Study Notes On Sources Of Indian Constitution

SOURCES OF INDIAN CONSTITUTION

1. Seminal Sources:

• Constituent Assembly Debates
• Reports of Committees of the Constituent Assembly
• Nehru Report
• Lahore Session of the Indian National Congress
• Objectives Resolution
• Government of India Act, 1935
• Impact of various Constitutions

2. Developmental Sources:

• Amendments of the Constitution
• Judicial Decisions
• Parliamentary Statutes
• Commentaries of Constitutional Experts
• Rules, Regulations, Ordinances, etc.
• Constitutional Practices

MEMBERS OF THE DRAFTING COMMITTEE

1. Dr. B.R.Ambedkar (Chairman)

2. N. Gopalaswamy Ayyanagar

3. Alladi Krishnaswamy Ayyar

4. K.M. Munshi

5. Mohd. Saadullah,

6. B.L. Mitter (later replaced by N. Madhava Rao)

7. Dr. D.P.Khaitan (replaced on death by T.T.Krishnamachari)

HOW THE CONSTITUENT ASSEMBLY OF INDIA WAS CONSTITUTED?

The Constituent Assembly of India was elected through indirect election by the members of the Provincial Legislative Assembly (Lower House only), according to the scheme recommended by the Cabinet Delegation.

The essentials of this scheme were as follows:

(i) The Provinces elected 292 members; while the Indian States were allotted a maximum of 93 seats.

(ii) The seats in each province were distributed among the three main committees Muslim, Sikh, and General, in proportion to their respective population.

(iii) Members of each community in the Provincial Legislative Assembly elected their own representatives by the method of proportional representation with single transferable vote.

(iv) The method of selection in the case of representatives of Indian States was to be determined by nomination