Q11. Discuss the changes in the trends of labour migration within and outside India in the last four decades.

Model Answer:

Introduction

The Constituent Assembly of India, tasked with framing the Constitution for a newly independent nation, completed its work in under three years, from 1946 to 1949. This monumental task was made possible by various factors, including the experiences gained from previous legal frameworks, particularly the Government of India Act, 1935. The 1935 Act served as a significant reference point, providing a structure that guided the assembly in drafting the new Constitution.

Body

Government of India Act, 1935 as a Blueprint:

• The 1935 Act introduced federalism, provincial autonomy, and the establishment of a central legislature. Many provisions of this Act, especially its federal structure and division of powers, were adapted and expanded upon in the Indian Constitution.
• The Act laid the foundation for a strong central government, which was further reinforced by the Constituent Assembly to meet the needs of a diverse, newly independent nation.

Experience with Legislative Institutions:

• The 1935 Act had already established a bicameral legislature and provincial assemblies, giving Indian leaders experience in legislative functioning, parliamentary procedures, and governance.
• Leaders like Jawaharlal Nehru, Sardar Patel, and B.R. Ambedkar, who played a key role in drafting the Constitution, had prior exposure to the workings of legislative bodies under the 1935 Act, facilitating smoother debates and decisions.

Autonomy and Division of Powers:

• The Act’s provisions on provincial autonomy were refined in the Constitution, ensuring greater clarity in the division of powers between the Centre and states. The schedules and lists in the 1935 Act became the basis for the Union, State, and Concurrent Lists in the Constitution.

Safeguards and Rights:

• The 1935 Act included various safeguards for minorities and disadvantaged groups. While the Act fell short of securing fundamental rights, the experience allowed the Constituent Assembly to draft a robust Bill of Rights in the Indian Constitution, addressing shortcomings and securing individual liberties.

Conclusion

‍The Government of India Act, 1935, acted as a vital reference and learning tool for the Constituent Assembly, which built upon its provisions while addressing its limitations. This previous experience facilitated the drafting of India’s Constitution in a relatively short time, ensuring that the new document was both comprehensive and suited to the unique challenges of governing a diverse and independent India.

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