VOL. XXXIX NO. 43 PAGES 48 NEW DELHI 24 - 30 JANUARY 2015 ` 8.00

THE BIRTH OF INDIAN CONSTITUTION - A REMINISCENCE

T he United Kingdom's Cabinet MissionPlan of 1946 was to assist the

Viceroy in setting up in India, a machineryby which Indians can devise their ownConstitution. This was the genesis behindthe formation of the Constituent Assemblyof India. The Cabinet Mission proposed toelect members of the ConstituentAssembly by indirect election by themembers of the Provincial LegislativeAssemblies. Initially, the ConstituentAssembly had 389 members but later itwas reduced to 299, as a separateConstituent Assembly was formed forPakistan. Though India gainedIndependence only on 15th of August,1947, the work on the Constitution beganmuch before that. The Constituent Assembly first met on 9thof December, 1946 and Jawaharlal Nehrumoved the famous 'Objective Resolution'on 13th December, 1946. The ObjectiveResolution later became the preamble tothe Constitution. Moving the resolution,Nehru said:"The Resolution that I am placing beforeyou is in the nature of a pledge. It hasbeen drafted after mature deliberationand efforts have been made to avoid con-troversy. A great country is sure to have alot of controversial issues; but we havetried to avoid controversy as much aspossible. The Resolution deals with fun-

damentals which are commonly held andhave been accepted by the people. I donot think thisResolution containsanything which wasoutside the limita-tions laid down bythe British Cabinetor anything whichmay be disagree-able to any Indian,no matter to what party or group hebelongs. Unfortunately, our country is fullof differences, but no one, except per-haps a few, would dispute the fundamen-

tals which this Resolution lays down. TheResolution states that it is our firm andsolemn resolve to have a sovereignIndian republic. We have not mentionedthe word 'republic' till this time; but youwill well understand that a free India canbe nothing but a republic."The Objective Resolution read as fol-lows:

1. This Constituent Assembly declaresits firm and solemn resolve to pro-

claim India as anI n d e p e n d e n tSovereign Republicand to draw up for herfuture governance aConstitution;2. WHEREIN the ter-ritories that now com-prise British India, the

territories that now form the IndianStates, and such other parts of Indiaas are outside British India and theStates as well as such other territories

as are willing to be constituted into theIndependent Sovereign India, shall bea Union of them all; and

3. WHEREIN the said territories,whether with their present boundariesor with such others as may be deter-mined by the Constituent Assemblyand thereafter according to the law ofthe Constitution, shall possess and

retain the status of autonomous Units,together with residuary powers andexercise all powers and functions ofgovernment and administration, saveand except such powers and func-tions as are vested in or assigned tothe Union, or as are inherent orimplied in the Union or resulting therefrom; and

4. WHEREIN all power and authority ofthe Sovereign Independent India, itsconstituent parts and organs of gov-ernment, are derived from the people;and

5. WHEREIN shall be guaranteed andsecured to all the people of India jus-tice, social economic and political;equality of status, of opportunity, andbefore the law; freedom of thought,expression, belief, faith, worship,vocation, association and action, sub-ject to law and public morality; and

6. WHEREIN adequate safeguards shallbe provided for minorities, backwardand tribal areas, and depressed andother backward classes; and

7. WHEREBY shall be maintained theintegrity of the territory of the Republicand its sovereign rights on land, sea,and air according to justice and thelaw of civilized nations; and

By Raghul Sudheesh

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Swami Vivekananda - the SpiritualScientist

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S wami Vivekananda, one of the greatestsons of India is always remembered all

over the world for his address at the World'sParliament of Religions held at Chicago in1893, which made the western intelligentsiato turnaround to recognise the great cultureand tradition India had since time immemo-rial. His speeches at the World's Parliamentof Religions made him famous as an 'oratorby divine right' and as a 'Messenger ofIndian wisdom to the Western world'. Afterthe Parliament, he spent nearly three and ahalf years, spreading Vedanta philosophyas taught and practised by Sri RamakrishnaParamhans, mostly in the eastern parts ofUSA and London.Swami Vivekananda, known in his pre-monastic life as Narendranath Datta, wasborn in Kolkata on 12 January 1863. Bornwith a yogic temperament, he used to prac-tise meditation even from his boyhood, andwas associated with Brahmo Movement forsome time. By the time he graduated fromCalcutta University, he had acquired vastknowledge of different subjects, especiallyWestern philosophy and history.One day in November 1881, Narendra wentto meet Sri Ramakrishna who was stayingat the Kali Temple in Dakshineshwar. Apartfrom removing doubts from the mind ofNarendra about the exis-tence of God, SriRamakrishna won him

over through his pure, unselfish love. Thusbegan a guru-disciple relationship which isquite unique in the history of spiritual mas-ters. Sri Ramakrishna instilled in him thespirit of renunciation and brotherly love forothers. In August 1886, Sri Ramakrishnagave up his mortal body. After the Master'spassing away, his disciples formed a newmonastic brotherhood and took the formalvows of sannyasa, thereby assuming newnames. Narendra thus became Swami

Vivekananda. In the middle of 1890, afterreceiving the blessings of Sri Sarada Devi,the divine consort of Sri Ramakrishna,known to the world as Holy Mother, Swamijiembarked on a long journey of explorationand discovery of India.During his travels all over India, SwamiVivekananda was deeply moved to see theappalling poverty and backwardness of themasses. He immediately understood thatthe real cause of India's downfall was theneglect of the masses that had lost faith intheir capacity to improve their lot as a resultof centuries of oppression. First of all, it wasnecessary to infuse into their minds, confi-dence and faith in themselves. For this theyneeded an inspiring message that can ener-gise them into leading a life full of activity fortheir own betterment. Their faith in religionbut with no understanding of the Vedantaphilosophy and its practical applicationshowed Swamiji the light amidst darkness.The masses needed two kinds of knowl-edge: secular knowledge to improve theireconomic condition and spiritual knowledgeto infuse in them faith in themselves andstrengthen their moral sense. Educationwas the answer that Swamiji found. To carryout his plans for the spread of educationand for the uplift of the poor masses, and

also of women, an efficient

SWAMI VIVEKANANDA - THE SPIRITUAL SCIENTIST Dr. H. R. Keshavamurthy

Continued on page 48

Continued on page 48

For a safe, sustainable, prosperous future forIndia; or global leadership in a knowledge andtechology intensive world, we need to put sci-ence, technology and innovation at the top ofnational priorities.

Narendra Modi, Prime Minister

HAPPY REPUBLIC DAY

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8. This ancient land attains its rightfuland honoured placed in the world andmake its full and willing contribution tothe promotion of world peace and thewelfare of mankind.

The resolution was adopted by theConstituent Assembly on 22nd ofJanuary, 1947. The Constituent Assemblyon 29th of August, 1947 set up a DraftingCommittee under the Chairmanship of Dr.B.R. Ambedkar to "scrutinise and to sug-gest necessary amendment to the draftConstitution of India prepared in theOffice of the Assembly on the basis of thedecisions taken in the Assembly."TheDrafting Committee submitted the draft ofthe Constitution to the ConstituentAssembly on 4th of November, 1948. Introducing the Draft Constitution, Dr.Ambedkar said, "The Draft Constitutionas it has emerged from the DraftingCommittee is a formidable document. Itcontains 315 Articles and 8 Schedules. Itmust be admitted that the Constitution ofno country could be found to be so bulkyas the Draft Constitution. It would be difficultfor those who have not been through it torealize its salient and special features. TheDraft Constitution has been before the pub-lic for eight months. During this long-timefriends, critics and adversaries have hadmore than sufficient time to express theirreactions to the provisions contained in it. Idaresay some of them are based on misun-derstanding and inadequate understandingof the Articles."M.V. Pylee in his book 'ConstitutionalHistory of India' notes, "The work of theConstitution was conducted in an atmos-phere of order and freedom. As many as7,635 amendments were originally tabledby the members to modify the various pro-visions of the Draft Constitution. Of these,2,473 were actually moved, discussed anddisposed off. This alone should show themanner in which the Assembly conductedits business. It was indeed a real democrat-

ic exercise.Discussion wereencouraged to themaximum. Therewas great toleranceto criticism and noimpatience with longdrawn-out debates,no attempt to hustlethrough, no endeav-our to impose ideasfrom any quarter." After two years,eleven months andseventeen days; theConstitution wasadopted by theC o n s t i t u e n tAssembly on 26th ofN o v e m b e r1949.There was anargument inside theC o n s t i t u e n tAssembly that theAssembly took along time to com-plete its task andwasted publicmoney. Rejecting the argument, Dr. Ambedkar pre-sented a detailed picture of the Assembly'swork and said, "The Constituent Assemblyhas altogether held eleven sessions. Out ofthese eleven sessions the first six werespent in passing the Objectives Resolutionand the consideration of the Reports ofCommittees on Fundamental Rights, onUnion Constitution, on Union Powers, onProvincial Constitution, on Minorities and onthe Scheduled Areas and Scheduled Tribes.The seventh, eighth, ninth, tenth and theeleventh sessions were devoted to the con-sideration of the Draft Constitution. Theseeleven sessions of the ConstituentAssembly have consumed 165 days. Out ofthese, the Assembly spent 114 days for theconsideration of the Draft Constitution….. Imention these facts because at one stage itwas being said that the Assembly had taken

too long a time tofinish its work, that itwas going onleisurely and wast-ing public money. Itwas said to be acase of Nero fid-dling while Romewas burning. Isthere any justifica-tion for this com-plaint?"Though Dr. Ambedkaris often credited asthe Chief Architect ofIndian Constitution, hegave that credit to BNRau and others. Afterpresenting the DraftConstitution, he said,"The credit that isgiven to me does notreally belong to me. Itbelongs partly to SirBN Rau, theConstitutional Adviserto the ConstituentAssembly who pre-

pared a rough draft of the Constitution for theconsideration of the Drafting Committee."Mentioning others contributions, Dr.Ambedkar added, "A part of the credit mustgo to the members of the DraftingCommittee who, as I have said, have sat for141 days and without whose ingenuity todevise new formulae and capacity to toler-ate and to accommodate different points ofview, the task of framing the Constitutioncould not have come to so successful aconclusion. Much greater, share of the cred-it must go to Mr. S.N. Mukherjee, the ChiefDraftsman of the Constitution. His ability toput the most intricate proposals in thesimplest and clearest legal form canrarely be equalled, nor his capacity forhard work. He has been an acquisition tothe Assembly. Without his help, thisAssembly would have taken many more'years to finalise the Constitution."

Thirty years after the adoption of theConstitution, the Supreme Court BarAssociation in 1979 under the leadershipof Dr. L.M. Singhvi declared November26th as Law Day and from then onwards,Law Day is celebrated every year to hon-our the founding fathers of ourConstitution. Senior Advocate and thenSupreme Court Bar AssociationPresident, M.N. Krishnamani once said,"The real purpose of celebrating Law Dayis to rededicate ourselves to the followingcardinal principles which form the solidfoundation on which this grand consti-tutional edifice is erected: I. Rule of law.II. Independence of the judiciary. III. Independence of the legal profession.These three principles are intimatelyinterconnected. The main purpose of anindependent judiciary and an independ-ent Bar is only to ensure that there is aRule of Law."It would be only apt to quote GranvilleAustin, from his book 'The IndianConstitution' - "Looking back over fiftyyears, I am struck by the extent to whichthe framers were successful in articulat-ing the nation's goals and in designing thenecessary governing structures. TheConstitution has served the nationremarkably well." Indian Judiciary has been the watchdog ofour Constitution and has protected it fromany form of attack over the several years. Itevolved the doctrine of 'basic structure' inKesavananda Bharati case, where the Courtruled that; the basic features of ourConstitution cannot be altered or destroyedthrough amendments by the parliament. OurConstitution has stood the test of time and isnow a model constitution to many other coun-tries. If democracy has prevailed in this nationfor these many years, the sole credit for thatmust be given to our Constitution.(Author's bio: Raghul Sudheesh isAssociate Editor at Bar & Bench, alegal news and analysis portal. Youcan write to him at raghul@barand-bench.com)

THE BIRTH OF ...Continued from page 1

Biggest obstruction to development ofnational character is the filth seen allaround us. The first job in the govern-ment I did after coming here, was that ofcleaning. People were surprised. Is it thejob of a Prime Minister. But for me, it isa very big job. Let us decide that in 2019 when weobserve Mahatma Gandhi’s 150thanniversary, we will not let our village,city, country, school, colony, temple,hospital and all other areas remain dirty.It is not Government’s job, it is to bedone by public participation.

Narendra Modi, Prime Minister

organization of dedicated people was need-ed. It was for this purpose Swamiji foundedthe Ramakrishna Mission a few years later.Thus began the social engineering with atouch of spiritualism. In response to theenthusiastic welcome that he receivedeverywhere, he delivered a series of lec-tures in different parts of India, which creat-ed a great stir all over the country. Throughthese inspiring and profoundly significantlectures, Swamiji attempted to rouse thereligious consciousness of the people andcreate in them pride in their cultural her-itage; to bring about unification of Hinduismby pointing out the common bases of itssects; to focus the attention of educatedpeople on the plight of the downtroddenmasses, and to expound his plan for theiruplift by the application of the principles ofPractical Vedanta.Swami Vivekananda founded theRamakrishna Mission on 1 May 1897, inwhich monks and common people wouldjointly undertake propagation of PracticalVedanta, and various forms of social serv-ice, such as running hospitals, schools, col-leges, hostels, rural development centresetc, and conducting massive relief andrehabilitation work for victims of earth-quakes, cyclones and other calamities, indifferent parts of India and other countries.In early 1898, Swami Vivekananda acquireda big plot of land on the western bank of theGanga at a place called Belur where heestablished a new, universal pattern ofmonastic life which adapts ancient monastic

ideals to the conditions of modern life, whichgives equal importance to personal illumina-tion and social service, and which is open toall men without any distinction of religion,race or caste. Swami Vivekananda's contribution to India'srenaissance including its emergence as anindependent nation is profound. But his con-tribution to World culture and philosophycan be summed up as follows

One of the most significant contributionsof Swami Vivekananda to the modernworld is his interpretation of religion as auniversal experience of transcendentReality, common to all humanity. Thisuniversal conception frees religion fromthe hold of superstitions, dogmatism,priest craft and intolerance, and makesreligion the highest and noblest pursuitof supreme freedom, supremeKnowledge, supreme Happiness that isaccomplished by realising one's ATMAas part of PARAMATMA.Vivekananda's concept of potentialdivinity of the soul prevents this degra-dation, divinizes human relationships,and makes life meaningful and worth liv-ing. Swamiji has laid the foundation forcurrent interest in meditation/pranaya-ma, all over the world.Our morality in both individual life andsocial life is mostly based on fear ofsocietal censure. But Vivekananda gavea new theory of ethics and new principleof morality based on the intrinsic purityand oneness of the Atman. We shouldbe pure because purity is our realnature, our true divine Self or Atman.

Similarly, we should love and serve ourneighbours because we are all one inthe Supreme Spirit known asParamatma or Brahman.Another great contribution of SwamiVivekananda was to build a bridgebetween Indian culture and Western cul-ture. He did it by interpreting Hinduscriptures and philosophy and the Hinduway of life and institutions to theWestern people in an idiom which theycould understand. In this way he wasinstrumental in ending India's culturalisolation from the rest of the world. Hewas India's first great cultural ambassa-dor to the West.

Swami Vivekananda gave Indians properunderstanding of their country's great spiri-tual heritage and thus gave them pride intheir past and strengthened the sense ofunity as a nation. Netaji Subhash ChandraBose wrote: "Swamiji harmonized the Eastand the West, religion and science, pastand present. And that is why he is great.Our countrymen have gained unprecedent-ed self-respect, self-reliance and self-asser-

tion from his teachings."At the end of the19th century, India in general, and Hinduismin particular, faced grave challenges fromWestern materialistic life, the ideas ofWestern free society, and the proselytizingactivities. Vivekananda met these chal-lenges by integrating the best elements ofWestern culture in Hindu culture.During his later part of life Swamiji spent oninspiring and guiding people, both monasticand lay. His health deteriorated and the endcame quietly on the night of 4 July 1902.Before his Mahasamadhi, he had written toa Western follower: "It may be that I shallfind it good to get outside my body, to cast itoff like a worn out garment. But I shall notcease to work. I shall inspire men every-where until the whole world shall know thatit is one with God." The world still needs hisguidance in its pursuit of establishing aGlobal village of peace and prosperity.(Dr. H.R. Keshavamurthy is the Director(M&C) in PIB Kolkatta, (PIB Features)Email: - featuresunit@gmail.comhimalaya@nic.in)

SWAMI VIVEKANANDA ...Continued from page 1

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