Framing the Constitution – CBSE NCERT Study Resources

The Objectives Resolution, moved by Nehru in 1946, outlined sovereignty, democracy, and social justice. Our textbook shows it became the foundation for the Preamble, as seen in terms like 'Justice' and 'Liberty'.

• Debates: Members like K.T. Shah argued for adding 'secular', later included in 1976.
• Example: The phrase 'unity of the nation' was amended to 'unity and integrity' post-partition.

Historian Granville Austin notes this reflected a compromise between socialist and conservative factions (Source: Indian Constitution: Cornerstone of a Nation).

The Drafting Committee reconciled demands like reservations for marginalized groups (Article 16) and state autonomy (Article 356).

• Example: Reservations were limited to 10 years initially (now extended periodically).
• Example: Federalism debates led to the 7th Schedule dividing Union-State powers.

As per NCERT, Ambedkar's 'flexible federalism' balanced unity with diversity. Historian Ramachandra Guha cites this as a pragmatic solution (Source: India After Gandhi).

The 1935 Act's Section 93 inspired Article 356 but with stricter safeguards. Our textbook highlights how Ambedkar called it a 'dead letter'.

• Example: President’s Rule duration was capped at 6 months (extendable).
• Example: Fundamental Rights could be suspended during emergencies (Article 359).

Historian M.P. Singh critiques its misuse post-1975 Emergency (Source: Constitutional Debates). The Assembly added judicial review to prevent abuse.

The Sub-Committee, led by K.M. Munshi, debated protections like Article 29-30 (cultural rights) and language policies (Article 343).

• Example: Hindi became the official language but with English as associate for 15 years.
• Example: Sikhs were included as a minority despite Patel’s initial opposition.

Nehru’s letters show his fear of Balkanization (Source: Selected Works of Nehru). The compromise is termed 'asymmetric federalism' by scholars.

Partition led to stricter equality clauses (Article 14-18) and diluted property rights (Article 31) to rehabilitate refugees.

• Example: Zamindari abolition was prioritized, overriding property rights.
• Example: 'Untouchability' was banned (Article 17) to address caste violence.

Historian Upendra Baxi argues this reflected a 'transformative constitutionalism' (Source: Indian Constitution). The 44th Amendment later removed property as a fundamental right.

The Objectives Resolution laid the foundation for India's constitutional values, emphasizing justice, liberty, and equality. Nehru's speech highlighted its alignment with Gandhian and socialist principles.

• Inspired by the French Revolution (liberty) and US Constitution (democracy).
• Directly incorporated into the Preamble as "We the People."

Our textbook shows how debates in the Constituent Assembly refined these ideas, balancing idealism with practicality. For example, secularism was added later to reflect India's diversity.

The Government of India Act (1935) promoted a unitary system with provincial autonomy, while the Drafting Committee favored cooperative federalism.

• Act of 1935: Governor-General retained overriding powers.
• 1950 Constitution: States and Centre shared sovereignty (Article 246).

We studied how Ambedkar's "Union of States" concept addressed partition-era tensions. Example: The Rajya Sabha ensured state representation at the national level.

Discussions on Minority Rights revolved around balancing equality with protection, as seen in reservations for SC/STs and religious minorities.

• Example 1: Article 30 granted minorities the right to establish educational institutions.
• Example 2: Temporary reservations under Article 334.

Our textbook cites Ambedkar's argument that reservations were a "compensation" for historical injustice, not permanent privilege.

Critics argued illiteracy made voters susceptible to manipulation, but the Assembly upheld universal franchise as a democratic necessity.

• Ambedkar cited Buddhist sanghas as precedents for inclusive decision-making.
• Example: Article 326 ensured voting rights regardless of education.

We studied how this reflected faith in collective wisdom, contrasting with colonial-era limited franchise based on property.

The Drafting Committee (led by Ambedkar) structured legal language, while the Advisory Committee (chaired by Patel) resolved conflicts, e.g., minority rights.

• Drafting Committee: Incorporated universal rights (Article 14-18).
• Advisory Committee: Balanced group demands (e.g., Sikhs' reservation).

We studied how CAD debates reveal tensions between individual and community rights. Historians like Granville Austin note this compromise as 'negotiated inclusivity'.

The 1935 Act introduced federalism but retained colonial control. Our textbook shows how the Constitution adapted its division of powers (Union/State Lists).

• Adopted: Emergency provisions (Article 356).
• Rejected: Governor's discretionary powers.

Primary sources like B.R. Ambedkar's speeches criticize its centralizing tendencies. Current data shows 132 uses of Article 356 post-1950, reflecting its contested legacy.

The Assembly faced demands for Hindi (e.g., R.V. Dhulekar) vs. protecting regional languages (e.g., Tamil Nadu protests).

• Compromise: Hindi as official language (Article 343) with English for 15 years.
• Safeguards: Eighth Schedule recognized 14 languages.

Historiography (e.g., Austin's Indian Constitution: Cornerstone) notes this as a 'temporary solution'. Current data shows 22 languages now in the Schedule, validating its flexibility.

The Indian Constitution was designed to reflect the spirit of the age by addressing the socio-political challenges and aspirations of post-independence India. Dr. Ambedkar emphasized that it was not just a legal framework but a dynamic document embodying the values of the time.

• Example 1: The Constitution incorporated fundamental rights to ensure equality and justice, reflecting the demand for individual freedoms after colonial rule. For instance, Article 17 abolished untouchability, addressing deep-rooted social inequalities.
• Example 2: The Directive Principles of State Policy were included to guide the government in creating a welfare state, mirroring the post-independence vision of economic and social democracy. These principles aimed to reduce poverty and promote equitable development.

Thus, the Constitution was a progressive document that aligned with the contemporary needs and ideals of the nation.

The language compromise in the Constitution was crucial to balance national unity with linguistic diversity. The Assembly resolved to adopt Hindi as the official language but allowed the continued use of English for official purposes to accommodate non-Hindi speaking regions.

• Significance: This decision prevented linguistic domination and respected the cultural identities of various regions, fostering a sense of inclusivity.
• Reflection of Diversity: By recognizing 22 scheduled languages and allowing states to adopt their own official languages, the Constitution acknowledged India's multilingual character.
• Reflection of Unity: The compromise ensured smooth communication across the nation while maintaining a shared administrative framework, strengthening national integration.

Thus, the language policy exemplified the Constitution's ability to harmonize diversity with unity.

The statement highlights that the Indian Constitution was not just a legal framework but a dynamic document embodying the aspirations of the people and the socio-political context of the time.

• The spirit of the age referred to the post-independence era marked by ideals of justice, liberty, equality, and fraternity.
• The Constitution reflected this through provisions like Fundamental Rights (ensuring individual freedoms), Directive Principles (promoting social welfare), and abolition of untouchability (addressing social inequalities).
• It balanced diverse interests, such as federalism for unity and centralization for stability, showcasing adaptability to India's needs.

Thus, the Constitution was a living document, evolving with societal changes while rooted in contemporary values.

The language controversy was resolved through a compromise:

• Hindi was adopted as the official language, but English was retained for 15 years to ease transition (later extended indefinitely).
• States were allowed to use their regional languages, ensuring linguistic diversity.

This reveals:

• The challenge of balancing national unity (through Hindi) with regional identities (protecting other languages).
• The Assembly's pragmatic approach—prioritizing consensus over rigid ideals to avoid conflict.

Such debates underscored the difficulty of accommodating India's diversity while forging a cohesive nation.

The Objectives Resolution, moved by Jawaharlal Nehru in 1946, laid the foundation for the Indian Constitution and aligned closely with his vision of a free and equitable India. The resolution emphasized:

• Sovereignty: India would be an independent republic, free from colonial rule.
• Social Justice: It aimed to ensure equality and opportunities for all citizens, addressing poverty and deprivation.
• Democratic Values: It guaranteed fundamental rights and freedoms, allowing individuals to develop according to their potential.

Nehru's statement highlights the need to uplift the masses, which was reflected in the Directive Principles of State Policy, ensuring welfare measures like food, clothing, and employment. Thus, the Objectives Resolution became the moral and philosophical backbone of the Constitution, embodying Nehru's ideals.

The composition of the Constituent Assembly played a crucial role in shaping a balanced and inclusive Constitution:

• Geographical Representation: Members from British India and Princely States ensured diverse regional perspectives were incorporated.
• Pluralism: The presence of leaders from different religions, castes, and linguistic groups promoted secularism and unity in diversity.
• Gender Inclusivity: Though limited, women members like Sarojini Naidu and Vijaya Lakshmi Pandit advocated for gender equality, influencing provisions like equal rights.

This diversity ensured that the Constitution addressed the needs of all sections, making it a living document reflecting India's socio-cultural fabric. Debates on reservations, federalism, and minority rights were shaped by this inclusive representation.

(a) The two main objectives highlighted by Nehru were:

• To frame a new constitution for independent India.
• To address the socio-economic challenges like poverty (feeding the starving) and inequality (clothing the naked masses).

(b) The Constitution addressed social inequality through:

• Fundamental Rights (Article 14-18) ensuring equality before law and prohibiting discrimination.
• Directive Principles of State Policy (Article 38-39) guiding the state to reduce income inequality and provide equal opportunities.
• Abolition of untouchability (Article 17) and reservation policies (Articles 330, 332) for marginalized communities.

(a) The cartoon reflects the conflict between:

• Advocates of a strong central government (for national unity and stability post-Partition).
• Supporters of greater state autonomy (to accommodate India's linguistic and regional diversity).

(b) The compromise adopted was:

• A quasi-federal system with a unitary bias (e.g., Centre's control over states during emergencies under Article 352).
• The Union List (subjects under Centre), State List (subjects under states), and Concurrent List (shared subjects) in Seventh Schedule.
• Special provisions for Jammu & Kashmir (later revoked) and North-East states to address regional concerns.

The statement highlights that the Indian Constitution was not just a legal framework but a dynamic document reflecting the spirit of the age. Here's how it addressed socio-political aspirations:

• Democratic Values: It established a sovereign democratic republic, ensuring power rested with the people through universal adult franchise.
• Social Justice: Provisions like reservations and abolition of untouchability aimed to uplift marginalized sections.
• Secularism: The Constitution guaranteed religious freedom and equality, promoting harmony in a diverse society.
• Economic Equity: Directive Principles laid the foundation for welfare policies to reduce inequality.

Thus, the Constitution encapsulated the hopes of a newly independent nation striving for progress and justice.

The Constituent Assembly was a microcosm of India's diversity, though not without limitations. Here's an evaluation:

• Representation: It included members from various regions, religions, and communities, such as Dr. Ambedkar (Dalits), Rajendra Prasad (Hindus), and Hansa Mehta (women).
• Debates: Discussions on language, minority rights, and federalism reflected diverse viewpoints.
• Limitations: Some groups, like tribal communities, had limited representation, and the Assembly was dominated by the educated elite.

Despite gaps, the Assembly's inclusive deliberations ensured the Constitution addressed India's pluralism, making it a living document for all.