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  • Anoop Kumar

“The founding fathers and their role in drafting the Constitution”

Written by : Anoop Kumar, LL. B , Lovely professional university



INTRODUCTION

The Indian Constitution was primarily drafted and shaped by a committee of eminent

individuals, and its principal architect was Dr. B. R. Ambedkar. He is often referred to as

the “Father of the Indian Constitution.”


Key figures involved in the drafting of the Indian Constitution include:


  • 1. Dr. B. R. Ambedkar: He chaired the drafting committee and played a pivotal role in crafting the Constitution of India. His expertise in law and his commitment to social justice significantly influenced the document.

  • 2. Jawaharlal Nehru: As the first Prime Minister of India, Nehru was a key political figure in the process and supported the adoption of a democratic and secular constitution.

  • 3. Sardar Vallabhbhai Patel: Known for his role in integrating princely states into the Indian Union, Patel was an important figure in the formation of the Indian Republic.

  • 4. Rajendra Prasad: The first President of India, Rajendra Prasad was involved in the Constituent Assembly and the framing of the Constitution.

  • 5. Alladi Krishnaswamy Ayyar: He served as a legal advisor to the Constituent Assembly and made significant contributions to the drafting process.

  • 6. B. R. Rajam: A jurist and diplomat, Rajam made contributions to the drafting of the Constitution, particularly in the realm of international law.

These individuals, along with many others in the Constituent Assembly of India, worked together to create the Indian Constitution, which was adopted on January 26, 1950, marking the birth of the Indian Republic. The Constitution of India is a comprehensive legal document that defines the structure of the Indian government and enshrines principles of democracy, secularism, and fundamental rights.


Historical evolution of Indian constitution


The historical evolution of the makers of the Indian Constitution, often referred to as the

“Founding Fathers” or “Architects” of the Indian Constitution, is a significant part of

India’s post-independence history. Here is an overview of their roles and contributions to

the Constitution:


1.Dr. B. R. Ambedkar (Father of the Indian Constitution): Dr. Bhimrao Ramji

Ambedkar was a prominent jurist, social reformer, and the Chairman of the Constitution


Drafting Committee. His significant contributions include:

• Leading the drafting of the Constitution.

• Advocating for social justice and the rights of marginalized communities, especially the Scheduled Castes (Dalits).

• Ensuring the inclusion of provisions for reservations and fundamental rights in the Constitution.

2.Jawaharlal Nehru: India’s first Prime Minister and a key figure in the Indian independence movement. His contributions include:

• Advocating for a democratic and secular state.

• Promoting a socialist and mixed economy.

• Laying the foundation for India’s foreign policy.

3.Sardar Vallabhbhai Patel: A leader in the Indian National Congress, he played a pivotal role in the integration of princely states into the Indian Union.

4.Rajendra Prasad: The first President of India, he was a member of the Constituent Assembly and contributed to the framing of the Constitution.

5.K. M. Munshi: A member of the Constituent Assembly, he was instrumental in the selection and organization of historical documents for the Constitution’s preamble.

6.Alladi Krishnaswamy Ayyar: A legal expert and member of the drafting committee, he made significant contributions to the Constitution.

7. Rajendra Prasad: The first President of India, he was a key member of the Constituent Assembly.

8.B. R. Rajam: A jurist and diplomat who made contributions to the drafting of the Constitution, particularly in the area of international law.

9.D. P. Khaitan: A prominent lawyer who provided valuable legal insights during the drafting of the Constitution.

10.Vallabhbhai Patel: Another critical figure in the integration of princely states into the Indian Union and a member of the Constituent Assembly.

These individuals, along with many others in the Constituent Assembly of India, worked diligently to create the Indian Constitution. Their collective efforts resulted in a comprehensive and visionary document that set the course for India as a sovereign, democratic, and republic nation. The Indian Constitution remains a symbol of their dedication to justice, equality, and fundamental rights.


Challenges in Indian constitution

The Indian Constitution, despite its comprehensive and visionary nature, has faced

numerous challenges since its adoption in 1950. Some of the key challenges include:

1.Caste-Based Discrimination: The persistence of caste-based discrimination and inequality has been a significant challenge, particularly in rural areas. Despite constitutional provisions for affirmative action and reservations, social and economic disparities continue to affect marginalized communities.

2.Religious and Communal Tensions: India’s diverse religious and cultural landscape has at times led to religious tensions and communal violence. Ensuringreligious harmony and preventing religious-based conflicts is an ongoing challenge.

3.Terrorism and Insurgency: India has faced threats from various extremist groups and insurgencies, which challenge the maintenance of law and order in different regions.

4.Corruption: Corruption at various levels of government and society remains a significant challenge. It erodes public trust in institutions and hinders economic development.

5.Legal Backlogs: A large number of pending cases in Indian courts create a backlog, delaying access to justice for many citizens.

6.Environmental Issues: Environmental challenges, such as air pollution,

deforestation, and water scarcity, pose a significant threat to public health and the

environment. Balancing development with environmental sustainability is a complex

issue.

7.Economic Disparities: Economic inequality remains a challenge, with a significant portion of the population living in poverty. Bridging the wealth gap and ensuring equitable economic growth is a priority.

8.Gender Inequality: Despite constitutional provisions for gender equality, India continues to grapple with gender-based discrimination, violence against women, and unequal access to opportunities.

9.Political Polarization: Increasing political polarization and contentious politics

can undermine effective governance and decision-making.

10.Freedom of Expression and Press: Concerns about freedom of expression and

press freedom have arisen, with incidents of censorship and restrictions on media.

11.Separatist Movements: Certain regions of India have seen separatist

movements, demanding greater autonomy or independence, which challenge the unity

and integrity of the nation.

12.Ethnic and Linguistic Diversity: Managing and addressing the cultural and

linguistic diversity within India is a complex task. Ensuring the rights of linguistic and

cultural minorities is an ongoing challenge.

13.Adverse Effects of Globalization: While globalization has brought economic

opportunities, it has also led to concerns about cultural homogenization and the

exploitation of labor and resources.

14.Education and Healthcare: Ensuring access to quality education and healthcare

for all citizens remains a challenge, particularly in rural and remote areas.

15.Institutional Reforms: Reforms to improve the efficiency and transparency of

institutions, including the judiciary and the bureaucracy, are needed to strengthen the

governance system.

Addressing these challenges is an ongoing process that requires the government, civil

society, and the public to work together to ensure that the principles and values

enshrined in the Indian Constitution are upheld and that the country continues to

progress towards a more just and equitable society.


Updates in Indian constitution

1.Abrogation of Article 370: In August 2019, the Indian government revoked the

special status of the state of Jammu and Kashmir by abrogating Article 370 and

reorganizing the state into two union territories - Jammu & Kashmir and Ladakh.

2.Citizenship Amendment Act (CAA): The Citizenship Amendment Act, passed in

December 2019, led to nationwide protests. It offers a path to Indian citizenship for non-Muslim migrants from neighboring countries. Critics argue that it discriminates

against Muslims.

3.National Register of Citizens (NRC): The government proposed a nationwide

NRC, a process to verify the citizenship status of individuals. It was initially implemented

in the state of Assam, leading to concerns and debates regarding its implications.

4.LGBTQ+ Rights: In a historic judgment in 2018, the Indian Supreme Court

decriminalized consensual same-sex relations, marking a significant step towards

LGBTQ+ rights.

5.Triple Talaq Bill: The government passed the Muslim Women (Protection of

Rights on Marriage) Bill in 2019, making instant triple talaq (divorce) a criminal offense.

6.Farm Laws Controversy: The contentious Farm Laws, aimed at agricultural

reforms, led to widespread farmer protests, highlighting issues related to agriculture and

federal-state relations.

7.COVID-19 Pandemic: The Constitution was invoked to manage the COVID-19

pandemic, allowing for various measures, such as lockdowns and restrictions, to combat

the spread of the virus.

8.Reservation Policies: Reservation policies for scheduled castes, scheduled tribes,

and other backward classes continue to be a significant aspect of the Indian Constitution,

with debates about their effectiveness and implementation.

9.Supreme Court Rulings: The Indian Supreme Court has issued various landmark

rulings on topics such as privacy (Justice K.S. Puttaswamy vs. Union of India), freedom of

expression (such as the Aadhaar judgment), and religious freedom (Ayodhya verdict).

10.Digital Rights: The issue of digital rights, including data privacy and freedom of

expression on the internet, is a growing concern and subject to legal and constitutional

discussions.

Please note that the Indian Constitution is a dynamic document, and changes, amendments, and legal developments occur over time. To understand the most current

status and developments in the Indian Constitution, it is advisable to consult the latest

legal sources and news.

Conclusion

The Indian Constitution is a remarkable document that serves as the foundation of the

world’s largest democracy. Its creation and continued evolution reflect the aspirations

and values of a diverse and complex nation. In conclusion:

1.Democratic Framework: The Indian Constitution establishes India as a

sovereign, socialist, secular, and democratic republic. It upholds the principles of justice,

equality, and fraternity.

2.Diversity and Pluralism: The Constitution recognizes and celebrates India’s rich

cultural and religious diversity. It provides for freedom of religion and ensures that

people of all faiths and backgrounds can coexist harmoniously.

3.Fundamental Rights: The Constitution guarantees fundamental rights to all

citizens, including the right to equality, freedom of expression, and protection against

discrimination. It emphasizes social justice and empowers marginalized communities.

4.Federal Structure: India’s federal structure divides powers between the central

government and states, allowing for a degree of regional autonomy. The Constitution also

defines the process for reorganization of states.

5.Parliamentary Democracy: The Constitution outlines the parliamentary system

of government, with elected representatives in the Lok Sabha (House of the People) and

Rajya Sabha (Council of States). The President is the ceremonial head of state.

6.Social and Economic Welfare: The Directive Principles of State Policy provide

guidance for achieving a just and equitable society, emphasizing economic and social

welfare measures.

7.Judicial Independence: The Constitution establishes an independent judiciary,

with the Supreme Court at the apex, to safeguard the rule of law and protect

fundamental rights.

8.Amendment Process: The Constitution includes provisions for its own

amendment, ensuring that it can adapt to changing circumstances. However, some basic

features are considered unamendable.

9.Challenges and Evolutions: India’s Constitution has faced and continues to

address challenges related to social justice, communal harmony, governance, and

economic development.


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