Framing the Constitution - The Beginning of a New Era

1. A Tumultuous Time

Historical Context

• India gained independence on 15 August 1947 but was also divided
• Fresh memories of Quit India Movement (1942), INA activities, and Royal Indian Navy uprising (1946)
• Periodic mass protests by workers and peasants across the country
• Contrast between Hindu-Muslim unity in popular movements vs political failures of Congress and Muslim League
• The Great Calcutta Killings (August 1946) began a year of continuous rioting
• Massive refugee crisis during Partition

Problem of Princely States

About one-third of India was under princely states during British rule. After independence, their status became ambiguous with some rulers dreaming of independent power.

Making of the Constituent Assembly

• Members not elected by universal franchise but chosen by Provincial Legislatures elected in 1945-46
• Dominance of Congress (82% members)
• Muslim League boycotted it demanding Pakistan
• Socialists initially unwilling to join, considering it a British creation
• Congress had diverse voices - socialists, secularists, landlord defenders
• Public opinions and criticisms influenced the debates

Dominant Voices in the Assembly

2. The Vision of the Constitution

Objectives Resolution (13 December 1946)

• Proclaimed India as "Independent Sovereign Republic"
• Guaranteed justice, equality and freedom to citizens
• Promised safeguards for minorities, backward/tribal areas, Depressed and Other Backward Classes
• Nehru's speech connected Indian constitution-making to global struggles for liberty
• Emphasized need for Indian system to fit Indian context: "We are not going just to copy"

Debates on Sovereignty

• Somnath Lahiri (Communist) argued Assembly was under "shadow of British guns"
• Nehru admitted British had role in Assembly's creation but emphasized it derived strength from people's will

Historical Roots of Democratic Ideals

• 19th century social reforms (against child marriage, for widow remarriage)
• Swami Vivekananda's campaign for Hindu reform
• Jyotiba Phule highlighting depressed castes' suffering
• Communist/Socialist organization of workers/peasants
• Constitutional reforms (1909, 1919, 1935 Acts) gradually increasing Indian participation

3. Defining Rights

Problem with Separate Electorates

• B. Pocker Bahadur (Madras) argued for separate electorates for Muslims
• Most nationalists opposed it as British strategy to divide Indians
• Sardar Patel called it "poison" that caused Partition
• Govind Ballabh Pant argued it would isolate minorities and harm them
• Begum Aizaz Rasul opposed separate electorates as self-destructive

Protection for the Marginalized

• N.G. Ranga (socialist) argued real minorities were poor masses needing economic protection
• Jaipal Singh (tribal representative) highlighted historical exploitation of tribals
• Demanded reservation (not separate electorates) to ensure tribal representation

Rights of Depressed Castes

• J. Nagappa (Madras) pointed out Depressed Castes were 20-25% population
• K.J. Khanderkar described centuries of suppression
• Final provisions: abolition of untouchability, temple entry, reservation in legislatures/government jobs
• Dakshayani Velayudhan emphasized need for removal of social disabilities

Women's Rights

• Hansa Mehta demanded justice, not privileges or reserved seats
• Called for equality as basis for mutual respect between genders

4. The Powers of the State

Arguments for Strong Centre

• Nehru: Needed to ensure peace, coordinate common concerns, represent India internationally
• Ambedkar: Wanted Centre "much stronger" than under 1935 Act
• Balakrishna Sharma: Only strong Centre could plan development, mobilize resources, defend country
• Post-Partition violence strengthened case for centralization

Concerns About Over-Centralization

• K. Santhanam (Madras): Overburdened Centre would be ineffective
• Fiscal provisions would impoverish provinces
• Warned provinces might revolt if too much power centralized
• T. A. Ramalingam Chettiar feared Centre might "break" from over-centralization

Final Distribution of Powers

• Three lists: Union, State, and Concurrent subjects
• More items under Union control than other federations
• Article 356 allowed Centre to take over state administration
• Complex fiscal federalism with varying tax arrangements

5. The Language of the Nation

Debates on National Language

• Congress had accepted Hindustani (blend of Hindi/Urdu) as national language
• Gandhi supported Hindustani as it unified communities
• By 1940s, Hindi and Urdu growing apart (Sanskritization vs Persianization)

Aggressive Advocacy for Hindi

• R.V. Dhulekar demanded Hindi as national (not just official) language
• Provoked strong reactions with aggressive tone

Fears of Hindi Domination

• G. Durgabai (Madras) reported strong southern opposition
• Feared Hindi propaganda would undermine provincial languages
• Shankarrao Deo (Bombay) warned against forcing Hindi

Final Compromise

• Hindi in Devanagari script as official language
• 15-year transition period with English continuing
• Provinces could choose regional language for official work
• Attempt to balance national unity with linguistic diversity

Key Features of the Constitution

Timeline of Key Events

Important Committees of the Constituent Assembly

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