Theme 15
FRAMING THE CONSTITUTION
Q. What was the Objectives Resolution? What were the ideals expressed in the Objectives Resolution?
Ans. It was Jawaharlal Nehru, who presented Objectives Resolution in the Constituent Assembly on 13th December, 1946. He proposed that the National Flag of India be a ‘horizontal tricolor of saffron, white and dark green in equal proportion’, with a wheel in navy blue at the centre. It outlined and defined the ideals and objectives of the Constitution which are as follows:
1. India was declared as independent sovereign Republic.
2. It assured justice, equality, liberty and fraternity to all the citizens.
3. It provided adequate safeguards to minorities.
4. It referred to the well being of the backward and depressed classes.
5. India would combine the liberal ideas of democracy with socialist idea of economic Justice.
6. India would adopt that form of government which would be acceptable to its people. No imposition from the British would be accepted by the Indian people.
7. India would be a federation of states.
Q. How was the term ‘minority’ defined by different people?
Ans. The term ‘minority’ defined by various persons as:
I. B. Pocker Bahadur of Madras designed the term ‘minority’ in terms of community and religions. He made a powerful plea for continuing separate electorates for the Muslim minority.
II. N.G. Ranga, a socialist urged that the term minority be explained in economic terms. For Ranga, the poor and the downtrodden were the real minorities.
III. Jaipal Singh, an Adivasi, and Nagappa and other members of the depressed castes described tribals and untouchables as minority because they constituted the oppressed groups.
IV. There was linguistic minorities who asked for freedom of speech in their mother tongue and redistribution or remarking of provinces on a linguistic basis.
V. Some defined women as minority on gender basis and asked for equality, justice, social economic and political, to enable real cooperation between genders man and woman.
Q. What are the arguments in favor of greater power to the provinces?
Ans. The constituent assembly showed the distinct bias towards the right of the Union of India over those of its constituent states. The arguments in favor of greater power to the state or provinces were eloquently defended by K. Santhanam of Madras and A. Ramasway Mudaliar from Mysore.
I. The main tents of the arguments were the powerful center would be over burdened and inefficient. A member, warned center is likely to break. Whereas Santhanam predicted a dark future and argued all provinces would rise in revolt.
II. Ram swami Mudaliar argued proposing a strong center would not make one a better patriot. According to Santhanam it is a misconception that by adding all kinds of power to the center, it can be made strong. Rather, an overburdened center would not be able to carry out its functions effectively.
III. Centre, relieved of some functions, would be more efficient, effective, and strong.
IV. On the other side, the financial dependence of states on the center would cripple, frustrate, and make them dependent, provoking them to rise in revolt against the center.
Q. Why did Mahatma Gandhi think Hindustani should be the national language?
Ans. According to Mahatma Gandhi Hindustani is a language that the common people could easily understand. Hindustani was a blend of Hindi and Urdu.
I. It was also popular among a large section of the people. Moreover, it was a composite language enriched by the interaction of diverse cultures. Words and terms from many different languages got incorporated into this language over the years.
II. It made this language easily understandable by people from various regions. According to Mahatma Gandhi, Hindustani would be the ideal language of communication between communities.
III. It would help to unify Hindu and Muslim and the people from north and south.
IV. Language came to be associated with the politics of religious identities from the end of the 19th century. But Mahatma Gandhi retained his faith in the composite character of Hindustani.
Q. What historical forces shaped the vision of the constitution?
Ans. Following are some historical forces which shaped the vision of the constitution certain basic values were accepted by all national leaders as a result of the Nehru Report and the Fundamental Rights resolution passed the Karachi session of the Indian National congress.
1. Universal adult Franchise, right to freedom and equality and protection of minority rights were these basic values.
2. After the results of 1937 elections, the congress and other political parties were able to form the governments in the provinces.
3. This experience with legislative and political institutions helped in developing on agreement over institutional design.
4. Many colonial laws were also the source of the Indian constitution. Government of India Act, 1935 was a major one.
5. The French revolution also inspired the makers of the constitution. The working of the parliamentary democracy in Britain and the bill of Rights in the USA also inspired the framers of the constitution.
Q. Discuss the different arguments made in favor of protection of the oppressed groups.
Ans. Various arguments were put forth in the constituent assembly in favor of protection of the oppressed groups. N.G. Ranga, a socialist and peasant leader, urged the term minority be defined in economic terms and floured protection of the poor and downtrodden masses.
a) Ranga argued it was not the numerically smaller communities the Sikh or Muslims or Hindus or Pakistan, who constituted the minority but the masses as they were oppressed, depressed and suppressed.
b) According to Ranga, the fundamental right to live and attain full employment and civil liberties enshrined in the constitution were meaningless till they will be enjoyed.
c) Having weak laws in place, the poor are subject to systematic exploitation by money lenders and Zamindars and reduced to near level of bonded slaves.
d) Ranga argued that, to enjoy rights, the poor needed props, a ladder, at least elementary education, protection and assurance of protection.
e) Jaipal Singh, an Adivasi, argued in the favor of protection for the tribals not because of their numerical insignificance but due to timeless discrimination, shabby treatment, neglect, exploitation and dispossession from the forest. His emphasis for the reservation of seats for tribal was essential to allow tribals to represent themselves.
f) Nagappa and other member of the depressed classes and untouchables favored their protection,
and removal of social disabilities. The depressed castes sought to resolve their problem by retreating “we were suppressed for thousands of years”. They argued protection and safeguards.
Q. What connections did some of the members of the constituent assembly make between the political situation of the time and the need for a strong center?
Ans. On 15th August 1947, India became independent from the British rule. It was declared on independent country. But this independence was painful also. India was divided and Pakistan came into existence. This partition was followed with communal violence. Many leaders like Jawaharlal Nehru and Ambedkar favored a strong central government for India. Supporting their views, they referred to riots and violence that were ripping the nation apart. A strong center was the need of the hour. Most of the members of the constituent assembly also supported this view. Any deviation from this might jeopardize the interests of the nation. Peace, prosperity and political stability were not possible in case of a weak center. It would fail to coordinate vital matters of common concern. Gopalaswami Ayyangar appealed to the members of the constituent assembly that “The center should be made as strong as possible”. It was also felt that it would mobilize all the resources, ensure strong defense against any aggressor and establish a proper administration. Almost all the members of the constituent assembly supported a strong central government. They felt that it was necessary to check chaos, communal violence and to usher in economic development of the country.
Q. How did the constituent assembly seek to resolve the language controversy?
Ans. India is a very big country. It has many different regions. Different varieties of people live here and speak different languages. So, for a new nation alike India, it was necessary to give proper attention to the intricacies of different languages.
A) Hindustani:
I. Hindustani was a choice for the congress and Mahatma Gandhi. Congress had already decided to adopt Hindustani as the national language of the country.
II. Mahatma Gandhi was also in favor of adopting Hindustani as the national language and supported strongly for this view. He argued that everyone should speak in a language which is understood by most of the common people.
III. Hindustani was not a new language. It was a blend of Hindi and Urdu. It was enriched by the interaction of diverse cultures and spoken by most of the people of the country.
B) Hindi:
I. R.V. Dhulekar pleaded in favor of Hindi for adopt it as the national language. He even said that those who did not know Hindustani were not worthy to be the members of the constituent assembly.
II. He wanted that Hindi should be used as language of constitution making. He was ven said that those who did not know Hindustani were not worthy to be members of the constituent assembly.
C) Report of the language Committee.
I. The language committee of the constituent assembly suggested a compromise formula in its report. It suggested that Hindi in Devnagri script should be the official language of the country and tried to resolve the issue.
II. It also suggested that transition from English to Hindi should be gradual. It was also suggested that, during first fifteen years since adoption of the constitution, English would continue to serve as language for official purpose. So it was clear that the language committee referred Hindi as the official language, not the national language.
D). Threat to south:
I. the members of the constituent assembly who belonged to the southern India were apprehensive of the view. They felt that Hindi would be a threat to their provincial languages.
II. Shankar Rao form Bombay. T.A. Ramalingam Chettiar and Mrs. G. Durgabai of Madras suggested that issue of language required utmost care and needed to be handled deftly and carefully. Hindi should not be thrust upon the people of south India.
Q. “The Resolution cast the horoscope of our Sovereign Democratic Republic”. Prove this Statement.
Ans:- On December 13, 1946, Pandit Nehru described the objective resolution as a ‘Solemn Pledge to our people’. It gave expression to the aspiration and ideals for which the people of India had worked and struggled and embodied the broad objectives which the constituent assembly was to set before itself. The resolution ensured that safeguards would be provided to the minorities, backward and tribal areas, depressed and other classes. The resolution proclaimed that the ancient land would attain its rightful and honored place in the world. This republic would be a union of autonomous units in which residuary powers should be with the latter. The Resolution also stated that the constitution framed by the Assembly must guarantee and secure to all the people of India Justice social, economic and political; equality of status, of opportunity and equality before law; freedom of thoughts , expression, belief, faith, worship, vocation, subject, association and action subject to law and public morality.
In fact, all important elements had been included in the objective resolution, constituent assembly had to frame the constitution by following them: the Statement ‘The Resolution cast the horoscope of our sovereign Democratic Republic”, given by Dr. K.M. Munshi seems to be true.
Q:- Why Parliamentary system has been adopted in India? Is it relevant today?
Ans:- The Chief merit of Parliamentary government lay in its ability to satisfy the essential test of a democratic Executive viz.. a combination of stability and responsibility. In India when the poverty and illiteracy of the masses might well encourage the growth of Executive Despotism, Responsibility was no less important than stability. According to Dr. Ambedkar-under the parliamentary system there is daily and periodic assessment of the responsibility of the Government. On the basis of the assessment of last 58 years, it can be said that to include parliamentary system in our constitution was a positive and praisable effort which has played an important role in the stability of Democracy in India.
Q. Why is the Indian constitution acceptable to the Indian people even today?
Ans: a) The Indian Constitution is acceptable to all because it was based on a broad consensus and did not reflect the views of the drafting committee alone.
a) Even though there was no universal adult Franchise at that time. The constituent assembly consisted of people of all regions and communities making it a miniature India.
b) Eminent people like Maulana Azad and women like Sarojini Naidu played an important part in the constituent assembly as did people of all casts and creeds.
c) Furthermore, the constituent assembly worked in a systematic and open manner.
d) The basic principles were agreed upon, and then a draft constitution was prepared for discussion.
e) The draft constitution was discussed thoroughly clause by clause for nearly 3 years before being finalized.
f) Every individual is free to follow. Preach, or profess his/her own religion. There is no state religion.
Q. What was the ‘language controversy, before the Constitution Assembly and how did it seek to resolve the controversy?
Ans. Language Controversy:
· Hindustani (Hindi+Urdu) started getting separate due to communal parties.
· Language became politicized for communal identity.
· R.V. Dhulkar supported Hindi to be made language of the Constitution.
· It created a furor (debate) in the Constituent Assembly which was mediated by Pt. Jawaharlal Nehru. Solutions:
· Proceeded slow to make Hindi as the National Language.
· Some supported official work to be continued for 15 years in English.
· After implementation of the Constitution and Provinces to choose regional language for daily work.
· Constituent Assembly: i. Hindi – Not National Language. ii. But not Rajbhasha
Q:- How will you define the term ‘Secular’? Is India a Secular state?
Ans:- The term secular means that the state has no Religion of its own. The State is neither religious, nor anti religions. The state observes complete neutrality in Religious matter on the basis of following given detail India can be called a secular nation. In the Indian Constitution, the articles 25-28 of the right to freedom of Religion have been granted to all persons residing in India. Accordingly by all the persons are equally entitled to freedom of conscience. Indian citizens are free to change their religion on their own will.
Q. Why was the demand for Separate Electorate made during the drafting of the Constitution?
Ans. Some members of the Constituent Assembly felt that a meaningful participation of the minorities in the governance could be ascertained only by the system of separate electorates. They made a strong plea to continue this system.
Q. Why was G. B. Pant against this demand for separate Electorates? Give two reasons?
Ans. Govind Ballabh Pant felt that, if, by the system of the Separate Electorate, the minorities are isolated forever, they can never be able to convert themselves into a majority. The minorities, if they are returned by Separate Electorates, can never have any effective voice in the governance.
Keyconceptsinnutshell
❖ The Indian constitution was framed between Dec.1946 & Dec.1949.
❖ The total member strength of the constituent Assembly was 300. Dr. B.R. Ambedkar was the chairman of the Drafting Committee, and played important role in the constituent Assembly.
❖ On the 13th dec.1946 Nehru moved the “ObjectiveResolution”in the constituent Assembly.
❖ An interim Government was made under the leadership of Jawaharlal Nehru.
❖ The first session of all India States People’s Conference was held in 1927 under the president ship of Diwan Bahadur, M. Ranchman Rai the renowned leader of Ellore.
❖ The Drafting Committee was formed on 29 August 1947. Dr. B.R. Ambedkar was its chairman.
❖ The Constituent Assembly was formed in October 1946 as per the Cabinet Mission Scheme.
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