CLAT Sample Paper UG-CLAT Mock Test-8 (2020)

  • question_answer
    As far back as 1895 there existed a demand for framing a Constitution for India. This is evident from the Constitution of India Bill, 1895 which was inspired by Lokmanya Bal Gangadhar Tilak. It was also called the Swaraj Bill. It was a non-official attempt at drafting the Constitution for India. It was only after coming into force of the Government of India Act of 1935 that the idea that there should be an independent Constituent Assembly to frame the Constitution of India gained momentum. The Congress Resolution on the Government of India Act, 1935 in April 1936 declared that no Constitution imposed by outside authority and no Constitution which curtails the sovereignty of India can be accepted, and hence a Constituent Assembly elected on adult franchise or a franchise which approximates to it as nearly as possible must be set up. In the National Convention of Congress Legislators, Pandit Jawaharlal Nehru declared that the 1935 Constitution must go, “"lock, stock and barrel, and leave the field clear for our Constituent Assembly”". This sentiment was echoed by the Provincial Assemblies of Bihar, Bombay, Central Provinces, Orissa, North West Frontier Provinces and Madras. Gandhiji also held the opinion that a Constituent Assembly could become a vehicle to resolve the communal problems. His vision was to have a Constituent Assembly that would reflect fairly and truly the best mind of India. "The “August Offer"” in 1940 by the Viceroy Lord Linlithgow, and the "“Cripps Offer"” in March 1942 by Sir Stafford Cripps were not accepted. After the failure of the Wavell Plan and the Shimla Conference, in July 1945, the Labour Government came to power in England In September 1945, the Viceroy affirmed His Majesty’s intention to convene a constitution-making body for India "“as soon as possible"”. In December 1945 the Secretary of State for India, Pethick Lawrence announced the speedy implementation of the new government’s policy.
    Cabinet Mission, 1946 In the year 1946, Pethick Lawrence, Sir Stafford Cripps and A.V. Alexander, the Cabinet Ministers arrived in India on a special mission.
    They set out three tasks for their mission in India. The first task was to undertake preparatory discussions with elected representatives of British India in order to determine the method of framing a Constitution for India. The second task was to set up a constitution-making body. And the third task was to bring into being an Executive. Council having the support of the main Indian parties. The Cabinet Ministers and the representatives of the Congress and the Muslim League met in Shimla between April and May 1946. This meeting resulted in arriving at a Cabinet Mission Plan. The plan recommended a three-tier basis for the new Constitution. It also recommended the framing of the new Constitution by a constitution-making body in which the Provinces were to be represented on population basis. It also emphasised on the immediate need of an interim government. Initially the plan was found to be unsatisfactory by both the Congress and the Muslim League; however, the proposal was later accepted by all parties. On the basis of the plan, elections for the constitution-making body took place in July 1946.
    Which was the first attempt to frame a constitution for India?

    A) Swaraj Bill

    B) Shimla conference

    C) 1935 Constitution

    D) The constituent assembly

    Correct Answer: A

    Solution :

    (a) As far back as 1895 there existed a demand for framing a Constitution for India. This is evident from the Constitution of India Bill, 1895 which was inspired by Lokmanya Bal Gangadhar Tilak. It was also called the Swaraj Bill. It was a non-official attempt at drafting the Constitution for India.


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