Relevance of the Thoughts of Babasaheb Ambedkar for Making Super Power India

Dr.Ambedkar was a great constitutional expert and has been called as the architect of Indian constitution. As a chairman of the Drafting Committee he very ably defended every provision of the draft constitution and present constitution owes much to his genius. So he has called as Manu of our times. He did not allow personal preferences to creep in while framing provisions of the constitution, but while doing so he kept national interests above every thing else for making super power India.. The Constitution of India is the longest written constitution of any sovereign country in the world, containing 444 articles, 12 schedules and 94 amendments, with 117,369 words in its English language version. An object of this research paper is to know Dr. Ambedkar’s thought on constitutionalism for to aware citizens for their rights & duties & to create peaceful atmosphere for development of the country. For this research paper used primary & secondary data. Historical and analytical methods are applied.

Meaning of Constitution:

A constitution' is a set of rules for government often codified as a written document that enumerates and limits the powers and functions of a political entity. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single or set of legal documents, those documents may be said to comprise a written constitution.

Importance of Constitution:

Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution in that it would define how that organization is constituted. Within states, whether sovereign or federated, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially written constitutions, also act as limiters of state power by establishing lines which a state's rulers cannot cross such as fundamental rights.

Etymology:

The term constitution comes through French from the Latin word constitution, used for regulations and orders, such as the imperial enactments (constitutions principals: edicts, mandate, decreta, rescripta). Later, the term was widely used in canon law for an important determination, especially a decree issued by the Pope, now referred to as an apostolic constitution. In India the Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in Ancient India.

Drafting Committee Chairman:

In the 14 August 1947 meeting of the Assembly, a proposal for forming various committees was presented. Such committees included a Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee. On 29 August 1947, the Drafting Committee was appointed, with Dr Ambedkar as the Chairman along with six other members. A Draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947.

Role in Constitutional Assembly:

The architects of India’s constitution, though drawing on many external sources, were most heavily influenced by the British model of parliamentary democracy. In addition, a number of principles were adopted from the Constitution of the United States of America, including the separation of powers among the major branches of government, the establishment of a supreme court, and the adoption, albeit in modified form, of a federal structure (a constitutional division of power between the union [central] and state governments)

The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution. After many deliberations and some modifications, the 308 members of the Assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950. Two days later, the Constitution of India became the law of all the Indian lands.

Architect of India’s Constitution:

The chairman of the constitution drafting committee Dr. B. R. Ambedkar despite his increasing unpopularity, controversial views, and intense criticism of Gandhi and the Congress, Ambedkar was by reputation an exemplary jurist and scholar. Upon India’s independence on August 15, 1947, the new Congress-led government invited Ambedkar to serve as the nation’s first law minister, which he accepted. On August 29, Ambedkar was appointed chairman of the Constitution Drafting Committee, charged by the Assembly to write free India’s new Constitution. Ambedkar won great praise from his colleagues and contemporary observers for his drafting work. In this task Ambedkar’s study of sangha practice among early Buddhists and his extensive reading in Buddhist scriptures was to come to his aid. Sangha practice incorporated voting by ballot, rules of debate and precedence and the use of agendas, committees and proposals to conduct business. Sangha practice itself was modeled on the oligarchic system of governance followed by tribal republics of ancient India such as the Shakyas and the Lichchavis. Thus, although Ambedkar used Western models to give his Constitution shape, its spirit was Indian and, indeed, tribal.

Protection to Civil Liberty:

The text prepared by Ambedkar provided constitutional guarantees and protections for a wide range of civil liberties for individual citizens, including freedom of religion, the abolition of untouchability and the outlawing of all forms of discrimination. Ambedkar argued for extensive economic and social rights for women, and also won the Assembly’s support for introducing a system of reservations of jobs in the civil services, schools and colleges for members of scheduled castes and scheduled tribes, a system akin to affirmative action. India’s lawmakers hoped to eradicate the socio-economic inequalities and lack of opportunities for India’s depressed classes through this measure, which had been originally envisioned as temporary on a need basis. The Constitution was adopted on November 26, 1949 by the Constituent Assembly. Speaking after the completion of his work, Ambedkar said, “I feel that the Constitution is workable; it is flexible and it is strong enough to hold the country together both in peace time and in war time. Indeed, if I may say so, if things go wrong under the new Constitution the reason will not be that we had a bad Constitution. What we will have to say is that Man was vile.”

Granville Austin has described the Indian Constitution drafted by Dr Ambedkar as 'first and foremost a social document.’... 'The majority of India's constitutional provisions are either directly arrived at furthering the aim of social revolution or attempt to foster this revolution by establishing conditions necessary for its achievement.'

Cornerstone of the Constitution:

Drafting a Constitution is by no means an easy task. It requires the highest statecraft, statesmanship, scholarship, intellectual acumen endowed with a flood of knowledge of the nation’s and world history, the working of Constitutions in the democratic, totalitarian and dictatorship governments. To Ambedkar, the Constitution was not just the basic law for the governance of the country. It was a vehicle of the nation’s progress, reflecting the best in the past traditions of the country, to cope with the needs of the present and possessing enough resilience to meet the needs of the future. At the same time he was of the view that it must be a living organ, not for one or two generations, but for generations to come. In that perspective, the provisions of the Constitution are couched in the language of generalities with pregnant contents of significance which vary from age to age and have at the same time transcendental continuity without any hiatus.

Ensure Fundamental Rights:

The heart of the Constitution is the Fundamental Rights given to every citizen and the Directive Principles to the executive and legislature for governance of the country. The idea behind them is to ensure certain basic rights to the citizens, so that they are not at the mercy of the shifting opinions of the legislators. The chapter on Fundamental Rights ensures the dignity of man as a human being and emphasizes the creation of a casteless, classless and homogeneous society. Pandit Jawaharlal Nehru remarked: “Dr. Ambedkar had played a most important part in the framing of India’s Constitution. No one took greater trouble and care over Constitution-making than Dr. Ambedkar.” He carved a unique and impregnable pride of place and honour in the history of the free Indian nation. So long as the Indian Constitution survives, the name of Babasaheb Ambedkar will remain immortal. He lives forever in the hearts of every downtrodden.

Adopted Democratic System:

Ambedkar knew that mere adoption of a democratic system of government in the Constitution would not be sufficient. Equality in society, equality before law and administration, constitutional morality, lack of tyranny of the majority and developing public conscience are conditions for the success of democracy in India. The foremost condition for democracy, in Ambedkar’s opinion, is equality in society as equality is the foundation stone where the notions of liberty and fraternity develop. He remarked that equality is the original notion and respect for human personality is a reflection of it. If equality is denied, everything else may be taken to be denied.

Socio-Economical Equality:

Dr Ambedkar also recognized the fact that the lofty ideals expressed in the Constitution would remain as they were, given the nature of contradictions inherent in society. Absence of equality on the social and economic plane is a cause of contradictions. This has resulted in a society based on the principle of graded inequality on the social plane which means elevation for some and degradation for others. On the economic plane there are some in society who have immense wealth as against many who live in abject poverty. To deny equality in social and economic life would be putting political democracy in peril. If the contradictions are not removed, those who suffer from inequality will blow up the structure of political democracy which Constituent Assembly has laboriously built up.

Observation about Constitution:

The observations made by Dr.Ambedkar on November, 25, 1949 are prophetic and relevant considering the present political situation in our country. However the 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 turnout to be good if those who are called to work it, happen to be a good lot. The working of the Constitution does not depend wholly upon the nature of the Constitution. The Constitution can provide only the organs of state such as legislature, the executive and the judiciary. The factors on which the workings of these organs of state depend are the people and the political parties they will set up as their instruments to carry out their wishes and policies. It is, therefore, futile to pass any judgment upon the Constitution without reference to the part which the people and their parties are likely to play.

The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties, government and spells out the fundamental rights, directive principles and duties of citizens.

Conclusion:

The core of Ambedkar’s philosophy of life happened to be the basics tenets of liberty, equality and fraternity. To him, a great man must be motivated by the dynamics of a social purpose and must act as the scourge and the scavenger of society. These are the elements which distinguish an eminent individual from a great man and constitute his title-deeds to respect and reverence. Indeed, he himself fulfilled all the conditions of being a great man. His title to this dignity rests upon the social purposes he served and in the way he served them. His life is a saga of great struggles and achievements. His message to the people was: You must have firm belief in sacredness of your mission. Noble is your aim and sublime and glorious is your mission. Blessed are those who are awakened to their duty to those among whom they are born.

Lastly we can conclude that, making super power India, credit goes to Dr. Ambedkar for providing in the constitution abolition of untouchability and making India a Secular polity. He provided for a mix and flexible constitution, freedom of worship, expression and equality of opportunity.

REFERENCES:

1.       en.wikipedia.org/wiki/Constitution

2.       The New Oxford American Dictionary, Second Edn., Erin McKean (editor), 2051 pages, May 2005, Oxford University Press, ISBN 0-19-517077-6.

3.       Pylee, M.V. (1997). India's Constitution. S. Chand & Co.. pp. 3.ISBN 812190403X. 

4.       "Constitution of India". Ministry of Law and Justice of India. July, 2008. http://indiacode.nic.in/coiweb/welcome.html. Retrieved 2008-12-17. 

5.       "National Constitution Center". Independence Hall Association http://www.ushistory.org/tour/tour_ncc.htm. Retrieved 2010-04-22. 

6.        The historical and institutional context of Roman law, George Mousourakis, 2003, p. 243

7.       Writings and Speeches, Babasaheb Ambedkar (BA WS), 1989, Vol. I, Maharashtra Government publication.

8.        Writings and Speeches, Babasaheb Ambedkar (BA WS), 1982, Vols. I, II, III. Mahararashtra Government publication.

9.       Constituent Assembly Debates (CAD), Vol. VII, Government of lndia publication.