The adoption of the Constitution of India was a pivotal moment in the history of the country, marking the end of British rule and the birth of an independent democratic nation. However, this momentous event was the culmination of various political movements, legislative actions, and constitutional reforms that unfolded over several decades. Let’s analyze the key events leading up to the adoption of the Constitution of India.
The Quit India Movement of 1942 was launched by Mahatma Gandhi and the Indian National Congress, demanding an immediate end to British colonial rule in India. It was a mass civil disobedience movement that sought to force the British government to leave India. While the movement was one of the most significant episodes in India’s struggle for independence, it did not directly lead to the drafting of the Constitution. The movement intensified the struggle for independence and set the stage for India’s future political developments, but it did not have an immediate effect on constitutional reforms.
The Government of India Act, 1935 was a British legislative effort to provide a limited form of self-government to India. It was the longest and most detailed Act passed by the British Parliament and provided for a federal system, provincial autonomy, and the establishment of a federal court. While it was an important step toward self-rule, the Act fell short of granting full independence and establishing a constitutional framework for an independent India. Many provisions of the Government of India Act were eventually incorporated into the Indian Constitution, but the Act itself did not directly lead to its adoption. It was more of an interim measure before India gained full independence.
The Indian Independence Act of 1947 was the most direct and significant event that led to the adoption of the Constitution of India. This Act, passed by the British Parliament, granted India independence by dividing the country into two dominions—India and Pakistan. It provided for the establishment of a Constituent Assembly, a body tasked with drafting the Constitution for the new nation of India. The Act allowed the Constituent Assembly to frame a Constitution for India, which was to come into effect on the date of independence. The provisions of this Act created the legal and constitutional framework necessary for India to have its own constitution, and thus, it is the event that directly led to the formation and adoption of the Indian Constitution.
The Simon Commission was established by the British government in 1927 to review the progress of constitutional reforms in India. It became infamous because it did not include any Indian members, leading to widespread protests and the boycott of the Commission by Indian leaders. While the Simon Commission Report called for constitutional reforms, it did not directly lead to the creation of the Indian Constitution. The protests against the Simon Commission highlighted the desire for more Indian representation in the process of constitutional change, and the subsequent discussions laid the foundation for the Round Table Conferences and the eventual Government of India Act, 1935. However, the Simon Commission itself was not a direct precursor to the drafting of India’s Constitution.
Therefore, the Indian Independence Act of 1947 is the correct answer, as it laid the legal groundwork for the creation of the Constituent Assembly and the drafting of the Indian Constitution, making it the most direct event leading to the Constitution's adoption.
Criminology is the scientific and jurisprudential study of crime, criminal behaviour, and the penal response of the state. It operates at the intersection of law, sociology, psychology, and public policy. Its foundational principle is nullum crimen sine lege, nulla poena sine lege, stressing that there is no crime nor punishment without a pre-existing law. Traditional criminology was shaped by the Classical School, emphasizing free will and rationality. Influenced by Bentham’s utilitarianism, it viewed punishment as a deterrent mechanism, echoing audi alteram partem in demanding procedural fairness. In contrast, the Positivist School, focused on biological, psychological, and sociological causes of criminality, thereby shifting from retributive justice to rehabilitative models.
Modern criminology encompasses diverse domains like victimology, penology, white-collar crime, cybercrime, and transnational offences. The traditional ele ments of crime, mens rea and actus reus remain crucial. However, strict liability offences and corporate crimes often challenge this binary. With the advent of globalization, criminology now interfaces with international criminal law, human rights jurisprudence, and restorative justice. It aims to reintegrate the offender and provide restitution to victims. Furthermore, critical criminology interrogates how law disproportionately penalizes marginalized groups, reflecting concerns of penal populism, mass incarceration, and criminalization of poverty. This evolving discipline critiques not just criminal behaviour but the social construction of de viance itself.
Under the Transfer of Property Act, 1882 a mortgage is a transfer of an interest in specific immovable property for securing the payment of a debt. Section 58 of the Act enumerates six distinct types of mortgages, each characterized by unique rights and obligations of the mortgagor and mortgagee. These categories reflect the balance of right of alienation and right to hold the property, contingent upon the nature of the transfer. In a simple mortgage, the mortgagor binds himself personally to repay the debt and agrees, expressly or impliedly, that in the event of default, the mortgagee shall have the right to cause the mortgaged property to be sold. There is no transfer of possession.
A mortgage by conditional sale involves an ostensible sale with a condition that upon default of payment, the sale becomes absolute. Courts scrutinize such arrangements to prevent clogs on the equity of redemption. A usufructuary mortgage grants the mortgagee possession and the right to receive rents and profits in lieu of interest or principal, aligning with the maxim, nemo dat quod non habet. It is essential to note that an earlier mortgage takes precedence based on the legal maxim, qui prior est tempore potior est jure. An English mortgage entails personal liability of the mortgagor and an absolute transfer of the property to the mortgagee with a covenant to retransfer upon payment. Other forms include mortgage by deposit of title deeds or equitable mortgage, and anomalous mortgages, which do not fit into the above classifications. These variations reveal the nuanced jurisprudence of secured transactions, balancing contractual freedom with equitable oversight.