A Study on drafting of Fundamental Rights wit...

A Study on drafting of Fundamental Rights with focus on Article 16 of the Indian Constitution, 1949

Author Name : Dr. K. Sudarshan Reddy

DOI: https://doi.org/10.56025/IJARESM.2022.101222306

ABSTRACT

Fundamental Rights Sub-Committee chaired by Sri J.B. Kripalani drafted fundamental rights and these were debated in the Constituent Assembly and some amendments were made.  Clause 5 of Rights of Equality regarding the equality in Public Employment subsequently evolved into Article 16 of Constitution of India, 1949. Sri B.N. Rau, Constitutional Advisor of Constituent Assembly prepared original draft of Constitution of India containing 243 Articles and 13 Schedules and presented the fundamental rights with some changes in Chapter-III of his draft from Article 11 to 30 based on the report of Fundamental Rights Sub-Committee.  Clause 5 of Rights of Equality was presented in Article 12 of the original draft.  Later, a 7-Member Committee chaired by Dr. B R. Ambedkar revised the original draft of Sri B.N. Rau and the revised draft containing 315 Articles and 8 Schedules was submitted to the Constituent Assembly. Fundamental Rights of the original draft of Sri B.N. Rau were carried into revised draft with some changes vide Articles 9 to 27 under Chapter-III. Fundamental Rights were debated in the Constituent Assembly in Nov-Dec, 1948 and certain changes were made by way of Amendments.   Article 12 of original draft regarding equality of opportunity in public employment was presented in Article 10 of the revised draft of Drafting Committee.  This Article 10 was debated in the Constituent Assembly on 30^th November, 1948. Amendments to Article 10 were moved by the Members of the Constituent Assembly and some were adopted.  This Article 10 of revised draft was re-numbered as Article 16 in the final Constitution of India, 1949. 

Keywords: Constituent Assembly, Fundamental Rights Sub-Committee, Original Draft, Revised Draft, Amendments, Articles & Schedules