Resolution moved by Jawaharlal Nehru<\/h2>\n\n\n\n
On Friday, 13th<\/sup> December, 1946, all again gathered in the Constitution Hall, at 11:00 am. Dr. Rajendra Prasad asked Jawaharlal Nehru to move the resolution, which he was meant to present on the previous day. I will discuss the significance of this resolution<\/a>. Also I will mention the quotes of the members during the debate in italics at the end of this part or next part of the series. Before quoting and discussing the speeches related to this resolution, I am writing here the plain analysis of that resolution, which was a kind of pledge to proclaim India as Independent Sovereign Republic nation State.<\/p>\n\n\n\n According to Para (1), the Constituent Assembly resolved to proclaim India as an Independent Sovereign Republic and to draw up the Constitution for her Governance. It must be noted that in whole CAD, India was treated as feminine person by using pronouns \u201cher\u201d, instead of \u201cits\u201d. Addressing the mother land as divine person is an age old practice of Sanatan Dharma, Hindu Dharma<\/a>. This kind of motherly affection towards the nation can\u2019t be seen in any other religions.<\/p>\n\n\n\n The Para (2) of the resolution describes the territory of India. It included the British India, Indian States, other such parts of India which were outside the British India, States and other territories <\/a>which were willing to be constituted into the Independent Sovereign India, should be a Union of them all. This was the basic idea behind the \u201cUnion of India\u201d. The phrase “Union of India” is used by some politicians to create confusion among the people of India. The separatist mentality is now part of present Congress, which once tried to unite India under one flag and one identity.<\/p>\n\n\n\n As per Para (3), all the territories and units mentioned in Para (2), should possess and retain the status of autonomous units, together with residuary powers and exercise all powers and functions of government and administration. Certain powers and functions should be assigned to the Union. The boundaries of these units, present at that time were considered, with a flexibility empowering constituent assembly to determine such boundaries according to the Law of the Constitution. This was fundamental of the federal structure of our nation and it also had the power to reorganize the State territories.<\/p>\n\n\n\n Para (4) said that the power and authority of the Sovereign Independent India, its constituent parts and organs of the government were to be derived from the people. This paragraph was the base of the democracy of India. Para (5) talks about various rights and liberties of the people of India. As per Para (5) of the said resolution, Constituent Assembly resolved to guarantee and secure the justice to all people of India. Secure their social, economic and political rights<\/a>. Resolved to give equality of status, of opportunity and before the law. Resolved to give and secure the freedom of thought, expression, belief, faith, worship, vocation, association and action. All these rights, freedoms and guarantees given to the people of India should be subject to law and public morality.<\/p>\n\n\n\n The wordings of the para (5) were similar to those of Preamble of the Constitution of India. All these principles revolving around the human rights were also enshrined under the Part III of the present Constitution. What they have resolved for people of India was written in Constitution as law and as code book of rights, people do not read about their rights hence they get harassed by others. To know your rights you must start reading articles on my site, where this series is published.<\/p>\n\n\n\n Para (6) of the resolution was written with abundant precautions. Assembly resolved to provide adequate safeguards for minorities, backward and tribal areas, depressed and other backward classes. Although all these terms were adopted in this resolution and in our constitution, specifying certain groups of Indian population<\/a>, but these terms are not reasonably defined on the basis of facts associated with them. The definitions of these terms are very vague in present statute books and hence there is abuse of the provisions in this way or that way. Why the definitions based on the facts are not available?<\/p>\n\n\n\n Para (7) resolved to maintain the integrity of the Republic of India and its sovereign rights on land, sea and air according to justice and law of the civilized nations. The term \u201ccivilized nations\u201d was used, but it is hard to define this term? Para (8) resolved to attain the rightful and honoured place of this nation in the world and to promote and contribute in the world peace and welfare of mankind.<\/p>\n\n\n\n <\/p>\n\n\n\n Note: This article is completely based on Constituent Assembly Debates and only for knowledge purpose.<\/p>\n\n\n\n Read Previous Parts<\/p>\n\n\n\n Procedure Prescribing Election of Permanent Chairman of Constituent Assembly<\/a><\/p>\n\n\n\n CAD: Committee on Rules of Procedure<\/a><\/p>\n\n\n\n CAD: Election of the Permanent Chairman<\/a><\/p>\n\n\n\n Bookmark this site for more such informative articles related to law and legal history. Share it on your social circles and don’t forget to comment your opinion to shape the ongoing law making process.<\/p>\n\n\n\n <\/p>\n<\/div>\n\n\n\n Read your own Dhrama Granthas<\/mark>.<\/mark> <\/p>\n\n\nAnalysis of Resolution<\/h3>\n\n\n\n
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