A Time to Articulate New Constitutional Ideas for India
The Government of India is focusing on decolonising the country. The name “Bharat” is being used more frequently to describe the country, challenging the monopoly of “India”, which led to the discussion about change of the Constitution.
Mahatma Gandhi Vision of Swaraj Constitution:
- Idea in 1908: A startlingly original and indigenous account on the Constitution was presented by Mahatma Gandhi in 1908.
- His View: He was determined that without decolonising the Constitution, independence may be achieved but would not have swaraj.
- India would get itself a new democratic government, but the nature of government itself would not change. It would be “English rule without the Englishman”, “not Hindustan but Englistan”.
- Swaraj: For him, a swaraj constitution ought to ideally be based on ancient village republics.
- The economy would be founded on ordinary Indians producing enough to be self-sufficient and trading the rest at local markets.
- India would be united not because a constitution promised rights, but because Indians themselves considered it their duty to forge a nation out of a people.
Drafting the “Gandhian Constitution for Free India”:
- Gandhi’s Follower: Shriman Narayan Agarwal, An ardent follower of Mahatma Gandhi was given the task of drafting a constitution to put Hind Swaraj into action.
- Publication of a Moral Code: His draft of the “Gandhian Constitution for Free India”, first published in 1946, was less of a legal text and more a moral code.
- Correlation of Right & Duty: In his draft, the rights to personhood, liberty and equality would depend on a duty to be faithful to the state.
Drafting of the Constitution by Ambedkar:
- Chairperson: Rajendra Prasad appointed B.R. Ambedkar as the Chairperson of the Drafting Committee of the Constitution in August 1947.
- Clear Vision: Ambedkar had a clear and well-articulated vision about India’s Constitution.
Difference in Opinion between Mahatma Gandhi & Dr. B. R. Ambedkar:
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Characteristic
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Dr. B. R. Ambedkar
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Mahatma Gandhi
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State
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- India needed a powerful state machinery that could ensure law and order in the country.
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- He believed that a large state would be too distant from the people.
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Economy
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- The state would be duty-bound to manage the economy and control industries for the common good.
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- Self-sustaining villages based on agriculture and cottage industry.
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Need to Change
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- Feudalism, sectarianism and casteism would be uprooted, through fundamental rights to life, liberty and equality for every individual.
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- For him, history could not be undone by a policy document such as a constitution — it needed individuals to change themselves.
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Gandhi pragmatically distanced himself from a constitution that bore his name
- Different Consensus: Gandhi had grave disagreement with each of Ambedkar’s visions but realized that they enjoyed a wide consensus.
- Entirely Western Priorities: At that time, there was favor towards a progressive post-war constitution based on a big state with the authority to ensure law and order, separation of powers to prevent overreach and a range of fundamental rights to capture the global move towards universal human rights for all.
- Gandhi found such a constitution “entirely Western” but accepted the consensus instinctively.
Unlike names and buildings, constitutions do not, and should not change overnight. But that does not mean that they should not change at all. It is a good time to articulate a vision of what new constitutional ideas India needs.
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