National Indian Constitution Awarenes Campaign : - Criticizm No.3 : THE CONSTITUTION DID TAKE A LONG TIME TO FRAME.! My Reply : I would like the criticizers to refer the constitutional history wherein they can find the actual time taken for writing the Indian constitution. The constituent Assemble came into being in November, 1946. Its members were elected in July, 1946. Out of 296 seats of British India, the Congress captured 211 seats and the Muslim League 73 seats. The rest were not filled up. The constituent Assemble met for the first time in New Delhi on December 9, 1946. The Muslim League refused to participate in its deliberations. In spite of this, the Assembly made a substantial progress. The objective resolution was passed on January 22, 1947, which later became the Preamble of the Constitution. As a result of Partition under the PLAN OF JUNE 3, 1947, a separate Constitution Assembly was set up for Pakistan on July 16, 1947. The representatives of Bengal, Punjab, Sind, North Western Frontier Province, Baluchistan and the Sylhet district of Assam (which had joined Pakistan by a referendum) ceased to be members of the Assembly of India (which was constituted in 1946) and there was a fresh election in the new Provinces of West Bengal and East Punjab. In the result, when the Constituent Assemble reassembled on the 31st October, 1947(after Independence) the membership of the House was reduced to 299. The Constituent Assemble appointed a Drafting Committee on 29th August, 1947 under the Chairmanship of Dr.B.R.Ambedkar. When the drafting committee began its work the problem of federation with the Native States had ceased to exist, as the Native States which acceded to India merged in India ( after the few suggestion given by Dr.B.R.Ambedakar to Vallab Bhai Patel). Now the point to be noted is the critics must observe the time which was wasted during the above said period. Even though we could see that our constitution came in force only in 2 Years 11 months and 18 days. It is totally illogical on part of the writer to say that the constitution has taken long time in to frame. The “Draft Constitution” prepared by the Drafting Committee under the Chairmanship of Dr.B.R.Ambedkar was published in January, 1948. The people of India were given 8 months to discuss the draft and propose amendments. As many as 7,635 amendments were proposed and 2,473 were actually discussed. These all amendments were checked and studied by Dr.B.R.Ambedkar alone during the making and this has been accepted by the whole constituent assembly. If we compare the duration of writing the other world constitutions and the Indian constitution (having 395 Articles, 8 Schedules and several parts) it is difficult task to complete writing such a vast constitution in the given spare of time i.e 2 years 11 months and 18 days.( I would suggest you to refer the other world constitution and the actual time in writing them). But unfortunately rather praising for the less time taken by Dr.B.R.Ambedkar in writing constitution we feel honored to criticize him for delaying in framing up constitution. Lets have a look on world constituion and time taken to write them : American Constitution: The US Constitution is the set of laws that govern the United States of America. The US Constitution was written during the Constitutional Convention, which was when all the members of the Constitutional Congress came together to write supreme laws that the government still relies on. The constitutional Convention met for 116 days from May, 1787 to September 1787. The members of Congress worked on it the entire time, so it took 116 days to write the US Constitution. Since the Constitution came into force in 1789, it has been amended twenty-seven times. Canadian Constitution : the countrys constitution is an amalgamation of codified acts and uncodified traditions and conventions. It is one of the oldest working constitutions in the world, with a basis in the Magna Carta. The composition of the Constitution of Canada is defined in subsection 52(2) of the Constitution Act, 1982 as consisting of the Canada Act 1982 (including the Constitution Act, 1982), all acts and orders referred to in the schedule (including the Constitution Act, 1867, formerly The British North America Act, 1867), and any amendments to these documents. Australian Constitution : - The Constitution of Australia It consists of several documents. The most important is the Constitution of the Commonwealth of Australia, which is referred to as the Constitution in the remainder of this article. The Constitution was approved in a series of referendums held over 1898–1900 by the people of the Australian colonies, and the approved draft was enacted as a section of theCommonwealth of Australia Constitution Act 1900. The Commonwealth of Australia Constitution Act 1900 (Imp) became law on 9 July 1900, and entered into force on 1 January 1901 with VIII Chapters and 128 Sections. New Zealand Constitution : - The Officials Committee on Constitutional Reform reported back to Parliament during February 1986.[3] The Committee recommended that New Zealand adopt an Act to restate various constitutional provisions in a single enactment that would replace the New Zealand Constitution Act 1852, thus patriating the Constitution Act to New Zealand. A Bill was introduced into Parliament during mid-1986, and was passed unanimously with the support of both the Labour and National parties on 13 December 1986. The act came into force on 1 January 1987. Amendments were passed during 1987 and 1999. The Act consists of IV Parts with 21 Sections. There is no entrenched law that forms the New Zealand constitution. TheConstitution Act 1986 and a collection of statutes (Acts of Parliament), the Treaty of Waitangi, Orders in Council, letters patent, decisions of the Courts and unwritten constitutional conventions, comprises only a portion of the uncodified constitution of New Zealand. It is a clear sign of degrading the great constitution and Dr.B.R.Ambedkar alleging that he had taken a long time to write the constitution. And even if we say that it has taken a long time to prepare the constitution then the blame should be taken by the then national leader who always obstructed Dr.B.R.Ambedkar in drafting the constitution.
Posted on: Thu, 25 Sep 2014 04:40:48 +0000
Trending Topics
Recently Viewed Topics
© 2015