On the Constitution Day

The Constitution of India deserves our respect, not only for what it represents today but also for the turbulent era in which it was conceived. When the Constituent Assembly began its work, the world had just emerged from the devastation of the Second World War. The horrors of Hiroshima and Nagasaki had shaken humanity, and India itself was in the throes of unprecedented political, social, and religious upheaval. The subcontinent stood divided-torn apart by the insistence of Islamic hardliners who believed that Islam itself constituted a nation and could not coexist with Hindus. The call for "Direct Action" in East Bengal resulted in widespread massacres of Hindus, Sikhs, and even Muslims. Amid this frenzy, some leaders; having assumed the mantle of guiding the freedom movement, took on the responsibility-rightly or wrongly-of shaping two nations: one exclusively for Muslims and the other, by default, for Hindus. The Muslim League viewed the Indian National Congress as a Hindu body, despite its nationalistic claims. Although the League had secured only 73 seats in the Constituent Assembly compared to the Congress' 208, it soon withdrew in frustration and formed a parallel constituent assembly for Pakistan. Yet, even after achieving a separate nation, 28 members of the Muslim League returned to the Indian Constituent Assembly-seeking constitutional safeguards for Muslims in what they saw as a Hindu-majority India, which was nevertheless being framed as a secular state. If we examine the composition and the intellectual climate of the Constituent Assembly, it becomes evident that those drafting the Constitution carried deep imprints of British rule. Their thinking was shaped by colonial governance, monarchy, feudal structures, and the interests of wealthy provincial elites and princes of the erstwhile princely states. The Assembly itself was not directly elected by the people. It was chosen indirectly by Britishera provincial legislatures, princely states, and a handful of independent and 15 women members. Although those provincial elections were conducted under adult franchise, it was the first and only such experiment under British rule. In terms of representation, the Constituent Assembly did not reflect even the scale and diversity of the present-day Rajya Sabha. Thus, the Constitution that emerged was fundamentally a document designed to run the machinery of government on British lines-administered by Indian hands but framed within colonial thought structures. Today, India's challenges, aspirations, and social realities have changed dramatically. Rather than repeatedly amending a document rooted in a bygone era, there is a growing view that India needs a fresh constitutional framework-one that truly reflects present-day national needs. Such a framework, it is argued, should provide for a strong, centralised government capable of steering the country decisively, while devolving only essential administrative powers to the states. Lawmaking authority, according to this vision, must rest firmly with the Parliament, ensuring unity of purpose and clarity in governance. In essence, the call is not to disrespect the existing Constitution but to recognise its historical limitations-and to boldly reimagine a constitutional structure that aligns with India's contemporary realities and future aspirations.

DISCLAIMER: 

The views expressed in the Article above are Maharaj Shah   views and kashmiribhatta.in is not in any way responsible for the opinions expressed in the above article. The article belongs to its respective owner or owners and this site does not claim any right over it. Copyright Disclaimer under section 107 of the Copyright Act of 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, education, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing."

Courtesy:  Maharaj Shah and Koshur Samachar-2025,December