Constitution Why & How IV (1)

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CONSTITUTION :

WHY & HOW


MAKING OF INDIAN CONSTITUTION
GOVERNMENT OF INDIA ACT 1935
 There was a growing demand for constitutional
reforms in India by Indian leaders.
▪ India’s support to Britain in the First World War
also aided in British acknowledgement of the
need for the inclusion of more Indians in the
administration of their own country.
▪ The Act was based on:
– Simon Commission Report
– The recommendations of the Round Table
Conferences
– The White Paper published by the British
government in 1933 (based on the Third Round
Table Conference)
 THE ACT FOCUSED ON:
a. Creation of All India Federation including British Provinces and Princely States.
b. Provincial Autonomy

PROVINCIAL LEGISLATIVE ASSEMBLY ELECTIONS OF 1937


(CONGRESS MINISTRIES)

▪ Provincial elections were held in British India in the winter of 1936-37 as mandated by
the Government of India Act 1935. Elections were held in eleven provinces - Madras,
Central Provinces, Bihar, Orissa, United Provinces, Bombay Presidency, Assam, NWFP,
Bengal, Punjab and Sindh.
▪ The final results of the elections were declared in February 1937. The
Indian National Congress emerged in power in eight of the provinces - the exceptions
being Punjab and Sindh. The All-India Muslim League failed to form the government in
any province.
▪ The Congress ministries resigned in October and November 1939, in protest against
Viceroy Lord Linlithgow's action of declaring India to be a belligerent in the
Second World War without consulting the Indian people.
AUGUST OFFER 1940
▪ The Viceroy Linlithgow made a set of proposals
called the ‘August offer’. For the first time, the right
of Indians to frame their own constitution was
acknowledged.

A representative Indian body would be framed after
the war to frame a constitution for India. Dominion
status was the objective for India.
▪ The INC rejected this offer at its meeting at Wardha
in August 1940. It demanded complete freedom from
colonial rule. Jawaharlal Nehru remarked that the
dominion status concept was as dead as a doornail.
CRIPPS MISSION 1942
▪ Setting up of an Indian dominion. This dominion would have
the freedom to remain with the British Commonwealth or to
secede from it. It would also be at liberty to take part in
international organisations.

▪ A Constituent Assembly would be formed to frame a new


constitution for the country. This Assembly would
have members elected by the provincial assemblies and
also nominated by the princes.

▪ Any province unwilling to join the Indian dominion could form a


separate union and have a separate constitution.

▪ The transfer of power and the rights of minorities would be


safeguarded by negotiations between the Constituent Assembly
and the British government.

▪ In the meantime, until this new constitution came into


force, India’s defence would be controlled by the
British and the powers of the Governor-General would remain
unaltered.
CABINET MISSION PLAN 1946
THE CONSTITUENT ASSEMBLY WAS COMPOSED ROUGHLY ALONG THE LINES
SUGGESTED BY BRITISH CABINET POPULARLY KNOWN AS CABINET MISSION.
ACCORDING TO THE MISSION’S SUGGESTIONS:
▪ EACH PROVINCE AND PRINCELY STATE OR GROUP OF STATES WERE ALLOTTED SEATS IN
PROPORTION TO THEIR RESPECTIVE POPULATION ROUGHLY IN THE RATIO OF 1: 1000000.
AS RESULT THE PROVINCES WERE TO ELECT 292 MEMBERS WHILE PRINCELY STATES WERE
ALLOTTED A MINIMUM OF 93 SEATS.
▪ THE SEATS IN EACH PROVINCE WERE DISTRIBUTED AMONG THREE MAIN COMMUNITIES,
MUSLIMS, SIKHS AND GENERAL IS RESPECT TO THEIR POPULATION.
▪ MEMBERS OF EACH COMMUNITY IN PROVINCIAL LEGISLATIVE ASSEMBLY ELECTED THEIR
OWN REPRESENTATIVES BY THE METHOD OF PROPORTIONAL REPRESENTATION WITH
SINGLE TRANSFERABLE VOTE.
▪ THE METHOD OF SELECTION IN CASE OF REPRESENTATIVES OF PRINCELY STATES WAS TO
BE DETERMINED BY CONSULTATION.

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