the cabinet mission

8/8/2019 The Cabinet Mission

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THE CABINET MISSIONTHE CABINET MISSION

World War IIin Europe came to an end onMay 9, 1945. In July, a new government

came to power in the United Kingdom. The new British government announced its

Indian Policy and decided to convene a constitution drafting body. Three Britishcabinet ministers were sent to find a solution to the question of India's

independence. This team of ministers was called the Cabinet Mission.

The Cabinet Mission discussed the framework of the constitution and laid down in

some detail the procedure to be followed by the constitution drafting body. Elections

for the 296 seats assigned to the British Indian provinces were completed by July-

August 1946. With the independence of India onAugust 15,1947, the Constituent

Assembly became a fully sovereign body. The Assembly began work on 9

December1947.

THE CONSTITUENT ASSEMBLYTHE CONSTITUENT ASSEMBLY

The Constituent Assembly was the body that framed the constitution of India. The

people of India elected the members of the provincial assemblies, who in turn elected

the constituent assembly. Rajendra Prasad,Sardar Patel,Maulana Abul Kalam

Azad andShyama Prasad Mukherjeewere some important figures in the Assembly.

There were more than 30 members of the scheduled classes. Frank Anthony

represented the Anglo-Indian community, and theParsis were represented by H.P.

Modi. The Chairman of the Minorities Committee wasHarendra Coomar Mookerjee,a distinguished Christian who represented all Christians other than Anglo-Indians.

Constitutional experts likeAlladi Krishnaswamy Iyer, B.R. Ambedkar, B.N. Rau

and K.M. Munshi were also members of the Assembly. Sarojini

Naidu andVijaylakshmi Pandit were important women members.

Dr. Sachidanand Sinha was the first president of the Constituent Assembly. Later,

Dr.Rajendra Prasadwas elected president of the Constituent Assembly whileB.R.

Ambedkarwas appointed the Chairman of the Drafting Committee.

FEATURESFEATURES

The Constitution of India draws extensively from Western legal traditions in its

enunciation of the principles ofliberal democracy. It is distinguished from many

Western constitutions, however, in its elaboration of principles reflecting aspirations

to end the inequities of traditional social relations and enhance the social welfare of

the population. According to constitutional scholar Granville Austin, probably no
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other nation's constitution "has provided so much impetus toward changing and

rebuilding society for the common good." Since its enactment, the constitution has

fostered a steady concentration of power in the hands of the central government -

especially the Office of the Prime Minister. This centralization has occurred in the

face of the increasing assertiveness of an array of ethnic and caste groups acrossIndian society. Increasingly, the government has responded to the resulting tensions

by resorting to the formidable array of authoritarian powers provided by the

Constitution. However, a new assertiveness shown by the Supreme Court and

the Election Commissionsuggests that the remaining checks and balances among the

country's political institutions are resilient and capable of supporting Indian

democracy. Furthermore regional parties are gaining popularity at the expense of

national parties which has led to coalition governments at the centre. As a

consequence, power is becoming more decentralised.

The Constitution in its final form owes much to a number of different principles from

various other Constitutions. The general structure of the Constitution's democratic

framework was largely the work of B. N. Rau, a constitutional scholar of

international standing. Supporters of independent India's founding

father, Mohandas K. Gandhi, backed measures that would form a decentralized

polity with strong local government known aspanchayat in a system known

as Panchayati Raj, i.e. rule by Panchayats. However, the view of more modernist

leaders such as Jawaharlal Nehru, ultimately prevailed leading to the establishment

of a parliamentary system of government and afederal system with a strong central

government.

FEATURES OF THE INDIAN CONSTITUTION ADAPTED

FROM OTHER CONSTITUTIONS

BRITISH CONSTITUTIONPARLIAMENTARY FORM OF GOVERNMENT

The idea of single citizenship

The idea of theRule of law

Institution of Speakerand his role

Lawmaking procedure

Procedure established by Law u/a 13
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UNITED STATES CONSTITUTION

Charter ofFundamental Rights,

Federal structure of government

Power ofJudicial Reviewand independence of the judiciary

President as supreme commander of armed forces u/a 52

Due process of law u/a 13

IRISH CONSTITUTION

Constitutional enunciation of the directive principles of state

policy

FRENCH CONSTITUTION

Ideals ofLiberty, Equality and Fraternity

CANADIAN CONSTITUTION

A quasi-federal form of government (a federal system with a

strong central government)

The idea of Residual Powers

AUSTRALIAN CONSTITUTION

Freedom of trade and commerce within the country and

between the states

Power of the national legislature to make laws forimplementing treaties, even on matters outside normal Federal jurisdiction
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JAPANESE CONSTITUTION

Fundamental Duties u/a 51-A

WEIMAR CONSTITUTION

Emergency Provision u/a 356

CRITICISMS

The Constitution of India differs from other western constitutions, from which it has

derived inspiration, in the fact that it stipulates the supremacy of the legislature as

the supreme law making body of the land. In that respect, it renders the legislative

arm of government nominally more powerful than either the executiveortheJudiciary. It is also widely criticised that although the underlying constitution is

very sound, it has provided scope for misuse by people in power and its executive

which is evident from the prevailing corruption and red tape in the country.
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