The Constitution at 75: A gift to the people of India at the onset of their journey as an independent nation

After World War II, it was wide that India would get state earlier the extremity of that decade. The Cabinet Mission Plan of 1946 envisaged the instauration of a Constituent Assembly that included representatives of the Congress, the Muslim League and the princely states to draught a constitution for a agreed India. Lord Wavell, the past Viceroy, made a fervent entreaty to these 3 parties to enactment unneurotic successful what helium called “the top and momentous experimentation successful the full past of the satellite – a caller Constitution to power the destiny of 400,000,000 people.”

Sadly, the Muslim League decided to boycott this Assembly which began its archetypal league connected December 9, 1946. The last draught of the Constitution was prepared implicit a play of 2 years, 11 months and 17 days. Out of 8 large committees, the drafting committee, nether the chairmanship of B R Ambedkar, was appointed connected August 29, 1947, and took 141 moving days to hole a last draught that initially consisted of 243 articles and 13 schedules. This committee had the invaluable assistance of B N Rau arsenic the law advisor and of S N Mukherjee arsenic the main draftsman of the Constitution.

Just a fortnight earlier, India had attained freedom, and Section 8 of the Indian Independence Act, 1947 enabled the Constituent Assembly to execute dual functions: To draught the caller Constitution and to relation arsenic the national legislature nether the Government of India Act, 1935. It is supremely ironic that the 1935 Act, which was condemned by the Congress successful 1936 became the ground of our Constitution.

Ambedkar presented this draught to the Constituent Assembly connected November 4, 1948. He explained wherefore the parliamentary strategy of authorities was being preferred to the statesmanlike signifier that prevailed successful the United States. India was besides to person a national operation but with greater powerfulness being fixed to the Union. He was astatine pains to constituent retired wherefore our Constitution, dissimilar others, was lengthy and detailed. In the United Kingdom, determination is nary written constitution but determination are established conventions that are scrupulously followed, arsenic portion of what is called “constitutional morality”. India was an babe nation, with nary conventions, and with a colonisation having respective languages, castes and religions. It was, therefore, indispensable to person a Constitution that acceptable out, successful large detail, the roles of the legislature, the enforcement and the judiciary.

The Constituent Assembly had outstanding ineligible experts and analysed the draught with large care. A full of 7,635 amendments were tabled and 2,473 were considered, resulting successful the last draught that had 395 articles and 8 schedules. Its 2 astir important features were the chapters connected Fundamental Rights and Directive Principles. Several of these provisions were adopted from the US, Australian, Canadian, Japanese and Irish constitutions. Indeed, nary different constitution successful quality past was prepared with truthful overmuch attraction to detail. Ambedkar’s code connected November 25, 1949, deserves to beryllium work successful full. After the draught Constitution was adopted the adjacent day, the Assembly was adjourned to January 26, 1950.

In its 75 twelvemonth journey, this marvellous papers has been amended astir 125 times. The quality to amend its provisions has proved to beryllium its strength. This has avoided rigidity and enabled it to accommodate to the changing needs of a divers society. The Constitution survived an effort to destruct it during the Emergency, peculiarly by the shameful 42nd amendment. The finest time successful its 75 twelvemonth beingness was April 24, 1973, erstwhile by a slender majority, the Supreme Court prohibited immoderate amendment that altered its basic structure oregon its indispensable features. The doctrine of basal operation has guaranteed that our Constitution volition surely observe its 100th birthday. It is present upto elected governments astatine the Centre and the states to enactment towards attaining the noble objectives acceptable retired successful the Directive Principles without compromising connected the Fundamental Rights of its citizens. The radical of India could not person received a amended acquisition astatine the opening of their travel arsenic an autarkic nation.

The writer is simply a elder advocate