<h5 id="1-a-tumultuous-time">1. A TUMULTUOUS TIME</h5> <ul> <li>The years leading to the creation of the Constitution were turbulent, marked by great hope and disappointment. Post-Independence, India was divided, and there were widespread movements against British rule, such as the Quit India struggle and the upsurge of the Royal Indian Navy.</li> <li>Despite these popular movements showing Hindu-Muslim unity, the Congress and Muslim League failed to reconcile religiously and promote social harmony, leading to the Great Calcutta Killings and communal riots.</li> <li>On Independence Day, 15 August 1947, Jawaharlal Nehru delivered a famous speech, stating that India would awake to life and freedom, but millions of refugees had to move due to violence and uprooting from their ancestral lands.</li> <li>A significant challenge for the new nation was the status of princely states, which covered one-third of the subcontinent, ruled by nawabs and maharajas. Their allegiance to the British Crown created ambiguity in their constitutional status post-Independence.</li> <li>As the Constituent Assembly met to frame the Constitution, the debates were influenced by the chaotic situation outside, including the aspirations of princely states for independent power.</li> </ul> <p>======</p> <h5 id="11-the-making-of-the-constituent-assembly">1.1 The making of the Constituent Assembly</h5> <ul> <li>The Constituent Assembly was not formed through universal franchise, but rather by election of provincial legislatures.</li> <li>The Congress party dominated the Assembly, capturing 82% of the seats after Muslim League boycott.</li> <li>Congress was not unified in opinion, with members differing on socialism, landlordism, communal parties, and secularism.</li> <li>Public opinions and debates influenced the Assembly’s discussions, with input from linguistic and religious minorities, and dalits.</li> <li>Cultural rights and social justice issues raised in public discussions were debated in the Assembly, shaping the consensus reached on specific issues.</li> </ul> <p>======</p> <h5 id="12-the-dominant-voices">1.2 The dominant voices</h5> <ul> <li> <p>The Constituent Assembly, with 300 members, had six prominent members who significantly contributed to its proceedings.</p> </li> <li> <p>These members included three Congress representatives: Jawaharlal Nehru, Vallabh Bhai Patel, and Rajendra Prasad, who played crucial roles in proposing the Objectives Resolution and the National Flag of India.</p> </li> <li> <p>B.R. Ambedkar, a lawyer and economist, served as the law minister and Chairman of the Drafting Committee of the Constitution, working alongside K.M. Munshi and Alladi Krishnaswamy Aiyar.</p> </li> <li> <p>Two civil servants, B. N. Rau and S. N. Mukherjee, provided vital assistance in preparing background papers and drafting the Constitution.</p> </li> <li> <p>Ambedkar guided the Draft Constitution through the Assembly, which took three years and resulted in eleven bulky volumes of recorded discussions, reflecting various conflicting ideas of India’s language, political and economic systems, and moral values.</p> </li> <li> <p>The political situation during the time may have shaped the nature of debates within the Constituent Assembly, as shown in Chapter 11. (Refer to the Fig. 12.5B for B. R. Ambedkar presiding over a discussion of the Hindu Code Bill.)</p> </li> </ul> <p>======</p> <h5 id="2-the-vision-of-the-constitution">2. THE VISION OF THE CONSTITUTION</h5> <ul> <li>Jawaharlal Nehru, in his speech, introduced the “Objectives Resolution” in the Constituent Assembly on 13th December 1946, outlining the defining ideals of the Constitution of Independent India.</li> <li>He proclaimed India to be an “Independent Sovereign Republic”, guaranteed its citizens justice, equality, and freedom, and assured adequate safeguards for minorities, backward and tribal areas, and Depressed and Other Backward Classes.</li> <li>Nehru mentioned that the Indian experiment was inspired by the historic efforts of the past, such as the American and French Revolutions, and the more recent Russian Revolution, seeking to learn from their successes and failures.</li> <li>He explained that the term “democratic” was not used in the Objectives Resolution because the word “republic” already contained the idea of democracy, and they did not want to use unnecessary words. They aimed at a system of government that would fit the temper of the Indian people and be acceptable to them.</li> <li>Nehru expressed his hope that India would stand for democratic institutions and aim at a full democracy, with the Constituent Assembly determining its shape. He also believed that the world would eventually have to move towards a Socialist State.</li> </ul> <p>======</p> <h5 id="21-the-will-of-the-people">2.1 The will of the people</h5> <ul> <li>Somnath Lahiri, a Communist member, urged the Constituent Assembly members and Indians in general to free themselves from British imperialism. He pointed out that the Constituent Assembly was British-made and was working out British plans.</li> <li>Jawaharlal Nehru expressed the spirit of the Indian people, stating that no imposition from the British would be accepted. However, Lahiri questioned when and how this challenge would be applied, as the Constituent Assembly was under the shadow of British guns, the British Army, and their economic and financial stranglehold.</li> <li>Nehru emphasized that the Constituent Assembly derived its strength from the will of the people, not from any State Papers or the British Government. He urged the Assembly to fulfill the passions of the Indian people and work towards democracy, equality, and justice.</li> <li>The Constituent Assembly was expected to express the aspirations of those who participated in the movement for independence. Democracy, equality, and justice were ideals associated with social struggles in India since the nineteenth century.</li> <li>Jawaharlal Nehru, in his speech on the Objectives Resolution, outlined the vision of an independent, sovereign Republic of India, with a Constitution that reflected the will of the Indian people, not the colonial government.</li> </ul> <p>======</p> <h5 id="3-defining-rights">3. DEFINING RIGHTS</h5> <ul> <li>The rights of individual citizens were to be defined through debate and clash of opinions in the Constituent Assembly.</li> <li>There were no collective answers to questions about special rights for oppressed groups or minorities.</li> <li>Nehru, in his inaugural speech, invoked the “will of the people” and the need to fulfill the “passions that lie in the hearts of the masses”.</li> <li>With the anticipation of Independence, different groups expressed their will in different ways, leading to debates and the need to reconcile conflicting ideas.</li> <li>A consensus on individual citizens’ rights and minorities’ rights could only be forged after thorough debate.</li> </ul> <p>======</p> <h5 id="31-the-problem-with-separate-electorates">3.1 The problem with separate electorates</h5> <ul> <li>B. Pocker Bahadur argued that separate electorates are necessary for minorities to have a meaningful voice in governance and to minimize differences between communities.</li> <li>Nationalists, such as Sardar Vallabh Bhai Patel and Govind Ballabh Pant, opposed separate electorates due to the following reasons: <ul> <li>They were introduced by the British to divide people.</li> <li>They cause continued civil war, riots, and violence, leading to the partition of the country.</li> <li>They isolate minorities, making them vulnerable and depriving them of an effective say in government.</li> </ul> </li> <li>Govind Ballabh Pant emphasized the importance of citizens acting as equal members of one State, regardless of community affiliations, to build political unity and forge a nation.</li> <li>Govind Ballabh Pant defined a loyal citizen as someone who is self-disciplined, cares for others, and has undivided loyalty to the State, with no rival loyalties to communities or personal interests.</li> <li>By 1949, most Muslim members of the Constituent Assembly agreed that separate electorates were not in the best interest of the minorities and that active participation in the democratic process was essential for a decisive voice in the political system.</li> </ul> <p>======</p> <h5 id="32-we-will-need-much-more-than-this-resolution">3.2 “We will need much more than this Resolution”</h5> <ul> <li>N.G. Ranga, a socialist leader, urged that the term minorities be interpreted in economic terms, with the real minorities being the poor and downtrodden.</li> <li>Ranga welcomed the legal rights granted by the Constitution but pointed out that it was meaningless for the poor in villages to know about their constitutionally enshrined rights if they didn’t have the protection and conditions to effectively enjoy them.</li> <li>Ranga highlighted the exploitation faced by tribal people, whose lands were being snatched away in the so-called free market, and who were turned into veritable slaves by various kinds of bonds.</li> <li>Ranga emphasized the need for much more than the Objectives Resolution to give the necessary protection to the real minorities, including the masses, villagers, and tribal people.</li> <li>Jaipal Singh, a gifted orator and representative of the tribals, spoke about the continuous exploitation and dispossession faced by his people for the last 6,000 years and made a plea for breaking the emotional and physical distance that separated the tribals from the rest of society.</li> <li>Singh felt that reservation of seats in the legislature was essential to allow tribals to represent themselves and ensure conditions that could help them come up to the level of the general population.</li> </ul> <p>======</p> <h5 id="33-we-were-suppressed-for-thousands-of-years">3.3 “We were suppressed for thousands of years”</h5> <ul> <li>The Depressed Castes demanded the removal of social disabilities and equality, not just protection and safeguards. They highlighted that their disabilities were caused by the social norms and moral values of caste society.</li> <li>The Depressed Castes were not a minority, but formed 20-25% of the total population, and had been systematically marginalized, with no access to education or share in administration.</li> <li>Hansa Mehta of Bombay demanded justice for women, not reserved seats or separate electorates, but social, economic, and political justice, and equality as the basis of mutual respect and understanding.</li> <li>Ambedkar, who had previously demanded separate electorates for the Depressed Castes, no longer argued for them after the Partition violence.</li> <li>Jaipal Singh, demanding protective measures for the tribals, argued that they were the most backward and deserved special consideration, and that they were the original inhabitants of the land, entitled to protection from exploitation.</li> </ul> <p>======</p> <h5 id="4-the-powers-of-the-state">4. THE POWERS OF THE STATE</h5> <ul> <li>The powers of the state were a topic of intense debate in the Constituent Assembly.</li> <li>The Draft Constitution outlined three lists of subjects: Union, State, and Concurrent, with the Union having control over more items than other federations.</li> <li>The Union also had control over minerals and key industries, and Article 356 gave the Centre the power to take over a state administration on the Governor’s recommendation.</li> <li>A complex system of fiscal federalism was mandated, with the Centre retaining all proceeds from certain taxes, sharing proceeds from others, and assigning some taxes wholly to the states.</li> <li>The states could levy and collect certain taxes, including land and property taxes, sales tax, and tax on bottled liquor.</li> </ul> <p>======</p> <h5 id="41-the-centre-is-likely-to-break">4.1 “The centre is likely to break”</h5> <ul> <li>K. Santhanam from Madras defended the rights of the states and proposed a reallocation of powers to strengthen both the states and the Centre.</li> <li>Santhanam argued that overburdening the Centre with responsibilities would weaken it, and that relieving it of some functions would make it stronger.</li> <li>He believed the proposed allocation of powers would cripple the states, as most taxes, except land revenue, had been made the preserve of the Centre, and without finances, states could not undertake development projects.</li> <li>Santhanam predicted a dark future, with provinces rising in revolt against the Centre, if the proposed distribution of powers was adopted without further scrutiny.</li> <li>Other members from the provinces echoed Santhanam’s fears, advocating for fewer items on the Concurrent and Union lists, as they believed the Centre was likely to break due to excessive centralisation of powers.</li> </ul> <p>======</p> <h5 id="42-what-we-want-today-is-a-strong-government">4.2 “What we want today is a strong Government”</h5> <ul> <li>The need for a strong center was emphasized due to the occurrence of riots and violence in the nation, with the aim of enabling it to stop the communal frenzy.</li> <li>A strong center was considered necessary to plan for the country’s well-being, mobilize economic resources, establish proper administration, and defend against foreign aggression.</li> <li>The Congress had agreed to grant considerable autonomy to the provinces before Partition to assure the Muslim League of non-interference by the Center.</li> <li>However, after Partition, most nationalists changed their position due to political pressures for a decentralized structure no longer being present.</li> <li>The violence of the times further pushed centralization, seen as necessary to prevent chaos and plan for the country’s economic development.</li> <li>The Constitution showed a distinct bias towards the rights of the Union of India over those of its constituent states, reflecting the preference for a strong center.</li> </ul> <p>======</p> <h5 id="5-the-language-of-the-nation">5. THE LANGUAGE OF THE NATION</h5> <ul> <li>The nation faced a challenge in forging unity due to diverse languages spoken in different regions, each with its own cultural heritage.</li> <li>The Congress had accepted Hindustani as the national language by the 1930s, a blend of Hindi and Urdu, which was widely understood by people from various regions.</li> <li>Mahatma Gandhi advocated for a national language that was a happy combination of Hindi and Urdu, admitting words from different regional languages and foreign languages, thereby becoming a rich and powerful instrument of expression.</li> <li>Hindustani, as a language, had been gradually changing with communal conflicts leading to a move to Sanskritise Hindi and Persianise Urdu, associating language with religious identities.</li> <li>Mahatma Gandhi retained his faith in the composite character of Hindustani, believing it could unify diverse communities, including Hindus and Muslims, and people of the north and the south.</li> </ul> <p>======</p> <h5 id="51-a-plea-for-hindi">5.1 A plea for Hindi</h5> <ul> <li>R.V. Dhulekar, a Congressman from the United Provinces, strongly advocated for Hindi to be used as the language of constitution-making in the Constituent Assembly.</li> <li>The Language Committee of the Constituent Assembly proposed a compromise that Hindi in the Devanagari script would be the official language, but the transition to Hindi would be gradual, with English continuing to be used for all official purposes for the first fifteen years.</li> <li>Dhulekar, however, wanted Hindi to be declared not only an Official Language but a National Language, attacking those who opposed it and mocking those who suggested Hindustani as the national language.</li> <li>His insistence on Hindi as the national language and his tone during the argument perturbed many members of the Assembly.</li> <li>The Committee hoped that referring to Hindi as the official rather than the national language would placate ruffled emotions and arrive at a solution that would be acceptable to all.</li> </ul> <p>======</p> <h5 id="52-the-fear-of-domination">5.2 The fear of domination</h5> <ul> <li>In 1945, the Labour Government came into power in Britain, and general elections were held in India.</li> <li>In 1946, the Cabinet Mission announced its constitutional scheme on May 16, which was accepted by the Muslim League on June 16. The same day, the Cabinet Mission presented a scheme for the formation of an Interim Government at the Centre.</li> <li>On August 16, 1946, the Muslim League announced Direct Action Day, while the Congress formed the Interim Government with Nehru as the Vice-President on September 2. The Muslim League decided to join the Interim Government on October 13.</li> <li>Between December 3-6, 1946, talks between the British Prime Minister, Attlee, and some Indian leaders failed. The Constituent Assembly began its sessions on December 9, 1946.</li> <li>In 1947, the Muslim League demanded the dissolution of the Constituent Assembly on January 29, and the last meeting of the Interim Government was held on July 16. Jinnah was elected President of the Constituent Assembly of Pakistan on August 11, and Pakistan gained independence on August 14, with celebrations in Karachi. India celebrated Independence on August 14-15, 1947, and the Constitution was signed in December 1949.</li> </ul> <p>======</p> <h5 id="answer-in-100-150-words">ANSWER IN 100-150 WORDS</h5> <ul> <li>The Objectives Resolution expressed ideals such as sovereignty residing in the people, the establishment of a republic, and the promotion of fraternity amongst all communities.</li> <li>The term ‘minority’ was defined differently by various groups. Some defined it as a community that is numerically inferior, while others saw it as a community that is socially or educationally backward.</li> <li>Arguments in favour of greater power to the provinces included the need for decentralization, the preservation of regional identities, and the efficient management of local resources.</li> <li>Mahatma Gandhi advocated for Hindustani as the national language due to its wide acceptance and usage across various regions and communities in India. He believed that it would foster unity and inclusivity.</li> </ul> <p>======</p> <h5 id="write-a-short-essay-250-300-words-on-the-following">WRITE A SHORT ESSAY (250-300 WORDS) ON THE FOLLOWING:</h5> <ul> <li>The vision of the Constitution was shaped by historical forces such as the nationalist movement, the socio-economic conditions, and the political context of the time. The nationalist movement led to the demand for a Constitution that would reflect the aspirations of the Indian people. The socio-economic conditions, marked by poverty, illiteracy, and caste discrimination, necessitated the inclusion of provisions for social justice and equality. The political context, characterized by the partition of India and the integration of princely states, required a strong Centre to maintain unity and stability.</li> <li>Different arguments were made in favour of the protection of oppressed groups. One argument was that the Constitution should guarantee equal rights and opportunities to all citizens, regardless of their caste, religion, or gender. This would help to uplift the oppressed groups and ensure their participation in the democratic process. Another argument was that the Constitution should provide for affirmative action, such as reservations in education and employment, to enable the oppressed groups to overcome historical disadvantages.</li> <li>Some members of the Constituent Assembly made a connection between the political situation of the time and the need for a strong Centre. They argued that a strong Centre was necessary to maintain unity and stability in a diverse and complex country like India. A strong Centre would also be able to address the challenges of nation-building, such as economic development, defence, and foreign policy.</li> <li>The Constituent Assembly sought to resolve the language controversy by adopting a two-language formula. Hindi was to be the official language of the Union, while English was to continue to be used for official purposes for a period of fifteen years. After this period, Hindi was to become the sole official language. However, provision was made for the continued use of English for official purposes beyond this period, if the States so desired. The Constitution also recognized the regional languages of India and provided for their development.</li> <li>The Constituent Assembly aimed to create a Constitution that would reflect the principles of democracy, socialism, and secularism. It sought to balance the interests of the individual and the state, and to provide for the protection of fundamental rights and the promotion of social justice. The Constitution was also designed to be flexible and adaptable, so as to meet the changing needs of the country.</li> </ul> <p>======</p> <h5 id="map-work">MAP WORK</h5> <ul> <li>The current political map of India indicates different languages spoken in each state, with one language designated as the official language for communication.</li> <li>Comparing with a map from the early 1950s, you would notice differences in state boundaries and language distribution due to the reorganization of states based on linguistic lines.</li> <li>This demonstrates the significant relationship between language and the organization of states in India.</li> <li>The reorganization aimed to provide a better system of administration and to minimize linguistic conflicts.</li> <li>The present-day map reflects the linguistic diversity of India and the importance of promoting unity in diversity.</li> </ul> <p>======</p> <h5 id="project-choose-one">PROJECT (CHOOSE ONE)</h5> <ul> <li> <p>The chosen constitutional change is the implementation of the Goods and Services Tax (GST) in India. It was introduced to reform the indirect tax structure by unifying the central and state taxes into a single tax. The change was made to remove the cascading effect of taxes and to simplify the tax system.</p> </li> <li> <p>The GST was a significant change that received mixed reactions. Supporters argued that it would reduce tax evasion, increase revenue, and create a single market. However, opponents claimed that it would increase the tax burden on the poor and small businesses.</p> </li> <li> <p>The historical background of the GST can be traced back to the 1990s when the idea of a single tax was first proposed. It took several years and various committees to finalize the GST structure and roll it out in 2017.</p> </li> <li> <p>The Constitutional Assembly Debates provide insights into the discussions and debates surrounding the GST. The debates reveal that there were concerns about the impact of GST on the federal structure, revenue sharing between the center and states, and the readiness of the IT infrastructure.</p> </li> <li> <p>Comparing the Indian Constitution with the Constitution of America, France, or South Africa, one can find both differences and similarities in the themes of secularism, minority rights, and relations between the center and states. For instance, the Indian Constitution is a secular document that guarantees minority rights, similar to the Constitution of France. However, the Indian Constitution has a federal structure with a strong center, unlike the Constitution of America, which has a more decentralized system.</p> </li> <li> <p>These differences and similarities are linked to the histories of the regions. The Indian Constitution was shaped by its struggle for independence, the need to maintain unity in diversity, and the challenges of economic development. Similarly, the Constitution of America was influenced by the principles of democracy, federalism, and individual liberty, while the Constitution of France was shaped by the ideals of the French Revolution.</p> </li> </ul> <p>======</p>