WHY DO WE NEED A CONSTITUTION?

The South African example is a good way to understand why we

need a constitution and what do constitutions do. The oppressor and
the oppressed in this new democracy were planning to live together
as equals. It was not going to be easy for them to trust each other.
They had their fears. They wanted to safeguard their interests. The
black majority was keen to ensure that the democratic principle of
majority rule was not compromised. They wanted substantial social
and economic rights. The white minority was keen to protect its
privileges and property. After long negotiations both parties agreed
to a compromise. The whites agreed to the principle of majority rule
and that of one person one vote. They also agreed to accept some
basic rights for the poor and the workers. The blacks agreed that
majority rule would not be absolute. They agreed that the majority
would not take away the property of the white minority. This
compromise was not easy. How was this compromise going to be
implemented? Even if they managed to trust each other, what was
the guarantee that this trust will not be broken in future? The only
way to build and maintain trust in such a situation is to write down
some rules of the game that everyone would abide by. These rules
lay down how the rulers are to be chosen in future. These rules also
determine what the elected governments are empowered to do and
what they cannot do. Finally these rules decide the rights of the
citizen. These rules will work only if the winner cannot change them
very easily. This is what the South Africans did. They agreed on some
basic rules. They also agreed that these rules will be supreme, that
no government will be able to ignore these. This set of basic rules is
called a constitution. Constitution making is not unique to South
Africa. Every country has diverse groups of people. Their relationship
may not have been as bad as that between the whites and the blacks
in South Africa. But all over the world people have differences of
opinion and interests. Whether democratic or not, most countries in
the world need to have these basic rules. This applies not just to
governments. Any association needs to have its constitution. It could
be a club in your area, a cooperative society or a political party, they
all need a constitution. Thus, the constitution of a country is a set of
written rules that are accepted by all people living together in a
country. Constitution is the supreme law that determines the
relationship among people living in a territory (called citizens) and
also the relationship between the people and government. A
constitution does many things:

 First, it generates a degree of trust and coordination that is

necessary for different kind of people to live together;
 Second, it specifies how the government will be constituted, who
will have power to take which decisions;
 Third, it lays down limits on the powers of the government and
tells us what the rights of the citizens are; and
 Fourth, it expresses the aspirations of the people about creating a
good society. All countries that have constitutions are not
necessarily democratic. But all countries that are democratic will
have constitutions. After the War of Independence against Great
Britain, the Americans gave themselves a constitution. After the
Revolution, the French people approved a democratic
constitution. Since then it has become a practice in all
democracies to have a written constitution.

MAKING OF THE INDIAN CONSTITUTION

Like South Africa, India’s Constitution was also drawn up under very
difficult circumstances. The making of the constitution for a huge and
diverse country like India was not an easy affair. At that time the
people of India were emerging from the status of subjects to that of
citizens. The country was born through a partition on the basis of
religious differences. This was a traumatic experience for the people
of India and Pakistan. Atleast ten lakh people were killed on both
sides of the border in partition related violence. There was another
problem. The British had left it to the rulers of the princely states to
decide whether they wanted to merge with India or with Pakistan or
remain independent. The merger of these princely states was a
difficult and uncertain task. When the constitution was being
written, the future of the country did not look as secure as it does
today. The makers of the constitution had anxieties about the
present and the future of the country.

GUIDING VALUES OF THE INDIAN CONSTITUTION

The Dream and the Promise

The Dream and the Promise some of you may have noticed a name
missing from the sketches of the makers of the constitution:
Mahatma Gandhi. He was not a member of the Constituent
Assembly. Yet there were many members who followed his vision.
Years ago, writing in his magazine Young India in 1931, he had spelt
out what he wanted the Constitution to do:

I shall strive for a constitution which will release India from all
thralldom and patronage … I shall work for an India in which the
poorest shall feel that it is their country in whose making they have
an effective voice; an India in which there shall be no high class and
low class of people; an India in which all communities shall live in
perfect harmony. There can be no room in such an India for the curse
of untouchability or the curse of the intoxicating drinks and drugs.
Women will enjoy the same rights as men … I shall be satisfied with
nothing else.
This dream of an India that has eliminated inequality was shared by
Dr. Ambedkar, who played a key role in the making of the
Constitution but he had a different understanding of how
inequalities could be removed. He often bitterly criticised Mahatma
Gandhi and his vision. In his concluding speech to the Constituent
Assembly he stated his anxiety very clearly:

On the 26th of January 1950 we are going to enter a life of

contradictions. In politics we will have equality and in social and
economic life we will have inequality. In politics we will be
recognising the principle of one man one vote and one vote one
value. In our social and economic life, we shall, by reason of our
social and economic structure, continue to deny the principle of one
man one value. How long shall we continue to live this life of
contradictions? How long shall we continue to deny equality in our
social and economic life? If we continue to deny it for long, we will do
so only by putting our political democracy in peril.

Finally let us turn to Jawaharlal Nehru giving his famous speech to

the Constituent Assembly at the stroke of midnight on August 15,
1947:

Long years ago we made a tryst with destiny tryst with destiny tryst
with destiny, and now the time comes when we shall redeem our
pledge, not wholly or in full measure, but very substantially. At the
stroke of the midnight hour, when the world sleeps, India will awake
to life and freedom. A moment comes, which comes but rarely in
history, when we step out from the old to the new, when an age
ends, and when the soul of a nation, long suppressed, finds
utterance. It is fitting that at this solemn moment we take the pledge
of dedication to the service of India and her people and to the still
larger cause of humanity … Freedom and power bring responsibility.
The responsibility rests upon this Assembly, a sovereign body
representing the sovereign people of India. Before the birth of
freedom we have endured all the pains of labour and our hearts are
heavy with the memory of this sorrow. Some of those pains continue
even now. Nevertheless, the past is over and it is the future that
beckons to us now. That future is not one of ease or resting but of
incessant striving so that we may fulfil the pledges we have so often
taken and the one we shall take today. The service of India means the
service of the millions who suffer. It means the ending of poverty and
ignorance and disease and inequality of opportunity. The ambition of
the greatest man of our generation has been to wipe every tear from
every eye. That may be beyond us, but as long as there are tears and
suffering, so long our work will not be over.

The making of the Indian Constitution stands as a remarkable

achievement in the history of democratic governance. It was a result
of collective efforts, debates, and negotiations by a dedicated group
of individuals who played significant roles in shaping the democratic
foundations of India. These unsung heroes of the Indian Constitution
paved the way for a system that upholds the principles of justice,
equality, and fundamental rights. This article explores the
contributions and struggles of some of these individuals who have
left an indelible mark on India's democratic landscape.

1. Dr. B.R. Ambedkar:

Dr. B.R. Ambedkar, often regarded as the architect of the Indian

Constitution, played a pivotal role in shaping the principles of social
justice and equality. As the Chairman of the Drafting Committee, he
steered the committee's efforts to create a comprehensive and
inclusive constitution. His relentless advocacy for the rights of
marginalized communities and his vision for a just society laid the
foundation for the constitutional provisions safeguarding the rights
of Dalits, women, and other marginalized sections of society.
2. Jawaharlal Nehru:

Jawaharlal Nehru, the first Prime Minister of independent India,

played a crucial role in the making of the Indian Constitution. His
deep commitment to democracy and his vision of a secular and
socialist India shaped the constitutional ideals. Nehru's influence in
framing the fundamental rights, the directive principles of state
policy, and the concept of a welfare state was instrumental in
establishing the democratic and socialist character of the Indian
Constitution.

3. Sardar Vallabhbhai Patel:

Sardar Vallabhbhai Patel, known as the "Iron Man of India," played a

crucial role in uniting the princely states and consolidating India as a
single nation. His leadership and negotiation skills were instrumental
in ensuring the inclusion of diverse voices and perspectives in the
constituent assembly. Patel's role in maintaining the unity and
integrity of the nation during the tumultuous times of partition and
his contributions to the constitutional discussions cannot be
overlooked.

4. Dr. Rajendra Prasad:

Dr. Rajendra Prasad, the first President of India, played a vital role in
guiding the constituent assembly as its President. His wisdom,
impartiality, and commitment to democratic principles fostered an
environment of debate and consensus-building. Prasad's leadership
was instrumental in shaping the functioning and procedures of the
constituent assembly, ensuring a democratic and participatory
process in the making of the Indian Constitution.

5. K.M. Munshi:
K.M. Munshi, a prominent lawyer, politician, and educationist, made
significant contributions to the framing of the Indian Constitution. As
a member of the constituent assembly, Munshi advocated for the
preservation of India's cultural heritage, linguistic diversity, and the
promotion of education. His efforts led to the inclusion of provisions
that recognized the importance of cultural and educational rights in
the Indian Constitution.

CONCLUSION:
The making of the Indian Constitution was a monumental task that
required the dedication, intellect, and vision of numerous
individuals. While the contributions of leaders like Dr. B.R.
Ambedkar, Jawaharlal Nehru, Sardar Vallabhbhai Patel, Dr. Rajendra
Prasad, and K.M. Munshi are widely recognized, there were many
other unsung heroes who worked tirelessly to shape the democratic
fabric of India. The Indian Constitution stands as a testament to their
efforts and their commitment to establishing a just, inclusive, and
democratic society.