Formation of Indian Constitution by Gordhan Patel

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The Indian Constitution is the supreme law of India, laying down the fundamental principles, structure, procedures, powers, and duties of government institutions and the rights and duties of citizens. It was formed after a long and arduous process of discussion and debate that took place over several years, involving many of the brightest minds of the country. In this article, we will explore the formation of the Indian Constitution, highlighting the key events, personalities, and factors that shaped its development.

The process of constitution-making in India began in 1928, when the Indian National Congress, the main political party of the Indian independence movement, adopted a resolution calling for the creation of a Constituent Assembly to draft a constitution for India. However, it was only after India became independent from British rule in 1947 that the Constituent Assembly was formed, with the task of creating a constitution for the new nation.

The Constituent Assembly comprised 389 members, representing different political parties, regions, religions, and communities. Its first meeting was held on December 9, 1946, and it was chaired by Dr. Sachchidananda Sinha, a veteran politician and member of the Congress party. However, after his death, the leadership of the Constituent Assembly was taken over by Dr. Rajendra Prasad, a prominent leader of the Congress party, who later became the first President of India.

The Constituent Assembly was tasked with creating a constitution that would reflect the aspirations and needs of the diverse Indian society. It was a challenging task, as India was a country with many languages, religions, castes, and cultures, each with its own traditions, customs, and practices. Moreover, India was a newly independent nation, with no previous experience of democracy or constitutional governance, and facing many political, social, and economic challenges.

To meet this challenge, the Constituent Assembly adopted a multi-layered approach to constitution-making. It appointed several committees and sub-committees to study and report on different aspects of the constitution, such as fundamental rights, directive principles of state policy, citizenship, minority rights, and federalism. These committees were composed of experts and representatives from different fields, such as law, politics, economics, social work, and culture. They held extensive consultations with various stakeholders, including political parties, civil society groups, and the public, to gather their views and suggestions.

The most important committee of the Constituent Assembly was the Drafting Committee, which was formed in August 1947, under the leadership of Dr. B.R. Ambedkar, a prominent jurist, social reformer, and leader of the Dalit community. The Drafting Committee was tasked with preparing a draft constitution for the consideration of the Constituent Assembly. It consisted of seven members, including Dr. Ambedkar, who was its chairman, and other distinguished lawyers and politicians, such as K.M. Munshi, Alladi Krishnaswamy Ayyar, and Gopalaswami Ayyangar.

The Drafting Committee held several meetings over two years, from 1947 to 1949, to prepare the draft constitution. It studied the constitutions of other countries, such as the United States, the United Kingdom, Canada, Australia, and Ireland, and incorporated their best features into the Indian Constitution. It also took into account the recommendations of the other committees and sub-committees of the Constituent Assembly, as well as the feedback and criticism from the public and the press.

The drafting of the constitution was a challenging task, as the Drafting Committee had to balance different interests, ideologies, and perspectives. It had to ensure that the constitution protected the fundamental rights and freedoms of citizens, such as equality, liberty, and justice, while also ensuring the stability and integrity of the nation. It had to. The Drafting Committee also had to address the issue of federalism, as India was a country with a vast territory and a diverse population. The committee had to balance the demands of the various regions and communities for greater autonomy with the need for a strong and unified central government. The committee came up with a unique model of federalism, which gave a significant degree of power to the states while also maintaining a strong central government.

One of the significant challenges that the Drafting Committee faced was the issue of minority rights. India was a country with many religious, linguistic, and ethnic minorities, each with its distinct culture and identity. The committee had to ensure that the constitution protected the rights and interests of all minorities while also promoting national unity and integration. To address this issue, the committee included several provisions in the constitution, such as the right to freedom of religion, the prohibition of discrimination on the grounds of religion, race, caste, or sex, and the reservation of seats in government institutions for minorities.

The drafting of the constitution was not without its controversies and disagreements. There were several contentious issues, such as the nature of federalism, the reservation of seats for minorities, and the right to property. The Drafting Committee had to resolve these issues through discussions and negotiations, often involving heated debates and compromises. In the end, the committee was able to come up with a consensus-based constitution that reflected the diverse aspirations and needs of the Indian society.

The Indian Constitution was finally adopted by the Constituent Assembly on November 26, 1949, after two years of intense debates, discussions, and revisions. The adoption of the constitution was a historic moment in the Indian history, marking the culmination of a long and arduous struggle for independence and self-rule. The constitution came into effect on January 26, 1950, which is celebrated as the Republic Day of India, a national holiday.

The Indian Constitution is a remarkable document, which has stood the test of time and served as the guiding force of Indian democracy and governance for over seven decades. It is the longest written constitution in the world, consisting of 448 articles, 12 schedules, and 103 amendments. The constitution lays down the fundamental principles of democracy, secularism, socialism, and justice, which form the basis of Indian society and polity.

The Indian Constitution has several unique features, such as the fundamental rights, which protect the individual liberties and freedoms of citizens, the directive principles of state policy, which guide the government in promoting social welfare and justice, the system of parliamentary democracy, which ensures the accountability and transparency of the government, and the system of judicial review, which protects the constitution and the rights of citizens.

In conclusion, the formation of the Indian Constitution was a long and challenging process, involving many of the brightest minds of the country. The constitution reflects the diverse aspirations and needs of the Indian society and has served as the guiding force of Indian democracy and governance for over seven decades. The Indian Constitution is a testament to the resilience and determination of the Indian people to create a just, equitable, and democratic society, based on the principles of liberty, equality, and justice for all.

Gordhan Patel

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Published: 27th April 2023
Last Updated: 27th April 2023
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