This article has been written by Jigyasa Nain, a student studying BBA.LLB from Indian Institute of Management, Rohtak. The author is a 1^st year law student.

Background

The 1940s, the last decade of British colonial control in India, when when the Constituent Assembly of India was first established. The main political party in the nation, the Indian National Congress, has long called for India’s independence and self-rule. A resolution requesting that the British government “declare India’s independence” and “transfer power to the people” was adopted by the Congress in 1940. In response, the British administration said in 1946 that it would hand over control to the Indians.

The British administration consented in 1946 to elections for an assembly that would write a new constitution for India. The Indian National Congress won the most votes in the assembly after the elections in July 1946. A total of 389 people made up the Constituent Assembly, which was made up of representatives from the princely states and the British Indian provinces.

The Constitution was drafted over the course of three years, from 1947 to 1950, and it was a laborious and complicated process that started on December 9, 1946. Dr. B. R. Ambedkar, who served as the chairman of the drafting committee, presided over the Constituent Assembly. The assembly received the Constitution’s final draught from the drafting committee on November 4, 1948, and it was approved on November 26, 1949. On January 26, 1950, the Constitution went into effect, establishing India as a republic.

At the time of its ratification, the Indian Constitution, which had a Preamble, 448 articles, and 22 parts, was the longest constitution in the world. The Indian Constitution promised a wide range of rights and freedoms to its citizens and created the groundwork for a democratic, secular state. With the passage of the Constitution, British colonial control over India came to an end, and a new era as a democratic, secular republic began.

Reason behind disagreements 

The members of the Constituent Assembly disagreed for a number of reasons as the Indian Constitution was being written.

1. Ideological Differences: 

Because the Constituent Assembly included members from a variety of political parties and ideologies, there were differences of opinion on a number of different topics, including the role of the state, the structure of the federation, and the rights and freedoms that should be guaranteed to citizens.

2. Regional and linguistic diversity: 

Because India is a diverse nation with many distinct regions and linguistic groups, there have been conflicts over matters like the state’s official language and the division of authority between the federal government and the states.\

3. Caste and communal divisions: 

Disagreements inside the assembly were also influenced by caste and communal differences in India. Among the most divisive topics raised were caste-based reservations and the subject of special privileges for minority communities.

4. Economic and social problems: 

Disagreements within the assembly were also brought about by the nation’s economic and social problems, such as caste prejudice and poverty. Among the most heated topics raised were the problem of property rights as well as the rights of workers and peasants.

5. Political factors: 

The legislature was split between the Congress Party, which was in power, and other groups with opposing beliefs such the Communist Party, Muslim League, and Hindu Mahasabha. Conflicts among the assembly members were also influenced by political factors and a desire to maintain political power.

The arguments among the assembly members also reflected personal goals and egos. These various variables all had a role in the disputes and controversies that occurred during the difficult and complex process of establishing the Indian Constitution.

Major Controversies

1. Language 

One of the most divisive topics during the formulation of the Indian Constitution was the question of language. India is a multicultural nation where many different languages are spoken, hence the Constituent Assembly debated which language should serve as the state’s official language.

The Constituent Assembly initially recommended Hindi as the state’s official language, but non-Hindi-speaking areas, particularly in South India, fiercely opposed this idea. They maintained that the majority of people in the South did not speak or understand Hindi, and they were worried that making Hindi the official language would result in prejudice against and marginalisation of non-Hindi speaking areas.

The linguistic problem topic sparked contentious discussions and debates in the Constituent Assembly. The delegates from non-Hindi speaking regions urged the protection of linguistic rights as well as the acknowledgment of local languages. Additionally, they required that a language neutral enough to be understood by citizens from all regions serve as the state’s official language.

In the end, a “two-language formula” that was incorporated into the Constitution represented a compromise. This formula stipulated that Hindi and English would be the state’s official languages for 15 years, following which the issue of the official language would be reconsidered. Regional languages may also be used for some governmental functions, according to the Constitution.

The language debate during the drafting of the Indian Constitution is a reflection of the complexity and diversity of Indian society as well as the difficulties in creating a constitution that works for such a diverse nation.

2. Hindu Code Bill 

With relation to marriage, divorce, inheritance, and adoption in particular, the Hindu Code Bill sought to update and modernise Hindu society’s personal laws. Dr. B. R. Ambedkar presented the measure to the Constituent Assembly, where it was vigorously opposed by conservative members who said it would interfere with religious practises and traditions.

Hindu traditionalists, who claimed that the bill would weaken the authority of Hindu religious authorities and impose Western norms on Hindu culture, opposed the bill in particular. They asserted that the measure would jeopardise women’s place in Hindu society and would cause the dissolution of traditional Hindu family structures.

Some Christians and Muslims who were opposed to the measure claimed that it would discriminate against minority groups and impose a common set of regulations on all residents regardless of their religion.

Despite the resistance, the Constituent Assembly passed the measure in 1955; nevertheless, it was split into four separate laws, each of which dealt with a different component of personal law. Between 1955 and 1956, regulations governing marriage, adoption, maintenance, and inheritance were passed.

The debate around the Hindu Code Bill highlights the difficulties in establishing a secular, equitable legal system in a multicultural, traditional culture. The conflict between the urge to update and improve societal structures and the concern over eroding custom and religious authority is also highlighted.

3. Autonomy of Princely States

A contentious topic during the creation of the Indian Constituent Assembly was the autonomy of princely kingdoms. India was made up of both princely states, which were semi-autonomous areas administered by local monarchs, and provinces governed by the British.

Because the British administration had promised the rulers of these states that they would have the option of joining the new independent India or staying independent after the end of British rule, the question of the autonomy of princely states arose. The major political party in the Constituent Assembly, the Indian National Congress, rejected the idea of enabling princely states to stay independent, claiming that doing so would result in the disintegration of the nation.

The princely kingdoms should be incorporated into an independent, united India, according to the Congress, which also claimed that its rulers shouldn’t have any particular rights or autonomy. The princely state leaders, many of whom had relations to the British administration dating back a long time, resisted this proposal and pushed for the preservation of their independence and privileges.

The Congress and the kings of the princely states engaged in a great deal of debate and negotiation over this topic. The majority of the princely states eventually became a part of the Indian Union through a series of discussions and agreements known as the “Instrument of Accession.”

The conflict between the desire for unity and the maintenance of existing power structures is reflected in the debate over the autonomy of princely states, which highlights the difficulties in forging a united and independent India from a diverse and divided nation.

4. Citizenship

The issue of how to handle the sizable population that was labelled as “stateless” or “non-citizens” due to the convoluted and frequently arbitrary nature of the colonial-era laws and regulations that governed citizenship was another issue surrounding citizenship during the formulation of the Indian Constitution. Certain communities, such those of Indian descent in East Africa and Indian expatriates in Gulf nations who had lived abroad for decades and had little connection to India, were severely impacted by this issue. The right of those people to citizenship had to be balanced against the concern that a big influx of people would overwhelm the already troubled economy. This was a challenge for the Constitution’s framers.

Various recommendations addressing citizenship were made while the Constitution was being written. While some members of the Constituent Assembly argued for a restrictive definition of citizenship that would restrict it to members of particular ethnic or religious groups, others argued for a more liberal definition that would grant citizenship to all citizens of the nation regardless of their background.

How to handle the massive influx of migrants and refugees that came to India from nearby nations, mainly Pakistan, after India’s partition in 1947 was one of the major issues underlying the citizenship debate. While some members of the Constituent Assembly claimed that these immigrants should be considered as foreigners and refused citizenship, others disagreed. The citizenship provisions of the Constitution were also criticised by some groups, who felt that they did not go far enough to protect the rights and privileges of some marginalised groups, including as the Dalits, Adivasis, and religious minorities.

With a few exclusions, the Constitution finally established a broad definition of citizenship that extended it to everyone born in India or who had a place of residence there. The Citizenship Act of 1955, which outlined the precise procedures for awarding and refusing citizenship to these categories, did address the problem of citizenship for migrants and refugees.

5. Emergency Provision

When the Indian Constitution was being drafted, the topic of emergency powers was contentious. The Constitution’s authors had to decide how to strike a balance between the necessity to safeguard the country in times of emergency and the need to safeguard citizens’ rights and liberties.

The extent to which the government should be able to suspend or restrict fundamental rights during an emergency was one of the major issues surrounding emergency powers. In order to protect individuals’ civil freedoms, some members of the Constituent Assembly claimed that the government should have broad authority to address both internal and external dangers. On the other hand, some contended that the government should be restricted in how much it can restrict rights.

The length and circumstances under which an emergency may be declared, as well as the function of the judiciary in such cases, were also contentious issues. While some members of the Constituent Assembly urged for a lengthier period of emergency and more leeway in the government’s ability to impose it, others argued for a shorter duration and more severe requirements.

A compromise was eventually accepted by the Constitution, providing for the declaration of an emergency in three situations: war, external aggression, and internal unrest. Although the Constitution provides various safeguards to guarantee that people’ rights are safeguarded during an emergency, such as the requirement that the President’s decision to declare an emergency must be supported by both chambers of Parliament and certain rights can be suspended during an emergency.

The difficulty of combining the necessity for national security with the protection of civil liberties and the function of the judiciary in such situations is shown in the discussion over emergency powers during the drafting of the Indian Constitution.

6. Secularism

Secularism was a contentious topic when the Indian Constitution was being drafted. The framers of the Constitution had to figure out how to guarantee that the state would treat all religions equally while also respecting people’s rights to practise their own religion because India is a varied nation with many different religious communities.

The extent to which the government should be involved in religious matters was one of the major issues surrounding secularism. While some members of the Constituent Assembly supported a strict separation of church and state, others believed that the government should have the authority to control religious institutions and practises in order to prevent social harm.

How to guarantee equal rights and protection for minority religious communities was a topic of debate as well. Specific protections for minority rights should be included in the Constitution, some members of the Constituent Assembly contended, while others countered that doing so would cause division and compromise the idea of equal treatment for all faith communities.

In the end, the Constitution embraced the secularism concept, which urges the division of church and state and forbids discrimination based on religion. It does, however, contain several clauses that permit the state to control religious organisations and practises in specific situations, such as the outlawing of religious practises deemed detrimental to society.

The challenges of balancing the need to respect people’s rights to practise their own religion with the need to ensure that the state treats all religions equally and the need to protect the rights of minority religious communities are reflected in the debate over secularism during the drafting of the Indian Constitution.

7. Fundamental Rights

When the Indian Constitution was being written, the issue of fundamental rights was a contentious one. The Constitution’s founders had to decide how to strike a balance between the need to safeguard people’ rights and liberties and the need to advance the welfare and growth of the country.

The extent to which the government should be permitted to limit or suspend fundamental rights in specific situations was one of the major issues surrounding them. In order to protect individuals’ civil freedoms, some members of the Constituent Assembly claimed that the government should have broad authority to address both internal and external dangers. On the other hand, some contended that the government should be restricted in how much it can restrict rights.

How to guarantee that the rights of vulnerable communities were respected sparked additional debate. Specific clauses in the Constitution should be included to preserve the rights of minority communities, some members of the Constituent Assembly said, while others countered that doing so would cause division and compromise the idea of equal treatment for all people.

The final section of the Constitution lists a number of fundamental freedoms that are guaranteed by the law, including freedom of expression, of religion, of assembly, and the ban on discrimination based on a number of reasons. It also outlines a method for suspending some rights in times of emergency and permits the state to impose reasonable restrictions on the exercise of these rights in certain situations.

The difficulty of striking a balance between the need to protect citizens’ rights and liberties, the need to ensure the welfare and development of the country, and the need to protect the rights of marginalised communities is reflected in the debate over fundamental rights during the drafting of the Indian Constitution.

Conclusion

Numerous parties and people fought to have their interests represented in the final Indian Constitution during the lengthy and contentious process of its drafting. Despite these disagreements, India’s democracy and growth over the past seven decades have been built on the Constitution, which ultimately proved to be a fair and complete constitution. The Constitution’s adaptability and flexibility have allowed it to alter over time while maintaining its primary principles of democracy, secularism, and fundamental rights. Additionally, it has given a framework for tackling the social and economic issues facing the nation and defending the rights and interests of all individuals. Overall, the debates that took place as the Indian Constitution was being created were evidence of the democratic process, and the Constitution has proven to be a key piece of legislation for the advancement and development of the nation.

Reference: 

1. https://byjus.com/question-answer/how-the-language-controversy-was-solved-in-the-constituent-assembly/ 
2. “Indian Constitution: Conflicts and Controversies Hardcover” book  by Subhash. C. Kashyap

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