Constitution Day

Constitution Day: When seven people were chosen to write the draft of the Constitution, then why did Dr. Ambedkar alone write it?

The Constitution of India is not just a document but the pillar of unity, equality and fraternity. The Constitution of India, which we feel proud of today, bears the indelible imprint of the able leadership and thoughts of Dr. Babasaheb Bhimrao Ambedkar. This article sheds light on the challenges of constitution making, the attacks on it and its values...

New Delhi. The Constitution contains the power to bind us all as citizens of a nation and our collective strength. The need of the hour is that we should make continuous efforts to make people aware of this power and the things contained in the Constitution with honesty and dedication. Article by Kishore Makwana on this Amrit Year of the Indian Constitution...

The Constitution of India, which we feel proud of today, bears the indelible imprint of Dr. Babasaheb Bhimrao Ambedkar's able leadership and ideas. While drafting the Constitution, he ensured that even the people sitting in the last row of the society could contribute to the development of the nation. If the Constitution is to be explained in simple language, then it embodies the two fundamental mantras of 'Pride of Indians and Unity of India'.

If you want to know how much effort Dr. Ambedkar put in to draft the Constitution, how he completed it and why he is called the architect of the Constitution, then you will have to read the speech given by T.T. Krishnammachari, a member of the drafting committee appointed to draft the Constitution, in the Constitution Committee on November 5, 1948.

Speech by Krishnammachari

Attracting the attention of the House, Krishnammachari said, 'The House may have come to know that one of the seven members elected by you resigned, his seat remained vacant. One member died, his seat also remained vacant. One member went to America, so his seat also remained vacant. The fourth member was busy in the work related to the princely states, so despite being a member, he was almost negligible. Two-three members were far away from Delhi. Due to their deteriorating health, they too could not be present. Ultimately, it happened that the entire burden of making the Constitution fell on Dr. Ambedkar alone. In this situation, he undoubtedly deserves respect for the method by which he completed this work. I want to tell you with certainty that Dr. Ambedkar completed this work by finding a way despite many difficulties, for which we will always be indebted to him.' (Constituent Assembly Debates, Volume-7,Page-231)

The background of the Constitution is based on Indian thoughts and values. Our Constitution is the expression of the nation. Its preamble is actually the soul of Indianness. We have declared the goal of our republic to establish justice, freedom and equality in society. These three mantras are actually the paradigm of Indianness. 'Promoting brotherhood' is Indianness.

Dr. Ambedkar also said that we did not only talk about equality. What we talked about was mutual compassion, intimacy, sensitivity. Considering each other as our own is our specialty.

Another feature of the Indian Constitution is 'positive action for the underprivileged'. This is unique, this is Indianness, which is not found anywhere else in the world. We have talked about equal rights for everyone in the Constitution, and at the same time, we have made provisions for positive action for those who are weak and backward due to some reason. The first right is of the one who is weak in the house - this is Indianness.

Our country with all its diversity cannot be kept united through the use of force, for this everyone will have to be tied together by a common thread. What are those common threads?

In the 'Preamble' of the Constitution written by Babasaheb, the principles that bind everyone have been elaborately described. It includes socio-economic-political justice, freedom of expression, freedom of belief-faith-worship-method, equality of status and opportunities and fraternity that assures unity and integrity of the nation.

What is the meaning of nation in real sense, what is mentioned in the constitution 

It is not that a nation is formed by having a common lineage, a common culture or a common land. The very meaning of a nation is that all the people living in the country should be emotionally deeply connected to each other. Brotherhood creates such emotional unity.

If Indian rulers, thinkers, media, scholars, artists follow these principles with honesty, then no power in the world can stop India from becoming great - these principles have that much power. The Constitution of India is the soul of Indian democracy.

This laborious task was possible only with understanding and foresight; that too at a time when the country was getting free from the chains of slavery. In the light of this Constitution, in the divine light of the thoughts of the great men who made the Constitution, it is the responsibility of all of us to build a new India. 

The biggest attack on the constitution

In the history of Indian democracy, the biggest attack on the Constitution happened in 1975. Emergency was imposed in the country on 25 June 1975 and during this period many important events happened, but the most important of them was the changes in the Constitution motivated by personal ambitions.

During the Emergency, changes were made in the Constitution to such an extent that it started being called 'Constitution of Indira' instead of 'Constitution of India' in English. Those who said 'India is Indira' made the Constitution of India 'Indira's Constitution' by the 42nd Constitutional Amendment.

Within a month of the imposition of the Emergency, the 38th Amendment to the Constitution was passed on 22 July 1975, taking away from the judiciary the power to conduct judicial review of the Emergency. Just two months later, the 39th Amendment to the Constitution was introduced with the intention of retaining Indira Gandhi as Prime Minister.

Since the Allahabad High Court had annulled the election of Indira Gandhi, the 39th Amendment took away the right of the High Courts to investigate the election of the person appointed to the post of Prime Minister of the country. According to the amendment, the election of the Prime Minister can be investigated and examined only by a committee formed by the Parliament.

What was changed in the Constitution in 1976?

In 1976, when almost all opposition MPs were either underground or in jails, the 42nd Amendment changed the description of India from 'sovereign democratic republic' to 'sovereign, socialist, secular, democratic republic'. One of the most controversial provisions of the 42nd Amendment was the preference given to the Directive Principles of State Policy over the Fundamental Rights.

Due to this, any person could be deprived of his fundamental rights. This amendment completely weakened the judiciary, while the legislature was given immense powers.

After the constitutional amendment it became mandatory for the President of India to act on the advice of the Council of Ministers. The importance of fundamental rights was greatly devalued.

This amendment changed 40 articles including Article 368 and declared that there shall be no limitation on the constitution-making power of Parliament and no amendment made by Parliament can be questioned in any court on any ground including the violation of any fundamental right.

Those four phases of golden history

1. First of all, the proposal regarding the objectives of the Constitution was discussed, debated and accepted. The rule making committee and the assembly steering committee were formed on 22 January 1947. The Constituent Assembly accepted eight objectives, for achieving which the Constitution was to be made.

2. Various committees were to be formed by the Constituent Assembly to draft and report provisions on various subjects (fundamental and minority rights, powers of the Union, provincial and Union Powers Committee, etc.). The Union Powers Committee had nine members. Its chairman was Pt. Jawaharlal Nehru. The Steering Committee had three members and its chairman was Dr. Kanhaiyalal Maniklal Munshi. The Provincial Legislative Committee had 25 members and its chairman was Sardar Vallabhbhai Patel. The Union Legislative Committee had 15 members and its chairman was Pt. Jawaharlal Nehru.

3. The reports of these committees were given a comprehensive shape by the advisor of the Constituent Assembly, B.N. Rao and the basic draft of the Constitution was prepared. On 29 August 1947, the Constituent Assembly formed a Drafting Committee to prepare the actual draft of the Constitution, whose chairman was Dr. Bhimrao Ambedkar.

4. The Drafting Committee published its draft in February 1948. The members of the Assembly had the opportunity to study this draft for eight months. This draft was discussed clause by clause in several meetings from November 1948 to 17 October 1949. Discussion on the third and final draft began on 14 November 1949 and the Constitution was passed on 26 November 1949.