After India was born as an
independent nation on 15 August 1947, its greatest achievement in its early
years was the framing of its constitution that provided the social, political
and economic framework that led to its emergence as a vibrant and dynamic democracy
as well as an emerging regional power in south Asia.
When
the first government of independent India took charge, under the guidance of
Mahatma Gandhi and the first Prime Minister of India Pandit Jawaharlal Nehru,
the gigantic task of laying out the constitutional framework was given to Dr
Bhim Rao Ambedkar.
The
Constitution Drafting Committee appointed by the Constituent Assembly on 29
August 1947 was chaired by Dr Ambedkar. Though the committee had six other
members, Dr Ambedkar who was the chief architect, through his vision for a just
and equal society, laid out an elaborate constitution. The Constitution of
India was adopted on 26 November 1949 and it accommodates diverse culture,
language, religion and ways of life of 1.25 billion people to this day.
Life of
Dr Ambedkar
Dr Bhimrao Ambedkar (14 April
1891 – 6 December 1956) was born as a low caste and was subjected to
socioeconomic discrimination in his early years. He however excelled in school
and went to earn doctorates in law and economics from renowned universities
abroad. He was one of the political leaders during the independence movement
who advocated for social inclusion and integration of all Indians in the
post-independence era to bring about the union of India.
His work included
promotion of education especially among the untouchables, called the Harijans
or Children of God by Mahatma Gandhi.
Basic
features of the Indian Constitution
The structure of the Constitution
of India comprises of the preamble, 25 parts with 448 articles, 12 schedules, 5
appendices and has accommodated 100 amendments, making it the world’s longest
constitution. A reason for the length of the constitution is because it
incorporates the experiences of all leading constitutions of the world as
Ambedkar had said, “there was nothing to be ashamed of in borrowing because
nobody holds any patent rights in the fundamental ideas of a Constitution.”
It
provides sovereign power of governance to the people of India where it is
declared in its Preamble that the constitution was adopted and enacted by the
people.
It
establishes a parliamentary form of governance where the State is headed by the
President and the Government is headed by the Prime Minister. The Prime
Minister of India and his council of ministers are accountable for all of their
actions to the Parliament.
The
constitution guarantees fundamental rights to its people such as right to
equality, right to freedom, right against exploitation, right to freedom of
religion, cultural and educational rights, and right to constitutional remedies.
The
constitution through its Directive
Principles of State Policy lays down guiding principles for framing of laws
and principles both at the union and at state levels. These are not justiciable
rights of the people but are fundamental to create social and economic
conditions, through laws, plans and programmes, under with citizens can lead a
good life.
The
judiciary under the Indian constitution enjoys independence from the executive
and legislature.
Shaping
the Indian Constitution
Dr Ambedkar played a significant
role in shaping the social framework of independent India. His views on social
justice, equality and inclusion, and fundamental rights were shaped by his
education in law, economics and politics and by his personal life and active
participation in dialogue and negotiation during the independence movement. Thus,
Dr Ambedkar’s constitution offered a wide range of constitutional safeguards
and guarantees such as socio-economic rights, civil liberties, freedom of
religion, the abolition of untouchability and the prohibition of all forms of
discrimination among others.
Dr
Ambedkar’s vision of democracy
Dr Ambedkar’s vision of democracy
was based on the fundamental idea of “government of the people, by the people
and for the people.” The constitution provided the political and legal
framework at two levels: the union government and the Supreme Court at the
centre and the state governments and the High Courts forming a federal
structure.
The
Members of the Parliament at the centre and the Members of the Legislative
Assembly in the states are elected through universal adult suffrage allowing
people’s participation.
Dr
Ambedkar also viewed that democracy was only a means to the end of achieving
social progress and economic development. He called upon those elected to power
to govern with ethics, morality and constitutional morality, which is to abide
not just by the legal provisions of the constitution but also to the spirit of
the constitution. The Indian constitution is thus rigid to preserve its basic
framework and spirit, but also flexible to have accommodated 100 amendments
thus far.
The
Constitution of the Kingdom of Bhutan
When the Bhutanese Constitution
was drafted, His Majesty the Fourth Druk Gyalpo commanded that it was wise to
study constitutions from other countries. Dr Ambedkar’s vision and philosophy
has found inspiration among the writers of the Bhutanese constitution that was
deliberated with people from twenty dzongkhags and was adopted by the people of
Bhutan on 18 July 2008.
Our
constitution that is structured with the Preamble, 35 articles and 4 schedules
is the world’s shortest. It establishes a Democratic Constitutional Monarchy
with parliamentary democracy, institutionalizes monarchy, and commands the conservation
of environment and preservation of culture among others. It also enshrines the Principles of State Policy with the
overall directive to “promote those conditions that will enable the pursuit of
Gross National Happiness.”
The
former chief justice of Bhutan, Sonam Tobgay has said that “Bhutan wanted a
rigid Constitution that would withstand untimely amendments” and allow its
sprit to mature and nurture a vibrant democracy.
Conclusion
The constitutions of India and Bhutan establish
democracy, the former the oldest, the latter the youngest, as a means to
further social transformation in the former and realise Gross National
Happiness in the latter through the principles of state policies and other
framework enshrined in them. The writers of our constitution had a vision for
better times and prosperous nation in posterity but it is subject to the lot of
people who implement it.
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 good
if those who are called to work it, happen to be a good lot.
– Dr BR Ambedkar
Written by Dr Thinley Dorji (MBBS)
This is adapted from the essay written on the
life of Dr BR Ambedkar on his 125th Birth Anniversary Celebrations
in April 2016 organized by the Nehru-Wangchuck Cultural Centre, Indian Embassy,
Thimphu, Bhutan.
This article was published by the Embassy of India in Bhutan in the Kuensel on 26 November 2016.
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