THE CABINET MISSION

World War II in Europe came to an end on May 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 British
cabinet 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 on August 15, 1947, the Constituent
Assembly became a fully sovereign body. The Assembly began work on 9
December 1947.

THE 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 and Shyama Prasad Mukherjee were 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 like Alladi 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 Prasad was elected president of the Constituent Assembly while B.R.
Ambedkar was appointed the Chairman of the Drafting Committee.

FEATURES
The Constitution of India draws extensively from Western legal traditions in its
enunciation of the principles of liberal 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
 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 across
Indian 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 Commission suggests 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 as panchayat — 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 a federal system with a strong central
government.

FEATURES OF THE INDIAN CONSTITUTION ADAPTED

FROM OTHER CONSTITUTIONS
BRITISH CONSTITUTION
PARLIAMENTARY FORM OF GOVERNMENT
The idea of single citizenship

The idea of the Rule of law

Institution of Speaker and his role

Lawmaking procedure

Procedure established by Law u/a 13

UNITED STATES CONSTITUTION

Charter of Fundamental Rights,

Federal structure of government

Power of Judicial Review and 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 of Liberty, 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 for

implementing treaties, even on matters outside normal Federal jurisdiction
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 executive or
the Judiciary. 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.