2.2.1 Key Figures and Ideological Perspectives
During the formation of the Indian Constitution, the Constituent Assembly comprised key figures representing diverse ideological perspectives. These prominent individuals played crucial roles in the debates, discussions, and framing of the Constitution, shaping its fundamental principles and provisions. Here are some of the key figures and their ideological perspectives:
(1) Dr. B.R. Ambedkar:
Ideological Perspective: A prominent Dalit leader and an advocate for social justice, Ambedkar championed the cause of marginalized communities. He emphasized the need for ensuring fundamental rights and social equality in the Constitution.
Contributions: As the Chairman of the Drafting Committee, Ambedkar made significant contributions to framing the Constitution, particularly in drafting provisions related to fundamental rights, social justice, and the establishment of an independent judiciary.
(2) Jawaharlal Nehru:
Ideological Perspective: Nehru, a leading figure in the Indian National Congress and India’s first Prime Minister, was influenced by socialist ideals and democratic principles. He emphasized secularism, economic development, and building a modern, democratic nation.
Contributions: Nehru advocated for a mixed economy, secularism, and the protection of civil liberties. His influence was pivotal in shaping the Directive Principles of State Policy and ensuring social and economic justice in the Constitution.
(3) Mohammad Ali Jinnah:
Ideological Perspective: Jinnah, the leader of the Muslim League and later the founder of Pakistan, initially supported the idea of a united India but later advocated for a separate Muslim-majority nation.
Contributions: While he ultimately supported the creation of Pakistan, Jinnah’s earlier contributions in the Constituent Assembly focused on protecting the rights of religious minorities and advocating for federalism.
(4) Sardar Vallabhbhai Patel:
Ideological Perspective: Patel, known as the “Iron Man of India,” was a proponent of a strong, unified India. He emphasized national unity, integration of princely states into the Indian Union, and maintaining law and order.
Contributions: Patel’s efforts were instrumental in integrating princely states into India and ensuring the territorial integrity of the nation. He played a crucial role in the Assembly discussions on federalism and state powers.
(5) Rajendra Prasad:
Ideological Perspective: Prasad, the first President of India, was a strong advocate for democratic governance and constitutional values. He emphasized the need for a robust parliamentary system and protection of fundamental rights.
Contributions: Prasad chaired the Constituent Assembly and facilitated discussions, ensuring that diverse viewpoints were considered while framing the Constitution. He focused on consensus-building and upholding the democratic spirit of the assembly.
2.2.2 Major Debates and Resolutions
The Constituent Assembly of India, comprising elected representatives from various regions, communities, and ideological backgrounds, engaged in extensive debates and discussions while drafting the Constitution. Several major debates and resolutions shaped the contours of Indian constitutional law:
(1) Federal vs. Unitary Structure:
Debate: One of the significant debates revolved around the structure of governance—federal or unitary. Some members advocated for a strong center with limited powers for states, while others emphasized a federal structure with significant powers for both center and states.
Resolution: The Constituent Assembly settled on a federal structure with a strong center, allowing for a division of powers between the Union and the states. The Constitution delineated the powers and functions of both entities while preserving the unity and integrity of the nation.
(2) Fundamental Rights:
Debate: The assembly extensively debated the inclusion of fundamental rights in the Constitution. Some members argued for comprehensive fundamental rights, while others expressed concerns regarding their enforceability and potential conflict with social reforms.
Resolution: Eventually, the assembly agreed to include a comprehensive list of fundamental rights (Part III of the Constitution) that guarantee civil liberties, including the right to equality, freedom of speech, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.
(3) Directive Principles of State Policy:
Debate: There were discussions regarding the inclusion of Directive Principles of State Policy (DPSP) in the Constitution. Some members were concerned about their justiciability and enforceability.
Resolution: The Constituent Assembly incorporated DPSP (Part IV of the Constitution) as guidelines for the government, suggesting social and economic measures for the welfare of the people. Though not legally enforceable, they form the basis for state policies.
(4) Emergency Provisions:
Debate: The assembly deliberated on provisions related to emergencies and the suspension of fundamental rights during emergencies. There were concerns about potential misuse of such provisions.
Resolution: The Constitution includes provisions for three types of emergencies—national, state, and financial emergencies—outlining the circumstances and procedures under which fundamental rights could be suspended, ensuring checks and balances to prevent abuse of power.
(5) Election of the President:
Debate: Discussions centered around the method of electing the President of India. The assembly debated between direct election by the people or an indirect election by an electoral college.
Resolution: The Constituent Assembly decided on an indirect election process for the President, wherein the President is elected by an electoral college consisting of elected members of both houses of Parliament and the state legislatures.