Sunday, November 28, 2021

71stConstitution Day 2021

71stConstitution Day 2021 (Brief Narrative about Framing of Indian Constitution with Dr. Ambedkar’s contribution) By: Er. H. R. Phonsa On 19 September 1945, under GOI Act 1935, the Indian Viceroy Lord Wavell announced that the elections to the central and provincial legislatures would be held in December 1945 to January 1946 andwere held in January 1946 on the basis of Separate electorates. In the election Congress won 923 (58.23%) and AIML 425 (26.81%) of total 1583 seats. This laid the foundation for creation of Pakistan as results showed that the congress won 90% of General and non-Muslin area seats and the Indian Muslim League won 87% seats in Muslim majority areas. Dr. Baba Saheb Ambedkar’s party the Scheduled Castes Federation (SCF) won only 2 seats. Shri S.N. Mandal from (W-B) and R. P. Yadav from C.P and Berar. Baba Saheb lost elections from Bombay. (Ref R.K. Kashersagar, Dalit Mvement in India & its leaders Page77) It had already been decided that an executive council would be formed and also constitution-making body would be convened after these elections. The members to frame Constitution of free India were elected /nominated in August, 1946 under Cabinet Plan 1946. This team of 389, among whom 292 stood already elected in January, 93 were nominated from native states besides 4 nominated from Chief Commissioner’s provinces. This team had 73 AIML members. Although Dr Baba Saheb Ambedkar was elected from Bengal Legislature in bye elected on July 20, 1946. but due to Congress leadership mischief was not included in the Interim Government formed on 2nd September, 1946. Babu Jagjivan Ram from (Cong.) and J.N. Mandal (SCF) from AIML quotas, both belonging to Scheduled Castes, were included. Mr. Ram was made labour Minister and Mandal Law Minister, Parliamentary Affairs, public works portfolio. Mandal a Namosudra became Law Minister of united India and later Baba Saheb became First Law Minister of free India. Due unkind blessing of both Hindu and Muslim leaders with hardliner with non-liberal mind set , the country was thrown into worst human tragedy of twentieth century with partition of India. About 14.5 million people crossed the borders. Estimates of the number of deaths vary, with low estimates at 200,000 and high estimates at 2,000,000. To rule successfully independent India ,7th biggest country of world with 330 million population (1947), holding 3.287 million Sq kms area, following 9 main religions and speaking 19500 languages and dialects. So, Bharat needed to frame policies to hold together this big country. There was need to amicably decide the fate and relation with Native Princely (nearly 584) states who may decide to join Indian domain. The Native Princely States ruled 48% of united Indian area. To judicially attend to all such problems demanding immediate and long-term solutions, India needed urgently a National Rule book or “Constitution”. The British were also not prepared to leave India till it gets its Constitution. Jawahar Lal Nehru had promised British Primer C.R. Attlee to famed constitution in two months, but failed so decision to free India was taken to postponed freedom till 13th June, 1948. Finding in a fix Pt. J. L. Nehru Attlee suggested the name of Sir Ivor Jennings (1903-1965) a British lawyer, to frame Indian Constitution. He was reluctant to accomplish this gigantic task, saying it will be difficult to face Dr. Ambedkar and reply his quarries in the house. When Baba Saheb Ambedkar lost elections in January 1946, the Congress leaders were jubilant and Sardar Patel is reported to have even remarked that they have closed all doors, windows and even ventilators for Dr. Ambedkar to enter Parliament. We will see how Dr. B. R. Ambedkar to enters Parliament House . They were forgetting that he only was solution to their immediate problem of Constitution drafting and arrest any further delay in getting freedom to India. Here came in Shri J.N. Mandal (1904-1968) a Scheduled Caste, Namosudra by caste stood who stood elected get on general seat from Bengal. He suggested Baba Saheb to contest from Bengal, for which a member resigned to vacate a seat for him. This way Baba Saheb was re-elected on July 20, 1946 with active support from all SCs and IML leaders. Baba Saheb’s followers from Punjab under Seth Krishan Lal, leader Marchant command worked hard for this . The Congress tangle on this account was solved on intervention of Gandhi Ji, who argued, if they selected a foreign for this job, image how it will blacken our image in world eyes saying if Indians cannot make their constitution, how will they hold country united. So, in this fix Dr. Baba Saheb Ambedkar was selected to frame Indian Constitution. ( With Indian Independence on 15 August,1947, first Union Cabinet was sworn in with Pt. Jawahar Lal Nehru as Prime Minister. Dr Baba Saheb B.R. Ambedkar, a non-congress member, became the First Law Minister of India. After Indian divide, the team for Indian Constitution Drafting was reduced from 389 to 299 (193 Hindu incl. 33 SC) and others.The team included thirteen women having 01 from Scheduled Castes, named Shrimati Dakshayani Velayudhan,a hard nut follower of Gandhi. Baba Saheb Ambedkar was elected Chairman of Constitution Drafting Committee on 29 August, 1947. Dr. Ambedkar, a Mahar was the most academically qualified person with 32 degrees in the team who had studied 64 subjects and knew 10 Indian and foreign languages. Dr. Sachchidananda Sinha was made the first temporary chairman of the Constituent Assembly. In the process Dr. Rajinder Prasad, was appointed as president of Constitution Assembly on 11 Dec.1946. On partition of country, congress leaders again played mischief and both constituencies of Baba Saheb and J.N. Mandal, wilfully agreed to transfer to proposed Pakistan territory. These constituencies had about 52% Hindu population. But despite the condition that areas with 50% or more Hindu or Muslim population shall remain in India or Pakistan respectively, these areas were made part of Pakistan. Under rule both Baba Saheb and Mandal had to resign or migrate to Pakistan to save their parliamentary seats. Mandal decided to migrate to Pakistan to watch interests of Scheduled Caste people who were left in large number in Pakistan. He was made First Law Minister of Pakistan and Chairman of Pakistan Constitution Drafting Committee. But Baba Saheb decided to remain in India. So had to resign his seat. On this the Indian Constitution writing was to suffer. The Britishers categorially had told Indians leaders to either get Baba Saheb re-elected or the matter of Independence to India will be delayed till justification of transfer of Baba Saheb’s constituency in Bengal was not decided. Now the Congress had no other way out than to support and get Baba Saheb re-elected afresh from Bombay. He was re-elected on July 3, 1947. In this way the Constitutions Drafting tasks for free India and Pakistan, was intrusted to both Hindu Shudras. The task of framing Constitution for free India was divided into 22 Sub Committees, with Dr. Baba Saheb Chairman of Constitution Drafting Committee. The constitution framing gigantic work took 2 years, 11 months and 18 days and was finally adopted on 26 November, 1949. This way world’s voluminous Constitution with 117369 words, and 234 pages came into force from 26 January 1950. During Constitution making 7635 amendments were proposed out of which2473 were replied by its worthy Chairman. Indian Nation spent Rs 6.4 million in framing the Constitution which initially contained 395 Articles in 22 parts and 8 Schedules. By August 2021 our Constitution stands amended 105 times. The spirit ,with living soul of the Constitution, is its preamble which reads as under: “We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic, republic and to secure to all its citizens: Justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and or opportunity, and to promote among them all; fraternity assuring the dignity of the individual and the unity and integrity of the nation”. We the “People of India” revealed lawfully the source of the authority of the Indian Constitution, are all Indians, women included who are supreme to all other authorities under this Constitution. To bring process of equality into practical form, provisions were enacted to give support, in joining main stream of public for the neglected else while untouchable (SCs, STs, OBCs) and women. Reservation of seats for SCs, STS was provided in Art.335 and for OBCs Art.340. In Art.340 provision were kept to appointment a Commission to investigate the socially and educationally conditions of the backward classes,who were as many as 52% of population, and to suggest remedial measures, as the commission thinks proper. Unfortunately, it took 40 years (1950-1990) to give practical but truncated effect to Art.340, as against their 52% population only 27% reservation in state services but with strong bars of creamy layer. Our Constitution also made non operative all those existing laws which were not in conformity Constitution spirit through Art 13 and the State of Indian was barred to make any such laws in future too. The universal adult franchise (Art.326), Fundamental (Permanent) Rights ( Art.14 to 32), State Directive Principles( Art.36-51) are other path braking gems in crown of Indian Constitution. Life of Baba Saheb was full of struggle. He struggled for those for whom even God was not concerned. He lost his 4 offspring and young wife due to his not having time, money to attend to his family duties, as he was always engaged in welfare of his people and country. When his body was suffering from many life threatening ailments, he shouldered responsibility of Drafting Constitution. At home to keep awake night long he tied his ailing leg from ceiling fan and kept writing the Constitution for free India. In the parliament house he had to fight with most of the 296 members in the Constitution making body to convince them about his intentions to keep particular provisions in the statue book. Even most from reserved category members (33 in number) with congress alliance were not supportive of him but to their parties policies. Providing Art.13 provisions, Baba Saheb gave practical justification to his idea of burning Manusmiriti in full public view on 25th December, 1925.He now uprooted from base of caste discrimination tree in India, in law. So Dr. Baba Saheb B.R. Ambedkar, was declared as the modern Manu by many right-thinking members. What members said in praises of Baba Saheb on accomplishing this enormous task can be best judged from the speech of K.K. Krishanaachariya , member of Constitution drafting committee, “ The house is perhaps aware that the seven members nominated by you, one had resigned from the house and replaced. One had died and not replaced. One was away in America and his place was not filled up, and another person was, engaged in state affairs and there was void to that extent. One or two people were away from Delhi and perhaps reasons of health did not permit them to attend, So, it happened ultimately that the burden of drafting this Constitution fell upon Dr. Ambedkar and I have no doubts that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable”. So members called him Father of Indian Constitution but still others called him mother of Indian Constitution. Lessons From Ambedkar's Last Speech In The Constituent Assembly- A Guide To Protect Our Independence And Democracy “there can be no gain saying that political power in this country has too long been the monopoly of a few and the many are only beasts of burden, ---” “-----however good a constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. …The Constitution can provide only the organs of State such as the Legislature, the Executive and the Judiciary. The factors on which the working of those organs of the State depends are the people and the political parties they will set up as their instruments to carry out their wishes and their politics.” By Er. H. R Phonsa, Jammu Dated 26-11-2021 Words 2044 References:- Google Dr. Baba Saheb Ambedkar By Dananjay Keer. Dr.Ambeddkar and His Associates By Er.H.R.PhosaA

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