Chapter Notes

Framing the Constitution The Beginning of a New Era

The Indian Constitution, which became effective on 26 January 1950, is the longest in the world. Its length is a result of the massive size and diversity of India. When India became independent, it was not only large and diverse but also deeply divided. The framers of the Constitution had the difficult task of creating a document that would unite the country, heal past and present wounds, and build democratic institutions in a society traditionally based on hierarchy.

The Constitution was framed between December 1946 and November 1949 by the Constituent Assembly of India. This assembly held eleven sessions over 165 days, where drafts were discussed clause by clause.

A Tumultuous Time

The making of the Constitution happened during a period of great turmoil. While there was hope for a free future, there was also deep disappointment.

• Independence and Partition: On 15 August 1947, India gained freedom but was also divided. This led to widespread violence and one of the largest mass migrations in history. Millions of Muslims moved to Pakistan, while Hindus and Sikhs moved to India, with many perishing along the way.
• Legacy of Popular Movements: The memory of recent struggles was still fresh. These included the Quit India struggle of 1942, Subhas Chandra Bose's efforts to win freedom with foreign aid, and the 1946 rising of the Royal Indian Navy ratings. These movements often showed remarkable Hindu-Muslim unity.
• Political Divisions: In contrast to the unity seen in popular movements, the two main political parties, the Congress and the Muslim League, could not agree on a plan for religious harmony. The Great Calcutta Killings of August 1946 started a year of continuous rioting.
• The Princely States: Another major challenge was the integration of the princely states. Under British rule, these territories were ruled by nawabs and maharajas. With the British leaving, their future was uncertain, and some rulers dreamed of establishing their own independent kingdoms.

The debates in the Constituent Assembly were heavily influenced by this chaotic and violent background.

The making of the Constituent Assembly

The members of the Constituent Assembly were not elected through universal adult franchise (where every adult gets to vote). Instead, they were chosen by the Provincial Legislatures following the provincial elections of 1945-46.

• Dominance of the Congress: The Congress party won most of the general seats and dominated the Assembly, with 82 per cent of the members also being members of the Congress.
• Boycott by the Muslim League: The Muslim League, which had won most of the reserved Muslim seats, chose to boycott the Assembly. They continued to press their demand for a separate nation, Pakistan.
• A Party of Many Voices: The Congress was not a monolithic party. Its members held diverse views. Some were socialists, while others defended landlordism. Some were secular, while others had communal leanings. This diversity ensured that critical issues were intensely debated within the Assembly.
• Influence of Public Opinion: The discussions in the Assembly were not held in isolation. The arguments were reported in newspapers, and public debate shaped the opinions of the members. The public was also invited to send in their views on issues like the protection of linguistic and religious minorities and the abolition of caste oppression.

The dominant voices

Out of 300 members in the Assembly, six played especially important roles.

• The Congress Trio:
  • Jawaharlal Nehru: He moved the crucial "Objectives Resolution" and the resolution for the Indian National Flag.
  • Vallabhbhai Patel: He worked mostly behind the scenes, playing a key role in drafting reports and reconciling opposing viewpoints.
  • Rajendra Prasad: As the President of the Assembly, he guided the discussions and ensured that all members had a chance to speak.
• Key Legal Experts:
  • B.R. Ambedkar: He was the Chairman of the Drafting Committee. Though a political opponent of the Congress, he was asked to serve as Law Minister on Mahatma Gandhi's advice. He was responsible for guiding the Draft Constitution through the Assembly.
  • K.M. Munshi and Alladi Krishnaswamy Aiyar: Two lawyers who provided crucial legal inputs to the drafting process.
• Vital Assistance from Civil Servants:
  • B. N. Rau: As the Constitutional Advisor, he prepared background papers by studying the political systems of other countries.
  • S. N. Mukherjee: As the Chief Draughtsman, he had the ability to put complex proposals into clear legal language.

The Vision of the Constitution

On 13 December 1946, Jawaharlal Nehru introduced the "Objectives Resolution" in the Constituent Assembly. This resolution outlined the guiding principles and philosophy of the Constitution.

• Core Ideals: It proclaimed India as an "Independent Sovereign Republic".
• Guarantees to Citizens: It guaranteed justice, equality, and freedom for all citizens.
• Safeguards for Minorities: It assured that "adequate safeguards shall be provided for minorities, backward and tribal areas, and Depressed and Other Backward Classes."

In his speech, Nehru connected India's constitution-making to historical struggles for liberty like the American and French Revolutions. However, he stressed that India should not simply copy from others. The system of government had to "fit in with the temper of our people and be acceptable to them." The goal was to blend liberal ideas of democracy with the socialist idea of economic justice, all adapted to the Indian context.

The will of the people

Not everyone saw the Constituent Assembly as a truly sovereign body.

• A British Creation?: Somnath Lahiri, a Communist member, argued that the Assembly was a creation of the British and was working according to their plans. He pointed out that the British still held final power and the Assembly was working "under the shadow of British guns."
• Strength from the People: Nehru responded by acknowledging the British role in the Assembly's birth but emphasized that its real strength came from the Indian people. He stated, "Governments are, in fact the expression of the will of the people."
• A Legacy of Struggle: The ideals of democracy, equality, and justice were not new. They had been central to India's social reform movements and the long struggle for independence against an oppressive colonial government.

Defining Rights

One of the most intense debates in the Assembly was about the rights of citizens, especially minorities and oppressed groups. Different groups had different demands, and a consensus had to be forged through discussion and reconciliation.

The problem with separate electorates

B. Pocker Bahadur from Madras made a strong case for continuing the system of separate electorates, where Muslims would vote for Muslim candidates in separate constituencies. He argued this was the only way to ensure minorities had a meaningful voice in politics.

This demand was met with strong opposition from most nationalists.

• A British Ploy to Divide: Nationalists like R.V. Dhulekar and Sardar Patel saw separate electorates as a "poison" introduced by the British to divide Indians. They argued that it had turned communities against each other and led to the tragic Partition of the country.
• Suicidal for Minorities: Govind Ballabh Pant argued that separate electorates would be "suicidal to the minorities." He believed it would permanently isolate them, make them vulnerable, and prevent them from ever becoming an integral part of the nation.
• The Need for a Unified Nation: The core argument against separate electorates was the need to build a strong, unified nation-state. Nationalists feared that separate electorates would lead to divided loyalties. They believed that individuals should act as citizens of a single state, not as members of separate political communities.

By 1949, most Muslim members of the Assembly, including Begum Aizaas Rasul, agreed that separate electorates were against the interests of minorities and that they should participate in the democratic process as equal citizens.

"We will need much more than this Resolution"

Some members argued that simply granting legal rights was not enough for the truly oppressed.

• The Economic Minorities: N.G. Ranga, a socialist leader of the peasant movement, argued that the "real minorities" were the poor and the downtrodden masses. For them, fundamental rights were meaningless without the economic and social conditions to exercise them. He said, "They need props. They need a ladder."
• The Plight of Tribals: Jaipal Singh, a representative of the tribals (Adibasis), spoke eloquently about the 6,000 years of exploitation and neglect his people had faced. They had been dispossessed of their land and forests. He was not asking for separate electorates but for the reservation of seats in the legislature to ensure their voices could be heard and they could be integrated into the new nation.

"We were suppressed for thousands of years"

The Assembly also had to address the rights of the Depressed Castes.

• Beyond Safeguards: Members like J. Nagappa argued that the problem of "Untouchables" was caused by deep-rooted social norms. Society had used their labour but kept them at a distance. Their suffering was due to systematic marginalisation, not because they were a numerical minority (they formed 20-25% of the population).
• Ambedkar's Shift: After the violence of Partition, B.R. Ambedkar, who had earlier demanded separate electorates for the Depressed Castes, no longer argued for them.
• Constitutional Solutions: The Assembly finally recommended:
  • The abolition of untouchability.
  • The opening of all Hindu temples to all castes.
  • Reservation of seats in legislatures and jobs in government for the lowest castes.

It was recognized that these legal measures alone could not end social discrimination, but they were a crucial step forward.

The Powers of the State

A major point of debate was the division of powers between the Central Government and the states.

• The Case for a Strong Centre: After Partition, leaders like Jawaharlal Nehru and B.R. Ambedkar argued for a strong central authority. They believed a weak centre would be unable to ensure peace, coordinate on important matters, and represent India effectively on the world stage.
• Division of Powers: The Draft Constitution created three lists of subjects:
  1. Union List: Subjects for the Central Government only.
  2. State List: Subjects for the state governments.
  3. Concurrent List: Subjects where both Centre and state could legislate. The Constitution gave more power to the Union, including control over key industries and minerals. Article 356 also allowed the Centre to take over a state administration.

"The centre is likely to break"

Some members feared that too much power was being given to the Centre.

• K. Santhanam from Madras argued for a reallocation of powers to strengthen the states. He warned that an overburdened Centre could not be effective.
• He also pointed out that the fiscal provisions would leave states financially weak, as most major taxes were controlled by the Centre. He feared this would lead to provinces rising in "revolt against the Centre."

"What we want today is a strong Government"

The arguments for a strong Centre were equally powerful, especially given the context of the times.

• Stopping Communal Frenzy: Many members reminded the Assembly of the riots and violence tearing the nation apart, arguing that only a strong Centre could stop the chaos.
• National Planning and Defence: Supporters like Balakrishna Sharma reasoned that a strong Centre was necessary for national economic planning, establishing a proper administration, and defending the country from foreign aggression.

The Language of the Nation

Choosing a national language for a country with such linguistic diversity was a highly emotional and divisive issue.

• The Case for Hindustani: By the 1930s, Mahatma Gandhi and the Congress had accepted Hindustani—a blend of Hindi and Urdu—as the ideal national language. It was spoken by a large section of the population and was seen as a composite language that could unify Hindus and Muslims, and people from the north and south.
• The Growing Divide: However, as communal politics intensified, Hindi became more Sanskritised (purging words of Persian/Arabic origin), and Urdu became more Persianised. Language became tied to religious identity.

A plea for Hindi

The debate in the Constituent Assembly was often aggressive.

• R. V. Dhulekar, a Congressman, made a fiery plea for Hindi to be the language of constitution-making. He declared that those who did not know Hindustani were not worthy to be members of the Assembly.
• The Compromise Formula: After three years of debate, the Language Committee of the Assembly proposed a compromise:
  • Hindi in the Devanagari script would be the official language, not the national language.
  • English would continue for all official purposes for the first fifteen years to allow for a gradual transition.
  • Provinces could choose a regional language for official work within the province.
• Dhulekar rejected this compromise, demanding that Hindi be declared the National Language.

The fear of domination

The aggressive push for Hindi created anxiety among non-Hindi speakers.

• Shrimati G. Durgabai from Madras expressed the fear that the push for Hindi was an attempt to prevent the influence of other powerful Indian languages on the nation's culture. She noted that strong opposition to Hindi was building in the south.
• Appeals for Accommodation: Other members, like Shri Shankarrao Deo and T. A. Ramalingam Chettiar, warned that Hindi could not be imposed. They appealed for caution and mutual adjustment, arguing that forcing the language on people would only create bitter feelings and harm the cause of national unity.

Conclusion: Key Features of the Constitution

The Indian Constitution was the product of intense debate, discussion, and compromise. On many issues, members had to find a middle ground. However, on two central features, there was broad agreement.

1. Universal Adult Franchise: The decision to grant the right to vote to every adult Indian was a remarkable act of faith. In other democracies like the US and UK, suffrage was extended slowly and in stages, first to men of property, then to educated men, and much later to working-class men and women.
2. Secularism: While the word was not initially in the Preamble, the principles of secularism were deeply embedded in the Constitution. This was done through the Fundamental Rights, which guaranteed freedom of religion, cultural and educational rights, and equality. The Indian model of secularism did not mean a strict separation of state and religion but a "judicious distance," allowing the state to undertake social reforms within communities, such as banning untouchability.

The Constituent Assembly debates reveal the conflicting ideas and ideals that were negotiated to frame a constitution for a newly independent India. They show how the makers of the Constitution re-worked principles to fit the Indian context, often changing their own views in response to events and arguments over the three-year-long process.