• What was the background of 7 members of the Drafting Committee? Why mainly lawyers? Why Indian Constitution is a borrowed one? Is it time to have a Desi Constitution? Unknown facts about Ambedkar.

The Constitution is much talked about now days. In earlier articles I wrote How Indian is the Indian Constitution and What could the Preamble of the Constitution be

In his book The Colonial Constitution Dr Arghya Sengupta, Research Director at Vidhi Centre for Legal Policy wrote, “A significant portion of the Government of Act 1935 made it, unchanged, to the final version of the Constitution adopted by the Assembly in November 1948. The cognitive dissonance was astounding.” 1 Pg. 27

Also, Senior Advocate Arvind Datar wrote, “It is interesting to note that Article 26 is derived from Article 44 of the Irish Constitution, 1937. This Article 44, in turn, was based on Article 114 of the Constitution of Poland, 1921.” The concept of religious denomination is of Judeo-Christian origin and used in the context of defined denominations that exists in Christianity yet we apply it to India, where followers of Dharma are in majority.

Pratap Bhanu Mehta and Others wrote in the MINT, “In the closing debates of the Constituent Assembly, we notice the criticism that the Constitution bore little resemblance to Indian ways of thinking about the law. Instead, it represented an amalgam of many sources and traditions. For instance, it was profoundly shaped by the system of English Common Law that had effectively been institutionalised in India. It bore a deep imprint of the Government of India Act 1935. It borrowed Directive Principles of State Policy from the Irish Constitution, and was influenced by the American debates over due process—all made to serve distinctly Indian political challenges.”

Why did the drafting committee (DC) draw the constitution from the GOI Act 1935, Judeo-Christian concepts and foreign constitutions? This got me interested to ascertain the background of the DC members because that would influence their thoughts.

First, Introduction to Constitution Making process

The Objectives Resolution was introduced by Nehru in the Constituent Assembly on 13/12/1946. To read This was when the Scheme for Partition was not yet finalised. Should the resolution have changed because of Partition?

The Constituent Assembly (CA) appointed a number of committees to consider and report on various important matters. By August 1947, the broad principles as set out in the recommendations of these committees had been discussed in the CA.

The Constitutional Advisor, Sir Benegal Narsing Rau, undertook preparation of a draft embodying the decisions of the CA based on committee reports. The first draft was prepared by Constitutional Advisor B N Rau in October 1947. Almost every clause of this draft had a marginal note giving references to the corresponding provisions in other constitutions or in the Government of India (GOI) Act 1935.

The draft Constitution was placed in public domain in February 1948.

Rajendra Prasad, President of the Constituent Assembly set up the Drafting Committee – headed by Ambedkar to review the draft prepared by Advisor Rau and present a revised draft to the Assembly. Nehru wanted British jurist I Jennings to head the committee but Gandhi had his way.

The DC comprised of Alladi Krishnaswami Ayyar, N  Gopalaswami Ayyangar; B.R. Ambedkar, K.M Munshi, Mohammed Saadulla, B.L. Mitter and D.P. Khaitan. Source When Khaitan died T T Krishnamachari was nominated. N Madhava Rau replaced B L Mitter who resigned due to ill health.

“The Constitution was a collective enterprise of all its framers.” 1 Pg. 189

There is more to India than the Taj – East, Central. 

Read on for background of DC members

The author of Objectives Resolution Nehru, “was educated at a number of elite institutions including Harrow School and Trinity College, Cambridge. He trained in law at Inner Temple, London.” Source Later Nehru enrolled himself as an advocate at the Allahabad High Court.

1. Dr Ambedkar, Finance/Law/Economics – “He submitted a thesis on the finances of the East India Company for an MA degree. He graduated from the London School of Economics with a DSc (Doctor of Science). He returned to Columbia to get a doctorate.” He also studied Law at London’s Gray Inn. Read  About Ambedkar Education. To read about his education in detail

His stay in Europe and U.S. influenced him.

2. A K Ayyar, Lawyer – “A K Ayyar was born on 14th May 1883 in Pudur village, Andhra Pradesh. He studied history at Madras Christian College and obtained a B.L. degree after attending classes during his free time. He became a prominent member of the Bar and was appointed as the Advocate-General of Madras State from 1929 to 1944 at the age of 45.” Source

In his concluding speech in 1949 Ambedkar said, “There were in the Drafting Committee men bigger, better and more competent than myself such as my friend Sir A K Ayyar.” Source

3. N G Ayyangar, Civil Service – “N G Ayyangar was born on 31 March 1882 in Tanjore, Madras. He studied at the Wesley School and later at Presidency College, Madras. In 1905, he joined the Madras Civil Service.” Source  He was Prime Minister of Kashmir 1937 to 1943 and a distinguished administrator.

4. K M Munshi, Lawyer and Indic – remembered today more as Founder of the Bharatiya Vidhya Bhavan. He was Editor of the eleven volumes of The History and Culture of the Indian People, a monumental work. He was a prolific writer, social reformer and freedom fighter. Bhavan was founded in 1938

“K.M. Munshi was born on 30th December, 1887 at Bharuch in Gujarat. He completed his schooling in Khan Bahadur Dalal School, after which he pursued his college education in Baroda College. He was particularly drawn by the views of Sri Aurobindo Ghosh. In the year 1907, he moved to Bombay to practice law.” Source

5. M Saadulla, Lawyer – He was a lawyer and leader of Muslim League in Assam. “His interventions in the Assembly revolved around securing Assam’s financial stability, and minority rights.” Source

6. T T Krishnamachari, Businessman – “Tiruvallur Thattai Krishnamachari was born on 26 November 1899 to a Madras High Court judge. He received his education from Madras University. Krishnamachari became a member of the Madras Legislative Assembly in 1937 and of the Central Legislative Assembly in 1942. In the Assembly, he intervened on the issues of freedom of speech and emergency provisions, among others.” Source

7. N Madhava Rau, Lawyer/Administrator – “He was born in 1887 and obtained degrees from Noble College, Masulipatam and Government Law College, Madras. He was also involved in the drafting of the Government of India Act, 1935. In early 1946 he was the Constitutional Adviser to the Princely States in Orissa. Later, in July 1947, he joined the Constituent Assembly from the Orissa Princely States.” Source

Out of 7 members of the DC, five were lawyers, one businessman and one with civil services background. Some questions that come to mind are – 

Was pre-dominance of lawyers by design or choice? After all, law then and today is western jurisprudence. Should there have been more members with an Indic background?

Why was the Indian Constitution a borrowed one?

Around 1947-48, India was grappling with so many issues like Partition and its aftermath. Our leaders perhaps thought, it was wise to carry on with the existing framework.

Since Independent India chose to follow a Westminster (parliamentary system adopted from the British) style it had only the West to look up to. There was no prior experience and other countries to look up to.

Whilst addressing the Constituent Assembly on 4 November, 1948, Ambedkar said, “It is said that there is nothing new in the draft Constitution, that half of it has been copied from the GOI Act of 1935 and the rest of it has been borrowed from the constitutions of other countries. One likes to ask whether there can be anything new in a constitution framed at his hour in the history of the world.” 2

Ambedkar with second wife maiden name Dr Sharda Kabir.

Two unknown facts about Ambedkar

Ambedkar’s teacher in High School, a Brahmin loved him so much that daily he would drop into the hands of Bhim a part of his meal – boiled rice, eggs, rice, bread and vegetables. Bhim drew his surname Ambavadkar from his village Ambavade. Due to love for Bhim the Brahmin teacher changed Bhim’s surname in school records to his own i.e. Ambedkar. Dr Ambedkar Life and Mission by Padma Bhushan Dhananjay Keer. Read  Were Backward Classes always suppressed in India

Ambedkar’s second wife was a Brahmin. D Keer wrote, “He now felt the need for a companion who would attend to him in his old age.” 3 Pg. 402 They got married in 1948. She was 39 and he 57. Her maiden name was Dr Sharda Kabir. “In an unpublished preface of The Buddha and His Dhamma, Dr BRA credited her for extending his life by 8 to 10 years.” Source Read   Ambedkar and Brahmins

Today, some political parties say amending the Constitution is an insult to Ambedkar. But was it Ambedkar’s Constitution?

No community can claim to own the Constitution. Political parties must note that the Constitution was amended 106 times since its promulgation in 1950.  So insult to Ambedkar is rhetoric. Further, Ambedkar himself did not claim sole credit. 

Dr Ambedkar’s 25/11/1949 speech in the CA, “The credit that is given to me does not belong to me. It belongs partly to Sir B.N.Rau, the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of the drafting committee. 2 Pg. 937-938

Dr Sengupta wrote on Pg. 176 quoting Ambedkar, “The principles embodied in the Constitution are the views of the present generation or if you think this to be an overstatement, I say they are the views of the members of the Constituent Assembly.” 1

Could the Drafting Committee have drawn on Indic sources in Constitution drafting?

Yes. The Indian Civilization far preceded others. There was much if one wanted to adopt and adjust for current conditions. For example –

1. Political organization of the Chola Kings

2. Judicial system of the Marathas

3. How Democracy evolved in India

4. Rediscovering India by Dharampalji is a must read

5. Science of Governance by Swami Dayanand Saraswati

6. Excerpts from Maharshi Aurobindo’s writings 1905 onwards, to know Bharat  

7. Town Planning and Public Administration – Arthashastra

8. Culture is at the root of Indian Nationhood

9. Human Rights in Sanatana Dharma

For example here is an Indic Preamble?

The proposed preamble could start with “WE, THE PEOPLE OF INDIA, shall STRIVE to live by and follow - Dharma, Divinity, Samman, Sahayak, Daya, Swatantra Soch, Ekagrata, Deshbhakti and Anushashan.” To read more

Some say today that the Constitution is a Holy Book?

It is not a Holy Book. Bharat is the land of multiple holy books. It has never been governed by one book.

But, what is a Holy Book?

Constitutions throughout the world are the results of collective human effort. But to consider any such human endeavor as a sacred or holy mission is to mix up the categories of the secular and the idea of the Holy. Holiness is universal and the fruits of sanctity are for all humanity.

Constitutions are for a particular nation. To use the nomenclature 'holy' for any constitution does not do credit to anyone. All major religions have their holy texts. By definition, holy books are revealed by the Supreme Godhead for mukti purposes. Conversely, the Indian Constitution was written by lawyers and or those who fought for the nation’s freedom.  

Moreover, Bharat is the land of Sanatana Dharma that was founded by numerous Rishis and Yogis. SD is not based on history centric systems and does not depend on a founder for its existence. Read  Comparing Indic vs. Abrahamic Faiths – A Primer

Food for thought

How Bharatiya is our constitution? How adapted is a Western system of justice and law to Indian culture, ethos, identity and practice? Is the Supreme Court motto, यतो धर्मस्ततो जयः Yato Dharmah Tato Jayah, Where there is Righteousness (Dharma), there is Victory (Jaya), reflected in the Constitution?

These questions are worth pondering over by every well-meaning Indian.

Based on the experience of 70 plus years, is it time for Bharat to have a Desi constitution that is relevant and easily understood?

Be in the 1940s, or today Lawyers are a preferred lot for e.g. they do not have to register under Good and Services Tax.  Nothing personal against lawyers. Focus on issue. 

In case of any errors, it is without malafide intent. Happy to stand corrected.

References

1. The Colonial Constitution Dr Arghya Sengupta.

2. The Framing of India’s Constitution (Volume 3) Editor B. Shiva Rao

3. Dr. Ambedkar Life and Mission’ by Dhananjay Keer

Also read

1. Stages of Constitution Making

2. Untouchability was a key parameter used by the British to identify Scheduled Caste

3. When caste was not a bad word