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in The Constituent Assembly: Formation, Objectives and Functional System by (55.8k points)
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For which subjects and issues during making of the constitution, was the theory of Adjustment adopted?

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Meaning of adjustment: 

Adjustment means co – ordination of two or more than two contradictory issues or ideas or concepts. Several issues appeared were moved before the Constituent Assembly for which the Principle of Adjustment was adopted to resolve amiably. 

Some of such subjects are given below:

1. Subjects related to Federal and Unitary System: 

For the establishment of federal and unitary system together, in matters of governance in Indian constitution, the theory of adjustment was adopted to co – ordinate the contradictory systems. As a result, we see that the form of the Indian constitution is federal, whereas the spirit of the constitution is unitary.

2. Question Related to Accepting Membership of Commonwealth: 

This issue of the membership of commonwealth was also resolved with the help of the Theory of Adjustment by the experts of the Constituent Assembly. In the year of 1946, Constituent Assembly had decided that India would be an independent nation. The Republic means where there will be an elected head of the Nation and who uses his rights and powers through his cabinet of ministers headed by the Prime Minister.

It was decided by the Constituent Assembly that India would be a member of an Organization named Commonwealth whose chairperson was the British crown. India became the first nation of the world who joined two rival systems monarchy and the republic and established the theory of Adjustment through co-ordination.

3. Subject related to Panchayat System: 

There were two opposite groups on the question of Panchayat system, and also there were different opinions. One of the groups was supporting it while other opposed it. The second group wanted a direct parliamentary system. The Constituent Assembly again adopted the Theory of Adjustment and marked a full stop on this dispute. Panchayat system was applied at different levels.

The Principle of Centralization was adopted in matters of Central Government and State Governments where the direct election system was applied. Below the level of state government, the Theory of Decentralization was accepted and the execution was laid under the rights and powers of provincial legislature and section 40, as included in the Directive Principles of State Policy, under which, the Panchayat Raj system was applied.

4. Provisions related to Fundamental Rights:

There were different concepts on the subject related to Fundamental Rights before the Constituent Assembly. The solution of these differences on Fundamental rights was found out with the help of the Adjustment Theory. According to Sardar Vallabh Bhai Patel, there were two opinions about the freedom of fundamental rights. One of the groups wanted maximum rights while the other group wanted limited fundamental rights. There was a long and deep discussion between the two groups. At last this issue too was solved through the theory of adjustment.

5. Subject related to election of the President:

 There was a serious dispute over election of the President in the Constituent Assembly. There were two different lines of thought about this subject in the assembly. Some of the members wanted that the President of India should be elected by Direct Adult franchise, while some other members were of the opinion to elect the Indian President by electoral college formed by the two houses of parliament. At last the theory of adjustment was adopted for the solution of the problem. According to this theory of Adjustment, the elected members of parliament and the provincial legislatures were included in the Electoral College.

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