THEME TWELVE: Framing the Constitution
A Tumultuous Time
Background: The period before the Constitution was created was chaotic. India gained independence on August 15, 1947, but also suffered from the Partition, which caused massive violence and migration. There were strikes and protests by workers and peasants during the late 1940s, showing unrest across the country.
"The years immediately preceding the making of the Constitution had been exceptionally tumultuous: a time of great hope, but also of abject disappointment."
1.1 The Making of the Constituent Assembly
Election of Members: The Constituent Assembly, which framed the Constitution, was not elected by universal franchise. Members were chosen through provincial elections in 1945-46, with the Congress party dominating the Assembly. The Muslim League, however, boycotted the Assembly, pressing for the creation of Pakistan.
"The Constituent Assembly that came into being was dominated by one party: the Congress."
1.2 Dominant Voices
Key Members: Six important figures played a major role in framing the Constitution. Jawaharlal Nehru, Vallabhbhai Patel, and Rajendra Prasad represented the Congress. B.R. Ambedkar, despite being a political opponent of the Congress, served as Chairman of the Drafting Committee. K.M. Munshi and Alladi Krishnaswamy Aiyar were also crucial in drafting the Constitution.
"Ambedkar himself had the responsibility of guiding the Draft Constitution through the Assembly."
The Vision of the Constitution
Objectives Resolution: On December 13, 1946, Jawaharlal Nehru presented the "Objectives Resolution" in the Assembly, which laid out the ideals of the Indian Constitution. It proclaimed India as a sovereign republic that would guarantee justice, equality, and freedom for all citizens, while also ensuring safeguards for minorities and backward communities.
"It proclaimed India to be an ‘Independent Sovereign Republic’, guaranteed its citizens justice, equality and freedom."
2.1 The Will of the People
Debate on British Influence: Some members, like Somnath Lahiri, argued that the Assembly was still under British control. They emphasized the need to break away from British influence completely, even though India was technically free.
"A Communist member, Somnath Lahiri saw the dark hand of British imperialism hanging over the deliberations of the Constituent Assembly."
Defining Rights
Minority Rights: One of the key debates was around the rights of minorities. B. Pocker Bahadur from Madras argued in favor of separate electorates for Muslims, but many others, including Sardar Vallabhbhai Patel, opposed this idea. Patel argued that separate electorates had caused division and bloodshed, leading to Partition.
"Partition had made nationalists fervently opposed to the idea of separate electorates."
3.1 Real Minorities
Economic Minorities: N.G. Ranga, a peasant leader, argued that the real minorities were the poor and downtrodden, not just religious groups. He emphasized that the Constitution should provide protection and opportunities for these economically disadvantaged groups.
"The real minorities for Ranga were the poor and the downtrodden."
3.2 Tribals and Depressed Castes
Jaipal Singh’s Plea: Jaipal Singh, a representative of tribal groups, called for special protections for tribals who had been marginalized and exploited for centuries. He did not want separate electorates but asked for reservations in legislatures to give tribals a voice.
"He made a moving plea for breaking the emotional and physical distance that separated the tribals from the rest of society."Depressed Castes: Members like J. Nagappa and Ambedkar highlighted the need for strong protections for the Depressed Castes (now known as Dalits). The Constitution abolished untouchability and reserved seats in legislatures and government jobs for Dalits.
"The Constituent Assembly finally recommended that untouchability be abolished."
The Powers of the State
Strong Central Government: One of the major debates was about the division of power between the central government and the states. Jawaharlal Nehru and others argued for a strong central government to ensure unity and prevent chaos, especially in the aftermath of Partition.
"Now that partition is a settled fact, it would be injurious to the interests of the country to provide for a weak central authority."
4.1 Concerns about Centralization
States' Rights: Some members, like K. Santhanam from Madras, argued that too much power was being given to the central government, which could weaken the states. He believed that states needed more financial and administrative autonomy.
"Santhanam predicted a dark future if the proposed distribution of powers was adopted without further scrutiny."
The Language of the Nation
Hindi vs. Regional Languages: The issue of what should be the national language sparked intense debates. R.V. Dhulekar argued aggressively for Hindi, while members from non-Hindi speaking regions, like G. Durgabai from Madras, expressed concerns that Hindi would dominate and undermine regional languages.
"The opponents feel perhaps justly that this propaganda for Hindi cuts at the very root of the provincial languages."
5.1 The Compromise
Official Language: A compromise was reached where Hindi in the Devanagari script would be the official language of India, but English would continue to be used for official purposes for 15 years. Each state was also allowed to use its regional language for internal administration.
"Hindi in the Devanagari script would be the official language, but the transition to Hindi would be gradual."
Conclusion: A Constitution for All
Consensus and Compromise: The Constitution of India was the result of intense debates, compromises, and a vision to create a democratic, secular, and inclusive nation. It gave voting rights to all adults and emphasized justice, equality, and freedom for all citizens.
"The Constitution of India thus emerged through a process of intense debate and discussion."