Story of Every Indian : The Constitution Of India

After 1939, it was very clear to British government that rule in India will no longer remain same. Since then history took various twist and turns and finally in June 3, 1947 it was announced that by the August 15, 1947 British rule would come to end. This long awaited event was not as rosy as we are glorifying. It was tragic and possibly the most unfortunate in the human history of India and Pakistan. It was the division of a nation in two dominion followed be massacre and riots whose scars are still fresh.


As course of time moved, both nation began to formulate their constitution. The constitution of India is termed as the lengthiest constitution of the world, which is correct but could not be termed as criticism because no other nation as diverse as India have ever existed. We have possibly every sort of diversity one can imagine and even today our great nation holds all of them in one string. Indian constitution (in my opinion) is possibly only document which represented complete empirical validity of masses. Although it has various elements borrowed but all of them were mended, amended debated for the conditions of the India. That's why even today our constitution is Bhagwat Gita for Political Leaders, Bureaucrats and every citizen. If one need to see what truly India is, must go though the spirit of Constitution.

When eminent persons such as Jawaharlal Nehru, Dr. B. R Ambedkar, Dr. Rajendra Prasad, Krishana Swammy Aiyar, Saradar Vallabhi Patel and many others began to deliberate, subsequently pondered upon various questions :

1. Supremacy of Constitutional Assembly

Constitutional assembly formulated The Constitution Of India under the conditions of Cabinet Mission Plan (1946). Members of assembly had debated this issue vigorously and showed their concerns about how we are not free to formulate our constitution. The cabinet mission plan came with measures of interim mechanism of administration which is headed by Indian executive but did not have overriding power of British paramountcy. This means that British posses ample amount of power to derail or affect the Constitution Assembly (herein after CA) to draw favor for Britishers.

However, Jawaharlal Nehru intervened to ally the concern and said that the CA is the popular expression of public and people of nation. In the CA member of every community and caste was present, therefore it is not puppet of British but a bold expression of population.

2. Ideals of State

India's struggle for independence is not only the story of a fight for freedom but it is also a fight for the right. History has various explanations about socio-religious reform movement and emergence of intelligentsia, that in whole shaped the nature and ideals of the state. For instance Untouchability. 

India was always not a prominent figure in the history of slavery which is considered as the biggest tragedy in the history of mankind. However, India have long lasting (even today) track record of Untouchability. Gandhi ji took this issue and fought for the right (Poona Pact). Which resulted in the Article 17, The Abolition of Untouchability and made it a criminal offence through Prevention of Atrocities Act. (PoA).

3. Distribution of Franchise

India under British rule was not democratic and only 10% population enjoyed the rights of voting. This situation stipulates that few had right to decide for rest of population. This franchise was only distributed among the rich landlords and influential personalities. 

CA decided to distribute franchise on a larger scale. Now every Indian who so ever 18 years old and above can vote. This voting right made each and every person of nation to participate in the functioning of democracy and the governance of their nation.

However, CA decided to distribute this right not as Constitutional Right but as Legal Right.

4. Questions of minority and separate electorate

Minorities, who are less in number often found himself in position of disadvantage. This was completely understood and possibly experienced by every member of CA because Indian Council Act 1861, 1892 has enabled the participation of Indians in legislative procedure (often limited) but had always maintained official majority of Britishers which made the efforts of Indian a waste.

This however shaped the thinking the CA towards minority and they ventured to hear the voices of minorities and introduced measures for them wherever possible. 

However, In the pursuance of the concerns of minority some member advocated the use of separate electorate but this was strongly opposed because if minorities were given separate electorate they will never be able to found themselves a coherent part of society. They will always be treated as alien. Partition was also a result of separate electorate. Therefore they made special provision for minority rather than planted a seed of separate nation (bu giving separate electorate).

5. Nature of State

The most crucial and most agreed question among the members of CA. It was a time when horrific memories of partition was still fresh. This situation shaped entirely the nature of state. CA almost unanimously advocated "Strong Center". However degree of strongness was debatable. It was said that center must be as strong as possible. This means that center must not be over burdened with the responsibility and state should not be made too dependent. Reasonable autonomy will be provided for developmental issues. This autonomy came in as :
Union List : Exclusive for center to act and decide.

State List : Domain of State where center can't influence.

Concurrent List : Both center and state have power but center can override state.

This is how CA formulated the Supreme Law which is not a another piece of document but a living document, explaining the needs and deeds of nationals and paving the way for bright future, that's why it is a Story of Every Indian and will be Story of Every Indian. It is essentially a Modern Gita which came in existence due to dharma yudha of India's independence.