Detailed Notes: "Ideas of India" Chapter
I. The Constitution Creation Process (1946-1949)
Development and Structure
● With 395 articles and 12 schedules, India's constitution is likely the longest in the world
● Created between December 1946 and December 1949, it was thoroughly debated clause by clause
● The Constituent Assembly held eleven sessions across 165 days of sittings
● Between sessions, multiple committees and subcommittees revised and refined drafts
● The proceedings were printed in eleven bulky volumes (some exceeding 1,000 pages)
● These proceedings captured competing visions of what India should be, including debates about language, political systems, economic structures, and moral
values
● The constitution finally came into effect in January 1950
Historical Context
● The Congress had insisted since the early 1930s that Indians would frame their own constitution
● Lord Wavell finally agreed to this demand in 1946
● Members were chosen based on provincial elections held that year
● The Constitution was drafted against a backdrop of immense challenges:
○ Food scarcity
○ Religious riots following Partition
○ Refugee resettlement
○ Class conflicts
○ Feudal resistance to change
○ As described by one historian: "Fundamental Rights were framed amidst the carnage of Fundamental Wrongs"
II. The Constituent Assembly Composition
Membership and Representation
● The first meeting was held on December 9, 1946
● The Muslim League boycotted early sittings, making it initially a one-party forum
● Congress leaders like Nehru and Patel sat in front, but opponents like Sarat Bose were also given prominent seats
● Nine women members were present from the beginning
● Representatives of princely states joined as these states acceded to the Union
● 82% of Assembly members belonged to the Congress Party
Diversity Within the Assembly
● Despite Congress dominance, there was significant ideological diversity:
○ Some members were atheists and secularists
○ Others were "technically members of the Congress but spiritually members of the RSS and Hindu Mahasabha"
○ Economic views ranged from socialist to pro-landlord
● The Congress nominated independent members from different religious groups and castes
● They particularly sought legal experts to assist in drafting
● This expanded social base partly answered British criticism, especially from Winston Churchill, who had dismissed the idea of an Assembly dominated by
"caste Hindus"
Public Participation
● The process was made more participatory by inviting public submissions
● Hundreds of responses were received from various interest groups:
○ The All-India Varnashrama Swarajya Sangh requested constitution based on "ancient Hindu works"
○ Low-caste groups demanded protections and reservations
○ Linguistic minorities asked for language rights and province reorganization
○ Religious minorities requested safeguards
○ Professional organizations sought representation
● These submissions showed both India's heterogeneity and its emerging rights culture
III. Key Constitution Architects
Leadership Figures
● Of over 300 members, historian Granville Austin identifies 20 as most influential
● Twelve of these had law degrees, including top Congress leaders
Jawaharlal Nehru
● Delivered the first major speech on December 13, 1946, moving the Objectives Resolution
● This resolution proclaimed India as an "independent sovereign republic" guaranteeing justice, equality, and freedoms
● Nehru balanced invocations of India's "great past" with references to modern democratic revolutions
● Also gave the famous "tryst with destiny" speech at independence
● Led discussions on symbolic matters, including the adoption of the national flag
Vallabhbhai Patel
● Handled most of the back-room work and committee drafting
● Key mediator between warring groups and factions
● Took recalcitrant members on morning walks to persuade them
● Moved some of the most contentious resolutions, including those on minority rights
Rajendra Prasad
● Served as President of the Assembly from its inauguration
● Maintained dignity while managing difficult debates
● Had the challenging task of controlling timing and maintaining decorum
B.R. Ambedkar
● Chairman of the Drafting Committee
● A brilliant lawyer from the Untouchable (Dalit) community
● Also served as Law Minister in the Union government
● Provided intellectual leadership to the constitutional process
Other Key Contributors
● K.M. Munshi - Gujarati polymath, novelist, lawyer, and freedom fighter
● Alladi Krishnaswami Aiyar - Tamil legal expert, former advocate general of Madras
● B.N. Rau - Constitutional adviser to the government (not an Assembly member)
○ Prepared foundational notes based on study of Western democracies
○ His work formed the basis for Ambedkar's drafting team
● S.N. Mukherjee - Chief draughtsman, praised for putting "intricate proposals in the simplest and clearest legal form"
IV. Constitutional Framework and Philosophy
Twin Revolutions
● The Constitution aimed to bring about two revolutions:
1. National revolution: Focused on democracy and liberty denied under colonial rule
2. Social revolution: Focused on emancipation and equality denied by tradition to women and lower castes
System of Government
● Rejected the American presidential system
● Dismissed the Swiss method of directly electing Cabinet ministers
● Considered but rejected proportional representation (Irish model)
● Adopted the British parliamentary system with cabinet government
○ B.N. Rau learned from Eamon de Valera that this system made for stronger governance
● Universal adult franchise for the lower house of Parliament (Lok Sabha)
● Upper houses at national and provincial levels to check "excesses of democratic zeal"
● Parliament's upper house (Rajya Sabha) elected indirectly by state legislatures
Executive Structure
● Cabinet headed by Prime Minister
● President as head of state, elected by national and provincial legislatures
● President given "great authority and dignity" but "no real power" (similar to British monarchy)
● President served as commander-in-chief and could return bills to Parliament
● Provincial governors nominated by central government
Independent Institutions
● Independent election commission established
● Independent comptroller general of accounts
● Judicial appointments made by president in consultation with chief justice
● Judicial salaries charged directly to Treasury (protecting from parliamentary interference)
● Supreme Court designed as guardian of both social revolution and civil/minority rights
● Supreme Court given broad appellate jurisdiction for constitutional interpretation
Fiscal Federalism
● Complex system of tax division between center and states:
○ Some taxes (customs duties, company taxes) retained entirely by center
○ Some taxes (income taxes, excise duties) shared between center and states
○ Some taxes (estate duties) assigned wholly to states
○ States could independently levy certain taxes (land/property taxes, sales tax, liquor tax)
● These provisions borrowed heavily from the Government of India Act of 1935
Rights and Principles
● Fundamental Rights (Part III): Enforceable in courts, protecting personal liberty
○ Equality before law
○ Cultural rights for minorities
○ Prohibition of untouchability and forced labor
● Directive Principles (Part IV): Not justiciable, expressing positive state obligations
○ Combined socialist economic principles with conservative cultural elements (like cow protection)
○ Described as the "conscience of the constitution"
V. Major Constitutional Debates
A. Balance Between Individual Rights and Social Reform
● Constitution sought both national unity and progressive social change
● Right to propagate religion protected, but state given power to implement social reforms
● National planning enabled redistribution from richer to poorer provinces
● Property rights limited to allow land reform legislation
● Rights qualified by security and public order considerations
● Preventive detention provisions criticized as the "darkest blot" on the constitution
B. Centralization vs. States' Rights
Arguments for Strong Center
● B.R. Ambedkar wanted "a strong united centre, much stronger than the centre created under the Government of India Act of 1935"
● K.M. Munshi argued for "a federation with a centre as strong as we can make it"
● Partition violence demonstrated need for central authority
● Muslim member Kazi Syed Karimuddin argued that "what we want today is a strong Government" to protect minorities
Arguments for States' Rights
● A member from Orissa warned the constitution had "so centralised power that... the Centre is likely to break"
● A Mysore representative claimed it was a "unitary" rather than "federal" constitution
● K. Santhanam of Madras argued fiscal provisions would make provinces "beggars at the door of the Centre"
● Criticized central control over issues like "vagrancy" that should remain local
The Compromise
● Three lists created: Union, State, and Concurrent
● More items placed under exclusive central control than in other federations
● Center given control of minerals and key industries
● Article 356 allowed center to take over state administration on governor's recommendation
C. Minority Representation
Muslim Representation
● B. Pocker Bahadur argued for separate Muslim electorates
● Sardar Patel firmly rejected this: "Those who want that kind of thing have a place in Pakistan, not here"
● Begum Aizaz Rasul (Muslim woman representative) opposed separate electorates as "a self-destructive weapon"
● By 1949, Muslim members accepted that reservation "would be really harmful to the Muslims themselves"
● Emphasis shifted to Muslims forming voting blocs to influence constituencies
Women's Representation
● Female Assembly members rejected quotas or separate electorates
● Hansa Mehta: "We have never asked for privileges... What we have asked for is social justice, economic justice, and political justice"
● Renuka Roy: Indian women's movement fundamentally opposed to "special privileges and reservations"
● Only R.K. Chaudhuri (male) argued for women's reservation, suggesting women should "have their scramble and fight there among themselves"
Scheduled Castes (Untouchables)
● Constitution reserved seats in legislatures and government jobs for lowest castes
● Opened Hindu temples to all castes
● Called for abolition of untouchability in society
● H.J. Khandekar pointed out Untouchables' underrepresentation in administration
● Challenged upper castes: "You are responsible for our being unfit today... You suppressed us for thousands of years"
● Some members warned against benefits flowing only to "cream of Harijan society"
● Mahavir Tyagi suggested class-based rather than caste-based reservation
Tribal Representation
● Initially overlooked in minority rights reports
● Jaipal Singh emerged as the voice of tribal India
● Oxford-educated Munda tribesman who captained India's gold-medal hockey team (1928 Olympics)
● Founded Adibasi Mahasabha (1938) and advocated for separate Jharkhand state
● In Assembly, declared tribals the "original inhabitants" who had been "disgracefully treated, neglected for the last 6,000 years"
● Defended tribal cultural practices, including alcohol consumption
● His advocacy led to reservation for tribals in legislatures and government positions
D. Language Controversy
Early Hindi Advocacy
● R.V. Dhulekar created commotion by insisting "People who do not know Hindustani have no right to stay in India"
● Some members demanded official documents, car number plates, and constitution be in Hindi
● Hindi advocates became more vociferous after Partition
Hindustani vs. Hindi
● Hindustani: Lingua franca of northern India, amalgam of Hindi and Urdu
● Hindi: Drew heavily on Sanskrit, written in Devanagari script
● Urdu: Drew on Persian and Arabic, written in modified Arabic script
● Gandhi and Nehru preferred Hindustani as "golden mean"
● Partition killed the case for Hindustani, strengthening Sanskrit-based Hindi movement
South Indian Opposition
● T.T. Krishnamachari warned: "Hindi Imperialism" could lead to southern separatism
● South Indians preferred continuing English for inter-provincial communication
● Hindi seen as imposing northern language on non-Hindi regions
The Compromise
● "The official language of the Union shall be Hindi in the Devanagari script"
● English to continue "for all official purposes" for fifteen years (until 1965)
● Courts, services, and bureaucracy to continue using English during transition
VI. Ambedkar's Final Address and Warnings
Acknowledgments
● Thanked fellow Drafting Committee members
● Acknowledged support staff
● Praised Congress Party discipline that enabled orderly constitution-making
Historical Context
● Acknowledged democratic elements in ancient India: "There was a time when India was studded with republics"
● Referenced Buddhist Bhikshu Sanghas as using parliamentary-like procedures
Defense of Federalism
● Assured that states were not reduced to "municipalities"
● Emphasized that center couldn't unilaterally alter state-center boundaries
● "The Centre and the States are co-equal in this matter"
Three Warnings About India's Future
1. Abandon Methods of Protest
● No place for civil disobedience, non-cooperation, or satyagraha in constitutional democracy
● Such methods were "nothing but the grammar of anarchy"
● Constitutional methods of redress now available
2. Avoid Hero-Worship
● Quoted John Stuart Mill against laying "liberties at the feet of even a great man"
● Warned that "Bhakti" (devotion) was dangerous in politics
● "In politics, Bhakti or hero-worship is a sure road to degradation and to eventual dictatorship"
3. Address Social Inequality
● Political democracy insufficient without social and economic equality
● "In politics we will have equality and in social and economic life we will have inequality"
● "One man one vote" but not "one man one value"
● "How long shall we continue to live this life of contradictions?"
● Warning that continued social inequality would put "political democracy in peril"
VII. Historical Significance and Comparisons
Contrast with Japanese Constitution
● Japanese constitution written by Americans in February 1946
● Created by 24 individuals (mostly military officials) in one week
● Presented as fait accompli to Japanese leadership
● Described as "no modern nation ever has rested on a more alien constitution"
● Indian constitution entirely indigenous, thoroughly debated, and publicly scrutinized
Comparison with American Constitution
● Granville Austin called India's constitution-making "perhaps the greatest political venture since that originated in Philadelphia in 1787"
● Represented "a gigantic step for a people previously committed largely to irrational means of achieving other-worldly goals"
● Both constitutions were liberal humanist documents avoiding extremes of right and left
Legacy
● Created framework for world's largest democracy
● Balanced competing interests and visions
● Made by Indians for Indians despite pressures and challenges
● Austin concludes: "The credit goes to the Indians"
Key Examination Themes and Analysis Points
1. Indigenous Constitution-Making: Unlike many post-colonial states whose constitutions were imposed or heavily influenced by departing powers, India's
constitution was wholly created by Indians through extensive deliberation.
2. Balancing Unity and Diversity: The constitution needed to accommodate India's bewildering heterogeneity while creating a unified nation-state.
3. Progressive Vision: The document balanced liberal democratic principles with provisions for social reform and affirmative action.
4. Pragmatic Compromises: On issues from language to centralization, the constitution found workable middle grounds between competing visions.
5. Social Revolution: Ambedkar's emphasis on addressing social inequality alongside political equality represented the constitution's transformative ambition.
6. Continuity and Change: While borrowing from British legal traditions, the constitution introduced revolutionary concepts like universal adult suffrage from the
beginning.
7. Enduring Structure: Despite predictions of failure, the constitutional framework has largely withstood numerous challenges and adaptations over decades.
