Jonah Patel
The Indian Constitution, also known as the Constitution Day and the National Law Day, is a sacred document that establishes the framework for the Indian government. Dr. Bhimrao Ambedkar, the father of the Indian Constitution, called it a sacred document. Born into a lower-caste untouchable family, Ambedkar faced severe discrimination from an early age. His vast knowledge of law, political theory, and social issues was crucial in shaping a comprehensive and inclusive document. The Indian Constitution is one of the longest-written constitutions globally, with 470 articles categorized across 25 parts, and it enshrines fundamental rights for all citizens, ensuring equality, freedom, and justice.
| Characteristics | Values |
|---|---|
| Author | Dr. Bhim Rao Ambedkar |
| Known as | Father of the Indian Constitution |
| Description | A sacred document that is not static and may require changes from time to time |
| Purpose | To establish the framework for the Indian government, defining its structure and how its branches interact |
| Guarantees | Fundamental rights for all citizens, ensuring equality, freedom, and justice |
| Defines | Duties and responsibilities of citizens towards the nation |
| Guides | Governance, providing directives for the government to promote social welfare and economic development |
| Classification | One of the longest written constitutions globally, with 470 articles categorized across 25 parts |
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What You'll Learn
Dr. Bhimrao Ambedkar, the Father of the Indian Constitution
Dr. Bhimrao Ramji Ambedkar, popularly known as the "Father of the Indian Constitution", was born on April 14, 1891, in Mhow, India, to a Dalit Mahar family. He was a visionary Indian political leader, social reformer, and academic who played a pivotal role in drafting the Constitution of India. As a boy, he faced discrimination and humiliation from his high-caste schoolmates due to his family's low-caste status. Despite these challenges, he excelled academically and obtained degrees from prestigious universities in the United States, Great Britain, and Germany, including Columbia University and the University of London.
Ambedkar's role in India's independence struggle was complex and centred around the protection and advancement of Dalit rights. He actively fought against caste discrimination and the discriminatory practice of "untouchability," which he had experienced firsthand. In 1927, he publicly condemned the Hindu text Manusmriti for ideologically justifying caste discrimination and ceremonially burned copies of it. He also led a satyagraha in Mahad to fight for the right of the untouchable community to access public drinking water resources and enter Hindu temples.
Ambedkar was a key member of the Constituent Assembly, a body formed to create the country's constitution, and he chaired its most crucial committee, the Drafting Committee. In this role, he intervened in nearly every debate and defended the Draft Constitution. He was also one of the ministers who argued for extensive economic and social rights for women, and he won support for introducing a system of reservations of jobs in the civil services, schools, and colleges for members of scheduled castes, scheduled tribes, and other backward classes.
Ambedkar is known for his famous quote, "Constitution is a sacred document," recognising its importance and relevance to the Indian Republic. He believed that the Indian Constitution was not static but rather an organic entity that could be amended as needed. In his concluding speech to the Constituent Assembly on November 25, 1949, he acknowledged the contributions of others, particularly BN Rau, the Constitutional Advisor, who prepared a rough draft for the Drafting Committee. Ambedkar's dedication to the constitution-making process and his interventions have left an indelible mark on India's supreme legal document.
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The Constituent Assembly
The demand for a Constituent Assembly to draft a constitution for India was a key aspect of the anti-colonial freedom movement. The idea was first proposed in 1933 by V. K. Krishna Menon, and it gained further support from Mahatma Gandhi and Jawaharlal Nehru. The Assembly was created in 1946 through the British Cabinet Mission Plan, which included provisions for its functioning and composition. The members of the Constituent Assembly were chosen by indirect election, and while it was predominantly Hindu, it also included members from other religious communities such as Christians, Parsees, Sikhs, and Muslims.
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Democracy and self-rule
The idea of a Constituent Assembly was first conceptualised in 1933, and it finally came into being on December 9, 1946, with its drafting committee elected on August 29, 1947. The Constituent Assembly played a pivotal role in ensuring that India followed a democratic and republican form of government. The Assembly's president, Rajendra Prasad, sent the constitutional advisor BN Rau to study the constitutions of several countries, which, along with the Government of India Act, 1935, became the sources for the Indian Constitution.
The drafting of the Indian Constitution was led by Bhimrao Ambedkar, also known as the Father of the Indian Constitution. Ambedkar was born into a lower-caste "untouchable" family and faced severe discrimination from an early age. Despite these challenges, his vast knowledge of law, political theory, and social issues was instrumental in shaping a comprehensive and inclusive Constitution. Ambedkar championed equality and fiercely advocated for equal rights and protections for all citizens, especially marginalised communities. He introduced the values of equality, liberty, justice, and fraternity into the Constitution, reflecting his Buddhist principles.
Ambedkar faced several struggles during the drafting process, including the need to amalgamate the idealist and realist ideas of Nehru and Patel, respectively. He had to provide clear solutions for debates on minority rights, federalism, and changing the rigid social order in Indian society. Despite these challenges, Ambedkar successfully guided the drafting process, ensuring that the Indian Constitution established the framework for the Indian government, defining its structure, guaranteeing rights, outlining duties, and guiding governance.
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Equality and social justice
The Indian Constitution is a powerful document designed to shape a democratic and just society. It is a sacred text, revered by many, and established by the Constituent Assembly, which was formed in 1946. The Assembly's drafting committee was elected in 1947, and the Constitution was signed in 1949. Dr B. R. Ambedkar, known as the Father of the Indian Constitution, recognised its importance, stating:
> Constitution is a sacred document... it is also an instrument that may require changes from time to time. In other words, our Constitution is not a static document, it is not the final word about everything; it is alterable.
The essence of social equality is embedded in the Constitution's preamble, which resolves to secure justice—social, economic, and political—for all citizens. The preamble declares India to be a "Sovereign Socialist Secular Democratic Republic", reflecting the nation's commitment to creating a just and equitable society. The Constitution's emphasis on socialism reflects a commitment to reducing wealth and privilege disparities, ensuring equitable resource distribution, and addressing systemic inequalities.
The Constitution's recognition of the importance of protecting minority communities is integral to ensuring social equality. For instance, Article 29 safeguards the right of minorities to conserve their distinct language, script, or culture, while Article 30 empowers minorities to establish and administer educational institutions of their choice. The Constitution also envisions a Uniform Civil Code (UCC) to replace personal laws based on religion with a common set of laws for all citizens. The UCC aims to promote equality and social justice by eliminating discrepancies in personal laws related to marriage, divorce, inheritance, and maintenance.
The Indian Constitution provides the right to equality to ensure equal treatment and opportunities for all citizens, regardless of their background or social status. Articles 14-18, which comprise the Right to Equality, guarantee equality before the law and protection under the law for all persons within Indian territory. These articles prohibit discrimination based on religion, race, caste, sex, or place of birth in matters of access to public places, educational institutions, and public employment. Article 17 abolishes "untouchability", directly addressing caste-based discrimination, and making its practice a punishable offence.
The Constitution also enshrines Fundamental Rights, ensuring citizens' basic freedoms and upholding equality. These rights lay the foundation for social justice by safeguarding individuals' dignity and promoting inclusivity. The Right to Freedom (Articles 19-22) secures various freedoms, such as speech, assembly, association, and movement, ensuring individuals are not unjustly restricted based on their background.
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The longest-written constitution globally
The Indian Constitution is the world's longest written constitution, with 146,385 words in its English-language version. It is a one-of-a-kind document, being the world's biggest written liberal democratic constitution. The Indian Constitution is the highest authority in the country, explaining the country's political code, the functions and organisation of various government entities, and the fundamental rights and obligations of its citizens.
The Indian Constitution was formed by the Constituent Assembly, which came into being on 9 December 1946, with its drafting committee elected on 29 August 1947. The Constituent Assembly undertook its duty with dedication, devotion, sincerity, and enthusiasm over a period of 167 days, from 9 December 1946, to 25 November 1949. One of the first things the president of the Assembly, Rajendra Prasad, did was to send BN Rau, the constitutional advisor, to study the constitutions of several countries. These, along with the Government of India Act, 1935, became the sources for the Indian Constitution.
The idea of having a Constituent Assembly was first conceptualised in 1933 by Mahatma Gandhi during his famous speech on Swaraj (self-rule). This concept was further strengthened by Jawaharlal Nehru, who, while delivering the presidential address at Lahore in December 1929, made explicit references to the drafting of a Constitution. Ultimately, the Constituent Assembly was formed through indirect elections as it was felt that direct elections would lead to considerable delay.
The Indian Constitution is not a static document but an organic entity that has been amended from time to time. There have been three serious attempts at reviewing the Constitution through the Sarkaria Commission (1987), the Venkatachaliah Commission (2002), and the MM Punchhi Commission (2008). Dr B.R. Ambedkar, the Father of the Indian Constitution, said, "Constitution is a sacred document". He also defended the borrowing of ideas from other constitutions, stating that there are no patent rights for fundamental ideas.
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Frequently asked questions
Dr. Bhimrao Ambedkar is known as the Father of the Indian Constitution due to his instrumental role in its drafting and framing.
Dr. Bhimrao Ambedkar chaired the committee entrusted with creating the Constitution and guided the entire process. His vast knowledge of law, political theory, and social issues was crucial in shaping a comprehensive and inclusive document.
Dr. Bhimrao Ambedkar called the Indian Constitution a "sacred document". He also defended the use of the Government of India Act, 1935, as a source for the Constitution, stating that "none holds patent rights for fundamental ideas of a constitution".
The Indian Constitution, which came into effect in 1950, marked the birth of the Republic of India. It establishes the framework for the Indian government, defining its structure and how its branches interact. It also enshrines fundamental rights, ensuring equality, freedom, and justice, and outlines the duties of citizens.
