Subject: Modern History

Answer:

The drafting of the Indian Constitution between 1946-49 was a monumental task accomplished in a relatively short period of just 2 years, 11 months, and 17 days. The Constituent Assembly, led by Dr. B.R. Ambedkar, greatly benefited from the experience and framework provided by the Government of India Act 1935, which served as a vital blueprint.

Key Features Borrowed from GOI Act 1935

• Federal Structure: The basic framework of center-state relations, division of powers through Union, State and Concurrent lists was adopted from the 1935 Act.

• Administrative Framework: The civil services structure, including All India Services and provincial services, was retained with modifications to suit independent India's needs.

• Emergency Provisions: The concept of federal control during emergencies was incorporated from the 1935 Act, though with significant amendments.

• Judicial System: The Federal Court system established under the 1935 Act became the foundation for India's Supreme Court and High Courts.

Role in Expediting Constitution Making

• Ready Template: The 1935 Act provided a tested administrative framework, saving considerable time in basic structure deliberations.

• Practical Experience: Indian leaders had gained firsthand experience of provincial autonomy under the 1935 Act during 1937-39, helping identify necessary modifications.

• Legal Expertise: The legal terminology and administrative procedures from the 1935 Act helped in drafting precise constitutional provisions.

Modifications and Improvements

• Fundamental Rights: Unlike the 1935 Act, the Constitution included a comprehensive chapter on fundamental rights inspired by the Universal Declaration of Human Rights.

• Democratic Framework: The Constitution established universal adult franchise, replacing the limited franchise system of the 1935 Act.

• Strong Center: While retaining the federal structure, the Constitution strengthened the central government's powers, learning from the partition experience.

The successful drafting of the Indian Constitution in a relatively short period demonstrates the wisdom of the founding fathers in utilizing the Government of India Act 1935 as a foundation while making necessary modifications. This approach helped create a unique document that blended colonial administrative experience with modern democratic principles, establishing India as a Sovereign, Socialist, Secular, Democratic Republic. The Constitution remains a living document, adapting to changing times while maintaining its basic structure.