Constitution: The Ultimate Law Book
26th January 2024 India celebrated its 75th Republic day with its astounding Republic day Parade envisaging the Military and Culture of the country. The Nation altogether has evolved in these Seventy Five years to a very different and a modern concept of a country. However the behaviour and approach towards the Idea of Nation building has been tweaked by the age old history of nation building in past. Drafting the constitution and bringing it to action was not an easy task yet it also had several trade-offs. As a democratic setup it was a duty of the drafting committee to look after every person’s idea of nation and its repercussions It was clear that some Idea’s were drastic and rigid in nature yet a few had the fluency of enabling the rigidity within the framework to enable discipline as well as convenience of governance. Taking a part in India’s new formation was not in everyone’s faith yet the people’s representatives and the provincial legislators got to form a constituent assembly and let them decide the faith of the nation. No wonder they accomplished a great deal known as the Constitution of India-315 Articles organised into 18 parts, along with 8 schedules resulting into the lengthiest and comprehensive constitutions of all.
The Mountbatten Plan formed a new and divided India, the dark period in India’s history which resulted into division amongst the ideologies, thought, religion, faith and identity. I believe that the highest impact due to the division was on Identity. A loss of WHO AM I? OR WHO WE ARE? Became of a great deal. Because the sense of divided nation made people question their origin wherein, Ones Origin cannot decide where one should revive his/her/their faith and future. 8 Million refuge’s and 500 Princely states marked an astounding effect on the formation of stable Administration. Everyone with different notion and thought made governance a critical issue of it’s time. Caste and Class differences due to all of these issues went on flames and made it difficult to derive behavioural change within the masses. People divided into rigid ideas of caste and deprived by oppression of class. However, to stabilise these indifferences a constitution as the ultimate law book that can serve justice and make democracy govern the nation was to be framed.
The framing Of the constitution started in December 1946 and continued till the November of 1949. A significant period in the history marking the rights to every section of the society. On the occasion of 13th December 1946 Pandit Jawaharlal Nehru quoted the Objectives Resolution that had an significant impact on several parts of the assembly.
Quoting Nehru:
“We say that it is our firm and solemn resolve to have an Independent sovereign republic. India is- bound to be sovereign, it is bound to be independent and it, is bound to be a republic. I will not go into the arguments about monarchy and the rest, but obviously we cannot produce monarchy in India out of nothing. It is not there. If it is to be an independent and sovereign State, we are not going to have an external monarchy and we cannot have a research for some local monarchies. It must inevitably be a republic. Now, some friends have raised the question: “Why have you not put in the word “democratic” here. Well, I told them that it is conceivable, of course, that a republic may not be democratic but the whole of our past is witness to this fact that we stand for democratic institutions. Obviously we are aiming at democracy and nothing less than a democracy. What form of democracy, what shape it might take is another matter? The democracies of the present day, many of them in Europe and elsewhere, have played a great part in the world’s progress. Yet it may be doubtful if those democracies may not have to change their shape somewhat before long if they have to remain completely democratic. We are not going just to copy, I hope, a certain democratic procedure or an institution of a so-called democratic country. We may improve upon it. In any event whatever system of Government. we may establish here must fit in with the temper of our people and be acceptable to them. We stand for democracy, It will be for this House to determine what shape to give to that democracy, the fullest democracy, I hope. The House will notice that in this Resolution, although we have not used the word ‘democratic’ because we thought it is obvious that the word ‘republic’ contains that word and we did not want to use unnecessary words and redundant words, but we have done something must more than using the word. We have given the content of democracy in this Resolution and not only the content of democracy but the content, if I may say so, of economic democracy in this Resolution. Others might take objection’ to this Resolution on the ground that we have not said that it should be a Socialist State. Well, I stand for Socialism and, I hope, India will stand for Socialism and that India will go towards the constitution of a Socialist State and I do believe that the whole world will have to go that way. What form of Socialism again is another matter for your considerations But the main thing is that in such a Resolution, if, in accordance with my own desire, I had put in, that we want a Socialist State, we would have put in something which may be agreeable to many and may not be agreeable to some and we wanted this Resolution not to be controversial in regard to such matters.”
A Ravishing speech that was made with complete precision of mindfulness and idea of Nehru about India as the upcoming Democratic Country. The Assembly did hold several give and take in the opinions shared during the speech yet it has been clearly marked that India now on will decide its own future and administer its own country, no other power can govern or administer the provinces of India.
Dr. B. R. Ambedkar as the Chairman of drafting committee, Chief Draftsman S. N. Mukherjee who specialised in legal language for complex proposals, B. N. Rao as the constitutional Advisor for political systems along with K.M. Munshi and Alladi Krishnaswami Aiyar formed the drafting committee, and Dr. Rajendra Prasad as the country’s first President was Speaker of The Assembly who played a vital role in keeping the discussion inline and focused. As well as Sardar Valabhai Patel was played an essential role by voting against the motion and putting forward opposing points of view to keep the conversation non discriminatory as well as fair on both sides. The constitution mentioned Universal Adult Franchise(Right to Vote for any Indian National above the age of 21 which was lowered to 18 in the 61st amendment of 1989) as a great move towards democratic setup. Then the Fundamental Rights(Rights To Constitutional Remedies) formulated the values of Liberty, Equality and Justice in Basic Human Rights for all the sections of the society making it mandatory to hold its nature of Democracy within the framework itself. After 104 Amendments, The Indian Constitution today stands with 12 schedules 25 parts and 448 Articles in total. 75 Years with 104 Amendments yet the Justice today still takes time to be served, although with its own specific reasons which will be further in upcoming articles Interpreted through inferences from the period of 1946 to 1940.
Constitution: The Ultimate Law Book
26th January 2024 India celebrated its 75th Republic day with its astounding Republic day Parade envisaging the Military and Culture of the country. The Nation altogether has evolved in these Seventy Five years to a very different and a modern concept of a country. However the behaviour and approach towards the Idea of Nation building has been tweaked by the age old history of nation building in past. Drafting the constitution and bringing it to action was not an easy task yet it also had several trade-offs. As a democratic setup it was a duty of the drafting committee to look after every person’s idea of nation and its repercussions It was clear that some Idea’s were drastic and rigid in nature yet a few had the fluency of enabling the rigidity within the framework to enable discipline as well as convenience of governance. Taking a part in India’s new formation was not in everyone’s faith yet the people’s representatives and the provincial legislators got to form a constituent assembly and let them decide the faith of the nation. No wonder they accomplished a great deal known as the Constitution of India-315 Articles organised into 18 parts, along with 8 schedules resulting into the lengthiest and comprehensive constitutions of all.
The Mountbatten Plan formed a new and divided India, the dark period in India’s history which resulted into division amongst the ideologies, thought, religion, faith and identity. I believe that the highest impact due to the division was on Identity. A loss of WHO AM I? OR WHO WE ARE? Became of a great deal. Because the sense of divided nation made people question their origin wherein, Ones Origin cannot decide where one should revive his/her/their faith and future. 8 Million refuge’s and 500 Princely states marked an astounding effect on the formation of stable Administration. Everyone with different notion and thought made governance a critical issue of it’s time. Caste and Class differences due to all of these issues went on flames and made it difficult to derive behavioural change within the masses. People divided into rigid ideas of caste and deprived by oppression of class. However, to stabilise these indifferences a constitution as the ultimate law book that can serve justice and make democracy govern the nation was to be framed.
The framing Of the constitution started in December 1946 and continued till the November of 1949. A significant period in the history marking the rights to every section of the society. On the occasion of 13th December 1946 Pandit Jawaharlal Nehru quoted the Objectives Resolution that had an significant impact on several parts of the assembly.
Quoting Nehru:
“We say that it is our firm and solemn resolve to have an Independent sovereign republic. India is- bound to be sovereign, it is bound to be independent and it, is bound to be a republic. I will not go into the arguments about monarchy and the rest, but obviously we cannot produce monarchy in India out of nothing. It is not there. If it is to be an independent and sovereign State, we are not going to have an external monarchy and we cannot have a research for some local monarchies. It must inevitably be a republic. Now, some friends have raised the question: “Why have you not put in the word “democratic” here. Well, I told them that it is conceivable, of course, that a republic may not be democratic but the whole of our past is witness to this fact that we stand for democratic institutions. Obviously we are aiming at democracy and nothing less than a democracy. What form of democracy, what shape it might take is another matter? The democracies of the present day, many of them in Europe and elsewhere, have played a great part in the world’s progress. Yet it may be doubtful if those democracies may not have to change their shape somewhat before long if they have to remain completely democratic. We are not going just to copy, I hope, a certain democratic procedure or an institution of a so-called democratic country. We may improve upon it. In any event whatever system of Government. we may establish here must fit in with the temper of our people and be acceptable to them. We stand for democracy, It will be for this House to determine what shape to give to that democracy, the fullest democracy, I hope. The House will notice that in this Resolution, although we have not used the word ‘democratic’ because we thought it is obvious that the word ‘republic’ contains that word and we did not want to use unnecessary words and redundant words, but we have done something must more than using the word. We have given the content of democracy in this Resolution and not only the content of democracy but the content, if I may say so, of economic democracy in this Resolution. Others might take objection’ to this Resolution on the ground that we have not said that it should be a Socialist State. Well, I stand for Socialism and, I hope, India will stand for Socialism and that India will go towards the constitution of a Socialist State and I do believe that the whole world will have to go that way. What form of Socialism again is another matter for your considerations But the main thing is that in such a Resolution, if, in accordance with my own desire, I had put in, that we want a Socialist State, we would have put in something which may be agreeable to many and may not be agreeable to some and we wanted this Resolution not to be controversial in regard to such matters.”
A Ravishing speech that was made with complete precision of mindfulness and idea of Nehru about India as the upcoming Democratic Country. The Assembly did hold several give and take in the opinions shared during the speech yet it has been clearly marked that India now on will decide its own future and administer its own country, no other power can govern or administer the provinces of India.
Dr. B. R. Ambedkar as the Chairman of drafting committee, Chief Draftsman S. N. Mukherjee who specialised in legal language for complex proposals, B. N. Rao as the constitutional Advisor for political systems along with K.M. Munshi and Alladi Krishnaswami Aiyar formed the drafting committee, and Dr. Rajendra Prasad as the country’s first President was Speaker of The Assembly who played a vital role in keeping the discussion inline and focused. As well as Sardar Valabhai Patel was played an essential role by voting against the motion and putting forward opposing points of view to keep the conversation non discriminatory as well as fair on both sides. The constitution mentioned Universal Adult Franchise(Right to Vote for any Indian National above the age of 21 which was lowered to 18 in the 61st amendment of 1989) as a great move towards democratic setup. Then the Fundamental Rights(Rights To Constitutional Remedies) formulated the values of Liberty, Equality and Justice in Basic Human Rights for all the sections of the society making it mandatory to hold its nature of Democracy within the framework itself. After 104 Amendments, The Indian Constitution today stands with 12 schedules 25 parts and 448 Articles in total. 75 Years with 104 Amendments yet the Justice today still takes time to be served, although with its own specific reasons which will be further in upcoming articles Interpreted through inferences from the period of 1946 to 1940.
VERY NICE RESEARCH SIR ☺️