Chief Justice of India knew what he was saying.

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