Before November 26, 1949, India was an independent country, but it was not completely free as the British legal system was still in place. On November 26, 1949, when the Indian Constitution was adopted, it marked the implementation of everything under the Constitution across the country. In a country with such diversity and culture, which believes in democracy, there was a need to create a framework that would govern everyone. This day is also a way to honor the ‘Father of the Indian Constitution’ for future generations, so that it can be understood how difficult the task of drafting the Constitution was.
Unfortunately, many people in the country are unaware of the group that drafted the document we now know as the Indian Constitution. Dr. Rajendra Prasad was the president of the committee, and H.C. Mukherjee was the vice president. Along with six other individuals, Dr. B.R. Ambedkar was appointed as the chairman of the Drafting Committee on August 29, 1947. The Constitution we see and use today was created by the respected Dr. Ambedkar. Not only did he draft the Constitution and lead the Drafting Committee, but he also participated in numerous debates and discussions in the Constituent Assembly, where he answered questions raised about the Constitution.
On 25th November 1949, a day before the adoption of the Constitution, Dr. Ambedkar strongly argued that India should strive to become a social democracy and not merely a political democracy. Social democracy, he said, “is a way of life that recognizes liberty, equality, and fraternity as the principles of life.” To understand any country, one must look at its laws; in India, the Constitution serves as the foundation for creating any Act, by-law, or Code to govern the nation. It was drafted in such a way that it could aid in interpretation and still enforce equality in every aspect of the law. The Indian Constitution has approximately 448 Articles dedicated to defining equality in every possible way.
The entire part of the Indian Constitution defines the fundamental rights of every individual in this country, ensuring that these rights cannot be denied to anyone based on their gender, caste, religion, or race. This is why everyone feels empowered and protected under the law. These rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the right to constitutional remedies, and the right to culture and education. The Constitution states that the government will have a parliamentary system with a federal structure and certain unitary features. The President will be the constitutional head of the executive and its unions. Article 79 of the Constitution of India states that the council will consist of the President and two houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). According to Article 74(1) of the Constitution, there will be a Council of Ministers with the Prime Minister, who will assist the President in their duties and provide advice that will govern with the advice considered. Thus, the real executive power lies with the Prime Minister and the Council of Ministers.
Dr. Ambedkar was a visionary who ensured the rights of all through the Constitution. Article 16(2) of the Indian Constitution states that no citizen shall be deemed ineligible or discriminated against in respect of any employment or office under the State solely on the grounds of religion, caste, sex, descent, place of birth, residence, or any of these. It directs both the government and citizens alike that discrimination based on caste or gender will not be tolerated, as it is a fundamental right of every individual to be treated equally.
In addition, he introduced Article 16(4), which states that nothing in this article shall prevent the State from making provisions for the reservation of appointments or posts in favor of any backward class of citizens that, in the opinion of the State, is not adequately represented in public services. This was added to secure positions or reserve opportunities for those who had been unjustly deprived over the years, such as Scheduled Castes, Scheduled Tribes, and women. It was a response to centuries of oppression in the name of maintaining the social hierarchy.
Another remarkable feature of the Indian Constitution is that Dr. Ambedkar ensured its provisions were kept flexible, allowing amendments to be made as per the needs arising with changing times. This is yet another reason that enhances the respect and admiration for this visionary. As the architect of our Constitution, he not only advocated for the rights of Scheduled Castes and Scheduled Tribes but also fought extensively for women’s rights in the country, granting them social justice and economic freedom.
This achievement did not come without a thorough analysis of the nation’s needs. To accomplish this, eight key committees were actively involved, each focusing on specific areas, working to draft reports and present them to the Constituent Assembly. These committees were:
1. The Union Powers Committee was presided over by Pandit Jawaharlal Nehru.
2. The Union Constitution Committee was presided over by Pandit Jawaharlal Nehru.
3. The Provincial Constitution Committee presided over by Sardar Patel.
4. Drafting Committee presided by Dr. B.R. Ambedkar.
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas presided by Sardar Patel. This committee had the following five sub-committees:
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- Fundamental Rights Sub-Committee with J.B. Kripalani as the Chairman.
- North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas SubCommittee with Gopinath Bardoloi as the Chairman.
- Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee that had A.V. Thakkar as the Chairman.
- North-West Frontier Tribal Areas Sub-Committee.
6. Rules of Procedure Committee presided over by Dr. Rajendra Prasad.
7. States Committee (Committee for Negotiating with States) presided over by Pandit Jawaharlal Nehru.
8. The Steering Committee was presided over by Dr. Rajendra Prasad.
Every draft of the constitution went under scrutiny and criticism; debates were held questioning every mentioned point. The draft went through a lot of discussions as to how and why the sections or laws were added to them by various intellectuals and patriots. It also allowed the public to participate and make comments which were taken into consideration while making the second draft; the second draft was released in October 1948 and underwent the same process. Finally, the Preamble was adopted on 26th November 1949, which led to the adoption of the Indian constitution. The Indian Constitution was created to provide justice and opportunities to the most remote and last person that lived on the Indian land. Even though it might not have been successful in the same.
The Indian Constitution was crafted with the idea of providing justice and opportunities to even the most remote and marginalized individual living on Indian soil. Although we may not have fully succeeded in this endeavor, we have not given up either.
This day is celebrated to remind everyone of the dream that Dr. Ambedkar envisioned and his vision for India—a nation where every individual is respected and treated equally. A time when the innocent is not victimized by the same laws that were designed to protect them. Slowly but steadily, we are moving toward that vision.
– Vijendra Sonawane (Vijendra.Sonawane@ssfoffice.in)
References:
- http://www.drambedkar.co.in/books/constitution-of-india/
- https://blog.ipleaders.in/making-constitution-india-detailed-analysis/