Making Of Constitution: Objective Resolution and Changes by the Independence Act

Objective Resolution

  • Launch: On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly
  • Features
    • Declaration of Sovereignty: India to be proclaimed an Independent Sovereign Republic governed by a Constitution.
    • Union of Territories: Territories of British India, Indian States, and other willing areas to form a Union of India.
    • Autonomous Units: Territories to retain autonomous status, except for powers assigned to the Union by the Constitution.
    • Power Derived from the People: All authority of the government to emanate from the people of India.
    • Guarantees to Citizens:
      • Justice: Social, economic, and political.
      • Equality: Of status, opportunity, and before the law.
      • Freedom: Of thought, expression, belief, faith, worship, vocation, association, and action within the limits of law and public morality.
    • Safeguards for Marginalized Groups: Adequate protections for minorities, backward and tribal areas, and depressed and backward classes.
    • Territorial Integrity and Sovereign Rights: Integrity of India’s territory and its sovereign rights on land, sea, and air to be upheld.
    • Global Role: India to strive for world peace and contribute to the welfare of humanity.

Changes by the Independence Act

  • Inclusion of Princely State Representatives: Representatives of princely states began joining the Assembly from April 28, 1947, with most participating after the Mountbatten Plan for partition was accepted on June 3, 1947.
  • Indian Independence Act, 1947 – Sovereign Powers: The Assembly became a fully sovereign body capable of framing any Constitution and altering or abolishing laws made by the British Parliament.
  • Dual Functions of the Assembly:
    • Constitution-making: Chaired by Dr. Rajendra Prasad.
    • Legislation: Functioned as India’s first Parliament (Dominion Legislature), chaired by G.V. Mavlankar.
      • These functions continued until November 26, 1949, when the Constitution was finalized.
  • Impact of Partition: Muslim League members from regions that became Pakistan withdrew from the Assembly.
  • Assembly’s total membership reduced from 389 to 299:
    • British provinces: Reduced from 296 to 229.
    • Princely states: Reduced from 93 to 70.

 

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