Which of the following provisions of the Constitution did not come into force on November 26, 1949? (A) Provisions relating to citizenship (B) Provisions relating to elections (C) Fundamental Rights (D) None of the above

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Points to Remember:

  • The Indian Constitution came into effect on January 26, 1950.
  • Certain provisions of the Constitution came into force earlier, on November 26, 1949.
  • We need to identify which provisions did not come into force on November 26, 1949.

Introduction:

The Indian Constitution, the longest written constitution in the world, was adopted by the Constituent Assembly on November 26, 1949. However, the entire Constitution did not come into force on that date. Several provisions were brought into effect on this date to facilitate the establishment of the new republic, while others were deferred for later implementation. This question requires us to identify which of the listed provisions were not enacted on November 26, 1949. The approach required is factual, relying on knowledge of the historical implementation of the Indian Constitution.

Body:

Provisions that came into force on November 26, 1949:

The Constitution (Commencement) Order, 1949, specified the provisions that would come into force on November 26, 1949. These included provisions related to the establishment of the Union and its legislative, executive, and judicial organs. Importantly, certain articles related to citizenship (Part II) were also brought into effect on this date. This allowed for the initial establishment of Indian citizenship. Furthermore, some provisions related to elections were enacted to pave the way for the first general elections. However, the complete electoral system was not fully operational until later.

Provisions that did not come into force on November 26, 1949:

While some aspects of Fundamental Rights (Part III) were brought into effect on November 26, 1949, the complete enforcement of all Fundamental Rights was deferred until the Constitution came fully into force on January 26, 1950. This was a deliberate decision to allow for the establishment of the necessary administrative and judicial structures required to effectively implement and protect these rights. The full implementation of Fundamental Rights required the establishment of courts and the development of legal frameworks to address their enforcement.

Analysis:

(A) Provisions relating to citizenship: Partially came into force on November 26, 1949.
(B) Provisions relating to elections: Partially came into force on November 26, 1949.
(C) Fundamental Rights: Did not come fully into force on November 26, 1949.
(D) None of the above: Incorrect, as (C) is correct.

Conclusion:

In summary, while some provisions relating to citizenship and elections came into effect on November 26, 1949, the complete set of Fundamental Rights did not. The phased implementation of the Constitution was a strategic decision to ensure a smooth transition to the new republic. The delay in the full implementation of Fundamental Rights allowed for the necessary infrastructure and legal frameworks to be established, ensuring their effective protection. This approach reflects a commitment to a just and equitable society, upholding the constitutional values of liberty, equality, and fraternity. The phased implementation highlights the careful and considered approach taken by the Constituent Assembly in establishing the foundation of a democratic India. The correct answer is therefore (C).

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