In the event, members of the RSS were not admitted into the Congress. But Golwalkar remained at large, free to propagate his views to those who chose to hear them. In the first week of November 1949, the RSS chief addressed a crowd of 100,000 in Bombay’s Shivaji Park. A reporter in attendance described him as ‘a man of medium height with a sunken chest, long uncut and unkempt hair and a flowing beard’. He looked for all the world like a harmless Hindu ascetic, except that ‘the black piercing eyes deep in the sockets gave the [RSS] Chief the typical look of a black magician about to pull out a blood-curdling trick’. Before he spoke, Golwalkar was presented with garlands by clubs specializing in body-building and the martial arts. The speech itself ‘waxed hot on the virtues of Hindu culture. As the reporter put it: ‘He had a cure-all for the ills of the nation: Make Golwalkar the Führer of All India’45
A week later Jawaharlal Nehru came to speak in Bombay. The venue was the same as for Golwalkar: Shivaji Park, that oasis of green grass in the heart of the densely packed, middle-class, chiefly Marathi-speaking housing colonies of central Bombay. Nehru used the same microphone as Golwalkar, this supplied by the Motwane Chicago Telephone and Radio Company. But his message was emphatically different, for he spoke of the need to maintain social peace within India as well as peace between warring nations abroad.
Nehru’s talk was delivered on his sixtieth birthday, 14 November 1949. He could not have wished for a better present: the abundant affection of his countrymen. The prime minister was due to arrive in Bombay at 4.30 p.m. An hour before his plane landed at Santa Cruz airport, ‘people started closing their shops and stopped working so that they might be able to see Pandit Nehru. They jammed the sidewalks and the streets long before the open maroon car carrying Panditji sped by. As he passed by a tumultuous waving and rejoicing was noticed.’
An hour later, after awash and a change, Nehru arrived at Shivaji Park. Here, ‘a record crowd [had]stampeded the vast maid an grounds to hear him. More than six lakhs [600,000] assembled that memorable evening. There was one seething mass of humanity; men, women and children who had come . . . to hear him for they still had faith in his leadership and ability to show the way in these hard and trying times ahead of us.’46
A hundred thousand people had come to hear Golwalkar espouse the idea of a Hindu theocratic state for India. But in this Maharashtrian stronghold, six times as many came to cheer the prime minister’s defence of democracy against absolutism, and secularism against Hindu chauvinism. In this contest between competing ideas of India, Jawaharlal Nehru was winning hands down; for the time being, at any rate.
VII
Like the integration of the princely states, the rehabilitation of refugees was a political problem unprecedented in nature and scope. The migrants into India from Pakistan, wrote one of their number, were ‘like the fallen autumn leaves in the wind or bits of stray newspaper flying hither and thither in the blown dust’. For ‘those who have come away safe in limb and mind are without any bearings and without any roots’.47
The refugees who came into India after Independence numbered close to 8 million. This was greater than the populations of small European countries such as Austria and Norway, and as many as lived in the colossal continent of Australia. These people were resettled with time, cash, effort and, not least, idealism.
There was indeed much heroism and grandeur in the building of a new India. There were also errors and mistakes, loose ends that remained untied. There was pain and suffering in the extinguishing of the princely order, and there was pain and suffering in the resettlement of the refugees. Yet both tasks were, in the end, accomplished.
Notably, the actors in this complicated and tortuous process were all Indian. This, at least on the British side, was completely unanticipated. A former governor of Bengal had written in 1947 of how
The end of British political control in India will not mean the departure of the British, as individuals, from India. It will not be possible for many years ahead for India to do without a large number of British individuals in government service. They will remain under contract to the Government of India and to the governments of the Provinces and States in a wide range of administrative, legal, medical, police and professional and technical appointments. It will be many years before India will be able to fill, from amongst her own sons, all the many senior positions under the government that the administration of her 400 million people makes necessary.48
In the event, that help was not asked for, nor was it needed. Admittedly, the rulers had left behind a set of functioning institutions: the civil service and the police, the judiciary and the railways, among others. At Independence, the government of India invited British members of the ICS to stay on; with but the odd exception, they all left for home, along with their colleagues in the other services. Thus it came to be that the heroes remembered in these pages were all Indians – whether politicians like Nehru and Patel, bureaucrats like Tarlok Singh and V. P. Menon, or social workers like Kamaladevi Chattopadhyaya and Mridula Sarabhai. So too were the countless others who were unnamed then and continue to be unknown now: the officials who took in and acted upon applications for land allotment, the officials who built the housesand ran the hospitals and schools, the officials who sat in courts and secretariats. Also overwhelmingly Indian were the social workers who cajoled, consoled and cared for the refugees.
An American architect who worked in India in the early years of Independence has written with feeling of the calibre and idealism of those around him. ‘The number and kinds of people I’ve seen’, wrote Albert Mayer, ‘their ability, outlook, energy, and devotion; the tingling atmosphere of plans and expectation and uncertainty; and yet the calm and self-possession – what it adds up to is being present at the birth of a nation.’49
In the history of nation-building only the Soviet experiment bears comparison with the Indian. There too, a sense of unity had to be forged between many diverse ethnic groups, religions, linguistic communities and social classes. The scale – geographic as well as demographic – was comparably massive. The raw material the state had to work with was equally unpropitious: a people divided by faith and riven by debt and disease.
India after the Second World War was much like the Soviet sssUnion after the First. A nation was being built out of its fragments. In this case, however, the process was unaided by the extermination of class enemies or the creation of gulags.
6
* * *
IDEAS OF INDIA
In Governance is realised all the forms of renunciation; in Governance is united all the sacraments; in Governance is combined all knowledge; in Governance is centred all the Worlds.
The Mahabharata
Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil, which is essentially undemocratic.
B. R. AMBEDKAR
I
WITH 395 ARTICLES AND 12 schedules the constitution of India is probably the longest in the world. Coming into effect in January 1950, it was framed over a period of three years, between December 1946 and December 1949. During this time its drafts were discussed clause by clause in the Constituent Assembly of India. In all, the Assembly held eleven sessions, whose sittings consumed 165 days. In between the sessions the work of revising and refining the drafts was carried out by various committees and sub-committees.
The proceedings of the Constituent Assembly of India were printed in eleven bulky volumes. These volumes – some of which exceed 1,000 pages – are testimony to the loquaciousness of Indians, but also to their insight, intelligence, passion and sense of humour. These volumes are a little-known treasure-trove, invaluable to the historian, but also a potential source of enlightenment to the interested citizen. In them we find many competing ideas of the nation, of what language it should speak, what political and economic systems it should follow, what moralvalues it should uphold or disavow.
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II
From the early 1930s the Congress had insisted that Indians would frame their own constitution. In 1946 Lord Wavell finally gave in to the demand. The members of the Assembly were chosen on the basis of that year’s provincial elections. However, the Muslim League chose to boycott the early sittings, making it effectively a one-party forum.
The first meeting of the Constituent Assembly was held on 9 December 1946. A sense of anticipation was in the air. The leading Congress members, such as Nehru and Patel, sat on the front benches. But to demonstrate that it was not merely a Congress Party show, known opponents such as Sarat Bose of Bengal were given seats alongside them. A nationalist newspaper noted that ‘nine women members were present, adding colour’ to a scene dominated by Gandhi caps and Nehru jackets.1
Apart from the members sent by the provinces of British India, the Constituent Assembly also had representatives of the princely states, sent as these states joined the Union one by one. Eighty-two per cent of Assembly members were also members of the Congress. However, since the party was itself a broad church they held a wide range of views. Some were atheists and secularists, others ‘technically members of the Congress but spiritually members of the RSS and the Hindu Mahasabha’.2 Some were socialists in their economic philosophy, others defenders of the rights of landlords. Aside from the diversity within it, the Congress also nominated independent members of different caste and religious groups and ensured the representation of women. It particularly sought out experts in the law. In the event ‘there was hardly any shade of public opinion not represented in the Assembly’3
This expansion of the social base of the Assembly was in part an answer to British criticism. Winston Churchill in particular had poured scorn on the idea of a Constituent Assembly dominated by ‘one major community in India’, the caste Hindus. In his view the Congress was not a truly representative party, but rather a mouth piece of ‘actively organised and engineered minorities who, having seized upon power by force, or fraud or chicanery, go forward and use that power in the name of vast masses with whom they have long since lost all effective connection’.4
The procefss was made more participatory by asking for submissions from the public at large. There were hundreds of responses, a sampling of which gives a clue to the interests the law-makers had to take account of. Thus the All-India Varnashrama Swarajya Sangh (based in Calcutta) asked that the constitution ‘be based on the principles laid down in ancient Hindu works’. The prohibition of cow-slaughter and the closing down of abbatoirs was particularly recommended. Low-caste groups demanded an end to their ‘ill treatment by upper-caste people’ and ‘reservation of separate seats on the basis of their population in legislature, government departments, and local bodies, etc.’. Linguistic minorities asked for ‘freedom of speech in [the] mother tongue’ and the ‘redistribution of provinces on linguistic basis’. Religious minorities asked for special safeguards. And bodies as varied as the District Teachers Guild of Vizianagaram and the Central Jewish Board of Bombay requested ‘adequate representation . . . on all public bodies including legislatures etc.’5
These submissions testify to the baffling heterogeneity of India, but also to the precocious existence of a rights culture among Indians. They were many; they were divided; above all, they were vocal. The Constitution of India had to adjudicate among thousands of competing claims and demands. The task was made no easier by the turmoil of the times. The Assembly met between 1946 and 1949, against a backdrop of food scarcity, religious riots, refugee resettlement, class war and feudal intransigence. As one historian of the process has put it, ‘Fundamental Rights were to be framed amidst the carnage of Fundamental Wrongs’.6
III
The Constituent Assembly had more than 300 members. In his magisterial history of the Indian Constitution, Granville Austin identifies twenty as being the most influential. Of these, as many as twelve had law degrees, including the Congress stalwarts Jawaharlal Nehru, Vallabhbhai Patel and Rajendra Prasad.
Nehru’s first major speech in the Assembly was on 13 December 1946, when he moved the Objectives Resolution. This proclaimed India as an ‘independent sovereign republic’, guaranteeing its citizens ‘justice, social, economic and political; equality of status; of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject tolawand public morality’ – all this while assuring that ‘adequate safeguards shall be provided ssfor minorities, backward and tribal areas, and depressed and other backward classes . . .’ In moving the resolution, Nehru invoked the spirit of Gandhi and the ‘great past of India, as well as modern precedents such as the French, American and Russian revolutions.7
Nine months later Nehru spoke again in that columned hall, at the midnight hour, when he asked Indians to redeem their tryst with destiny. In between, on 22 July 1947, he had moved a resolution proposing that the national flag of India be a ‘horizontal tricolour of saffron, white and dark green in equal proportion, with a wheel in navy blue at the centre. On this occasion Nehru led a chorus of competitive patriotism, with each subsequent speaker seeking to see in the colours of the flag something special about his own community’s contribution to India.8
The speeches of symbolic importance were naturally made by Nehru. Just as naturally, the bulk of the back-room work was done by Vallabhbhai Patel. A consummate committeeman, he played a key role in the drafting of the various reports. It was Patel, rather than the less patient Nehru, who worked at mediating between warring groups, taking recalcitrant members with him on his morning walks and making them see the larger point of view. It was also Patel who moved one of the more contentious resolutions: that pertaining to minority rights.9
The third Congress member of importance was the president of the Assembly, Rajendra Prasad. He was nominated to the office on the day after the Assembly was inaugurated and held it with dignity until the end of its term. His was an unenviable task, for Indians are better speakers than listeners, and Indian politicians especially so. Prasadhad to keep the peace between quarrelsome members and (just as difficult) keep to the clock men who sometimes had little sense of what was trifling and what significant.
Outside this Congress trinity the most crucial member of the Assembly was the brilliant low-caste lawyer B. R. Ambedkar. Ambedkar was law minister in the Union government; and also chairman of the Drafting Committee of the Indian Constitution. Serving with him were two other formidable minds: K. M. Munshi, a Gujarati polymath who was a novelist and lawyer as well as freedom fighter, and Alladi Krishnaswami Aiyar, a Tamil who for fifteen years had served as advocate general to the Madras presidency.
To these six men one must add a seventh who was not a member of the Assembly at all. This was B. N. Rau, who served as constitutional adviser to the government of India. In along career in the Indian Civil Service Rau had a series of legal appointments. Using his learning and experience, and following a fresh study-tour of Western democracies, Rau prepared a series of notes for Ambedkar and his team to chew upon. Rau, in turn, was assisted by the chief draughtsman, S. N. Mukherjee, whose ‘ability to put the most intricate proposals in the simplest and clearest legal form can rarely be equalled’.10
IV
Moral vision, political skill, legal acumen: these were all brought together in the framing of the Indian Constitution. This was a coming together of what Granville Austin has called the ‘national’ and ‘social’ revolutions respectively.11 The national revolution focused on democracy and liberty – which the experience of colonial rule had denied to all Indians – whereas the social revolution focused on emancipation and equality, which tradition and scripture had withheld from women and low castes.
Could these twin revolutionsbe brought about by indigenous methods? Some advocated a ‘Gandhian constitution’, based on a revived panchayati raj system of village councils, with the village as the basic unit of politics and governance. This was sharply attacked by B. R. Ambedkar, who held that ‘th
ese village republics have been the ruination of India’. Ambedkar was ‘surprised that those who condemn Provincialism and communalism should come forward as champions of the village. What is the village but a sink of localism, a den of ignorance, narrow-mindedness and communalism?’12
These remarks provoked outrage in some quarters. The socialist H. V. Kamath dismissed Ambedkar’s attitude as ‘typical of the urban highbrow’. The peasant leader N. G. Ranga said that Ambedkar’s comments only showed his ignorance of Indian history. ‘All the democratic traditions of our country has [sic] been lost on him. If he had only known the achievements of the village panchayats in Southern India over a period of amillennium, he would not have said those things.13
However, the feisty female member from the United Provinces, Begum Aizaz Rasul, ‘entirely agreed’ with Dr Ambedkar.Asshe saw it, the ‘modern tendency is towards the rights of the citizen as against any corporate body and village panchayats can be very autocratic’14
Ultimately it was the individual, rather than the village, that was chosen as the unit. In other respects, too, the constitution was to look towards Euro-American rather than Indian precedents. The American presidential system was considered and rejected, as was the Swiss method of directly electing Cabinet ministers. Several members argued for proportional representation, but this was never taken very seriously. Another former British colony, Ireland, had adopted PR, but when the constitutional adviser, B. N. Rau, visited Dublin, Eamon de Valera himself told him that he wished the Irish had adopted the British ‘first-past-the-post’ system of elections and the British cabinet system. This, he felt, made for a strong government. In India, where the number of competing interest groups was immeasurably larger, it made even more sense to follow the British model.15 The lower house of Parliament, as well as the lower houses of the provinces, were to be chosen on the basis of universal adult franchise. After much discussion Parliament, as well as most provinces, decided also to have a second chamber to act as a check on the excesses of democratic zeal. Its members were chosen through indirect election, in the case of the Upper House of Parliament by the state legislatures.