Sir Benegal Narsing Rau, an official who became India`s first judge at the International Court of Justice and President of the United Nations Security Council, was appointed Constitutional Adviser to the Assembly in 1946. [25] Responsible for the general structure of the constitution, Rau prepared the first draft in February 1948. [25] [26] [27] B.N. Rau`s draft consisted of 243 articles and 13 appendices, which, after discussion, debate and amendment, arrived at 395 articles and 8 lists. [28] “Mr. Speaker, sir, I am one of those in this chamber who listened very carefully to Dr. Ambedkar. I know how much work and enthusiasm he put into drafting this Constitution. At the same time, it is clear to me that the drafting committee did not give it the attention it needed to craft a constitution that is so important to us right now. The House may be aware that of the seven Members you have appointed, one has resigned from the Assembly and has been replaced. One of them died and was not replaced. One was in America and his place was not occupied and another person was involved in the affairs of state, and there was a vacuum on that scale. One or two people were far from Delhi and perhaps health reasons did not allow them to participate.

In the end, the burden of drafting this constitution fell on Dr. Ambedkar, and I have no doubt that we are grateful to him for accomplishing this task in a manner that is undoubtedly commendable. [22] [23] In 1928, the All-Party Conference convened a committee in Lucknow to prepare the Constitution of India, which became known as the Nehru Report. [15] B. R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Vallabhbhai Patel, Kanaiyalal Maneklal Munshi, Ganesh Vasudev Mavalankar, Sandipkumar Patel, Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh and Balwantrai Mehta were key figures in the assembly,[5][18] which included more than 30 representatives of the planned classes. Frank Anthony represented the Anglo-Indian community,[5] and the Parsis were represented by H. P.

Modi. [5] Harendra Coomar Mookerjee, vice-president of the Christian Assembly, was chairman of the minority committee and represented non-Anglo-Indian Christians. [5] Ari Bahadur Gurung represented the Gorkha community. [5] Judges such as Alladi Krishnaswamy Iyer, Benegal Narsing Rau, K. M. Munshi and Ganesh Mavlankar were members of the assembly. [5] The female members were Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Amrit Kaur and Vijaya Lakshmi Pandit. [5] Justice Khanna is believed to have told his sister prior to his dissent, “I have prepared my verdict which will cost me the position of Chief Justice of India.” [64] In January 1977, Justice Khanna was relieved of his duties, despite being the highest-ranking judge at the time, and the government therefore broke the convention of appointing only the longest-serving judge of India.

Justice Khanna remains a legendary figure among legal fraternities in India for this decision. As a result of the adoption of the Thirty-eighth Amendment, the Supreme Court was not allowed to preside over laws passed during the state of emergency that violate the fundamental rights set forth in article 32 (right to constitutional remedies). [79] The Forty-second Amendment expanded section 31c and added subsections 368(4) and 368(5), which provide that a law passed by Parliament cannot be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review is a fundamental feature of the Constitution and repeals Articles 368(4), 368(5) and 31C. [80] During the discussion of the revised draft Constitution, the Assembly deferred, discussed and rejected 2,473 amendments out of a total of 7,635. [18] [30] Prior to the adoption of the Constitution, the Assembly held eleven sessions in 165 days. [5] [18] On November 26, 1949, he adopted the Constitution,[5][18][14][27][31] which was signed by 284 members.

[5] [18] [14] [27] [31] The day is celebrated as National Law Day,[5][32] or Constitution Day. [5] [33] The day was chosen to spread the meaning of the constitution and to spread Ambedkar`s thoughts and ideas. [34] In Kesavananda Bharati v. In the state of Kerala, the Supreme Court has ruled that a change cannot destroy what it is supposed to change; It cannot tinker with the basic structure or framework of the Constitution, which is immutable. Such an amendment shall be declared null and void even if no part of the Constitution is protected against amendment; The fundamental structural doctrine does not protect any provision of the Constitution. According to the doctrine, the main features of the Constitution (if they are “read as a whole”) cannot be reduced or abolished. These “fundamental characteristics” are not fully defined,[60] and whether a particular provision of the Constitution is a “fundamental characteristic” is decided by the courts. [68] The Constitution was drawn from a number of sources. Taking into account the needs and conditions of India, its designers adopted features of earlier laws such as the Government of India Act of 1858, the Indian Councils Acts of 1861, 1892 and 1909, the Indian Government Acts of 1919 and 1935 and the Indian Independence Act of 1947. The latter, which led to the creation of India and Pakistan, divided the former Constituent Assembly into two parts. The amending law of 1935 is also a very important step for the constitution of two newborn countries.

Each new assembly had the sovereign power to draft and promulgate a new constitution for each state. [18] In almost all the acts of the Apostles there is a preamble, a Latin word meaning “to go forward,” which indicates the purposes and purposes for which the law was passed.