Class 12 History Chapter 15 Framing the Constitution The Beginning of a New Era

Chapter Overview: Framing the Constitution – The Beginning of a New Era

Book: Themes in Indian History – Part II

Subject: CBSE Class 12 History

Chapter Focus: This chapter delves into the process of framing the Indian Constitution after gaining independence in 1947. It explores the historical, political, and social context that led to the creation of the Constitution of India, the challenges faced during its framing, and the key figures involved in drafting it. The chapter also examines the significance of the Constitution in shaping India’s democratic and secular future.

About the Chapter: Understanding the Framing of the Indian Constitution

The Indian Constitution, adopted on January 26, 1950, is one of the most important documents in the history of modern India. After gaining independence from British rule, India needed a comprehensive legal and political framework to govern a diverse, multi-lingual, multi-religious society. This chapter discusses the role of the Constituent Assembly, the debates, and the decisions made to shape the Constitution of India, which became the foundation of the Indian republic.

The chapter also focuses on the core principles enshrined in the Constitution, including justice, equality, and liberty, and how these principles are reflected in the fundamental rights and duties of citizens. It looks at the influences that shaped the Constitution, including ideas from Indian traditions, British colonial laws, and global democratic movements.

Key Themes of the Chapter:

1. The Context of Constitution Making:

End of British Rule: The end of British colonial rule in 1947 created the need for a new constitutional framework. The Indian Independence Act of 1947 marked the partition of India into two independent nations: India and Pakistan. This division had profound implications for the Constitution, especially in terms of religious pluralism and national unity.

The Need for a New Constitution: India, a land with diverse cultures, languages, and religions, required a unique constitutional document that could unify the nation while accommodating its diversity. The Constitution needed to address the aspirations of the people, ensure justice, and lay the foundations for a modern democratic state.

2. The Constituent Assembly:

Formation of the Constituent Assembly: In 1946, the Constituent Assembly was formed to draft the Constitution. Its members were elected through a combination of direct and indirect elections. The Assembly consisted of prominent leaders, intellectuals, and legal experts who were tasked with creating a democratic framework for independent India.

Key Figures in the Assembly: The Constituent Assembly was chaired by Dr. Rajendra Prasad, and Dr. B.R. Ambedkar is often recognized as the principal architect of the Constitution. Other key members included Jawaharlal Nehru, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, and Alladi Krishnaswamy Iyer.

Diverse Representation: The Assembly was composed of members from different political parties, regions, and social backgrounds, reflecting India’s diversity. This diversity led to rich debates and discussions over various issues, from the structure of government to the protection of minority rights.

3. Debates and Discussions:

Secularism and Religion: One of the significant debates was over the nature of India’s identity, especially concerning the relationship between religion and politics. The issue of whether India should be a theocratic state or a secular state was discussed. Ultimately, the Constitution was framed to establish India as a secular republic, where the state would not favor any religion.

Language and Representation: Another critical debate focused on the languages of the country and how to accommodate linguistic diversity. The framers decided to declare Hindi as the official language but allowed for the continuation of regional languages and English as an associate official language for a transition period.

Fundamental Rights: The Constituent Assembly was keen on ensuring that the Constitution provided strong protections for individual freedoms and rights. The inclusion of Fundamental Rights, which guarantee freedom of speech, equality, and protection against discrimination, was one of the most significant achievements of the Assembly.

4. Influences on the Constitution:

Indian Traditions and Modernity: The framers of the Constitution drew inspiration from various sources. They were influenced by India’s ancient traditions of justice and governance but also sought to incorporate modern principles of democracy, equality, and the rule of law.

British Colonial Legacy: The British legal and administrative system influenced the Indian Constitution. Many provisions in the Constitution, such as the structure of government, judicial independence, and administrative machinery, were based on British models.

Global Inspirations: The framers of the Indian Constitution were also influenced by the ideas and constitutions of other democratic nations, particularly the United States, Britain, and Ireland. The concepts of federalism, separation of powers, and fundamental rights were borrowed from these global sources.

5. Key Features of the Indian Constitution:

Preamble: The Preamble of the Constitution declares India to be a sovereign, socialist, secular, democratic republic. It emphasizes the values of justice, liberty, equality, and fraternity.

Federal Structure: The Indian Constitution provides for a federal system with a strong central government. This system was designed to accommodate India’s diversity while ensuring unity in governance.

Secularism: The Indian Constitution declares that the state will not have an official religion and will protect the rights of all religious communities equally.

Fundamental Rights and Duties: The Constitution includes a chapter on Fundamental Rights that guarantees freedoms like speech, religion, and protection from discrimination. It also outlines Fundamental Duties that citizens should follow.

Directive Principles of State Policy: These guidelines are meant to guide the state in framing policies for the welfare of the people, particularly the poor and marginalized sections of society.

Independent Judiciary: The Constitution establishes an independent judiciary, headed by the Supreme Court, to uphold the rule of law and protect individual rights.

6. The Adoption of the Constitution:

Final Draft and Adoption: After over two years of deliberations, the Constitution was finalized on November 26, 1949, and it came into effect on January 26, 1950, a date that is celebrated as Republic Day in India.

Symbolic Significance: The adoption of the Constitution marked the beginning of a new era for India as an independent, democratic republic. It provided a legal framework for the governance of the country and laid the foundation for democratic processes and social justice.

Major Features of the Period:

Sources and Interpretation:

The Constituent Assembly Debates: The debates and discussions in the Constituent Assembly are crucial sources for understanding the philosophical and political underpinnings of the Constitution. These debates are recorded in the Constituent Assembly Debates, which serve as an important resource for historians.

Framers’ Writings: The writings and speeches of the framers of the Constitution, particularly B.R. Ambedkar, Nehru, and others, provide insight into their vision for an independent India and the principles that guided the drafting process.

Global Comparisons: The framers of the Indian Constitution were aware of global developments in governance and law. The Indian Constitution reflects the influence of various democratic models from countries such as the United States, the United Kingdom, and Ireland.

Political Causes of the Framing of the Constitution:

End of British Rule: The departure of the British and the end of colonial rule left India in need of a democratic framework that would ensure unity, justice, and equality. The Constitution was seen as the best tool to consolidate independence and lay down the framework for governance.

Need for Democratic Governance: After over two centuries of colonial rule, the people of India were eager to establish a democratic system that would represent all sections of society, including marginalized communities, women, and religious minorities.

The Constituent Assembly:

Representation of Diverse India: The Constituent Assembly represented the diverse political, social, and cultural landscape of India. It included members from different regions, communities, and political ideologies, ensuring a broad-based and inclusive approach to constitution-making.

Leadership and Vision: The leadership of Jawaharlal Nehru, Sardar Patel, and B.R. Ambedkar, among others, was instrumental in steering the Constituent Assembly debates towards creating a Constitution that would be inclusive, just, and forward-looking.

Influences on the Constitution:

Indian Philosophy and Traditions: Indian ideas of justice, governance, and social harmony, drawn from ancient texts such as the Arthashastra, as well as the values of social justice promoted by social reformers like Ambedkar and Gandhi, influenced the drafting process.

British and Global Ideas: British legal and constitutional systems, as well as the ideas of democracy and human rights from the West, also shaped the Indian Constitution. The framers sought to combine India’s traditional values with modern democratic principles.

Key Historians & Contributions:

Granville Austin: His work The Indian Constitution: Cornerstone of a Nation is an authoritative text on the making of the Constitution and the vision of its framers.

B.R. Ambedkar: Known as the principal architect of the Constitution, Ambedkar’s writings and speeches played a crucial role in shaping the Constitution’s provisions, particularly regarding social justice and the rights of marginalized communities.

Subhas Chandra Bose and Others: Although not part of the Constituent Assembly, the ideals of Indian independence leaders like Subhas Chandra Bose and others influenced the creation of the Constitution and its emphasis on unity and equality.

Important Terminology:

Constituent Assembly: The body that was tasked with drafting the Constitution of India, formed in 1946.

Fundamental Rights: Basic rights guaranteed to all citizens, including the right to equality, freedom of speech, and protection against discrimination.

Directive Principles of State Policy: Guidelines for the government to frame policies aimed at achieving social and economic justice.

Secularism: The principle that the state will not favor any religion and will ensure equal treatment for all religious communities.

Debates and Interpretations:

Secularism in India: What does secularism mean in the context of the Indian Constitution, and how does it differ from Western notions of secularism?

Federalism vs. Centralization: The debate between a strong central government and federal principles was an important issue in the Constituent Assembly. The Constitution ultimately established a strong central government but allowed for federal features.

Role of Social Justice: How does the Constitution address social justice, and what were the challenges faced in ensuring equality for marginalized communities, particularly Dalits and women?

Why This Chapter Matters:

Understanding the Foundation of Indian Democracy: The Constitution is the cornerstone of Indian democracy, and understanding its framing is key to understanding India’s governance and political system.

Vision of the Framers: The Constitution reflects the vision of its framers to create a democratic, inclusive, and just society. Understanding this vision is essential for analyzing India’s progress and challenges.

Historical Legacy: The Constitution continues to guide India in its journey as a republic, and understanding its creation provides insights into India’s political evolution.

Ideal For:

  • CBSE Class 12 Board Exams: Source-based questions, essay writing, and analysis of the Constitution’s framing.
  • CUET Humanities Section: Fact-based MCQs on the Constitution and its key provisions.
  • UPSC Prelims & Mains: Indian history and polity, with a focus on the making of the Indian Constitution.
  • History Enthusiasts: Interested in understanding the historical context and significance of the Indian Constitution.

NCERT Solutions For Class 12 History Chapter 15 Framing the Constitution The Beginning of a New Era

1. What were the ideals expressed in the Objectives Resolution?

The Objectives Resolution was presented by Jawaharlal Nehru on 13th December 1946 in the Constituent Assembly. It laid out the fundamental principles for India’s future Constitution. These ideals included:

  • Declaring India as an independent sovereign republic.
  • Promising justice, equality, and fraternity to all citizens.
  • Ensuring safeguards for minorities, and addressing the well-being of backward and depressed classes.
  • Aiming to combine the liberal democratic ideals with socialist principles of economic justice.
  • Establishing a government that would be chosen by the people, with no foreign imposition.
  • Committing to work for peace and the welfare of all humanity.

2. How was the term minority defined by different groups?

The term “minority” was interpreted differently by various groups during the discussions:

  • N.G. Ranga, a socialist leader, argued that the real minorities were the economically disadvantaged, including the poor peasants, tribals, and rural villagers who were exploited by moneylenders and landlords.
  • Jaipal Singh, an Adibasi leader, emphasized that though tribals weren’t numerically a minority, they had been marginalized for centuries and needed protection.
  • Dakshayani Velayudhan from Madras challenged the idea that the Harijans were a minority based on numbers but stressed the need to eliminate their social disabilities.
  • J. Nagappa from Madras pointed out that the Depressed Castes, while not numerically a minority, were systematically oppressed and needed protection.

3. What were the arguments in favour of greater power to the provinces?

K. Santharam, a member from Madras, argued strongly for giving more power to the provinces. He believed that:

  • Empowering the provinces would lead to a stronger India as the Centre would be less burdened.
  • A weak Centre could not effectively govern, and a strong Centre could stifle the autonomy of states.
  • He felt that more powers should be allocated to the states, not the Centre, as this would foster a more decentralized and efficient system of governance.

4. Why did Mahatma Gandhi think Hindustani should be the national language?

Mahatma Gandhi was an advocate for Hindustani, a blend of Hindi and Urdu, as the national language of India. He believed:

  • Hindustani was widely understood by most people across India, making it an ideal means of communication for the diverse population.
  • This language, enriched by various cultural influences, represented unity, transcending religious and regional divides.
  • Gandhi argued that focusing on either Hindi or Urdu would divide the country further and went against the spirit of nationalism. For him, Hindustani symbolized unity, inclusivity, and a common identity for all Indians.

5. What historical forces shaped the vision of the Constitution?

Several historical factors shaped the vision of India’s Constitution:

  • The Nehru Report and Fundamental Rights Resolution established essential values such as universal adult franchise, equality, and protection of minorities.
  • The Congress’s experience with provincial governance after the 1937 elections helped in agreeing upon the design of political institutions.
  • Colonial Laws, especially the Government of India Act, 1935, provided institutional details that were adapted into the Indian Constitution.
  • Global influences, such as the French Revolution, British Parliamentary Democracy, and the U.S. Bill of Rights, inspired the framers in establishing the structure of the Constitution.

6. Discuss the different arguments made in favour of protection of the oppressed groups.

The protection of oppressed groups, such as tribals and untouchables, was considered necessary for several reasons:

  • Tribals were seen as backward, having been marginalized for centuries. Special attention was needed to integrate them into mainstream society and ensure they were protected.
  • Untouchables faced systemic social exclusion and were treated as outcasts. The legislation aimed at their upliftment was crucial to give them equal rights, access to education, and a dignified place in society.
  • Both tribals and untouchables were deprived of land, education, and participation in governance. Ensuring their protection was essential to bring them up to the level of the general population.

7. What connection did some of the members of the Constituent Assembly make between the political situation of the time and the need for a strong Centre?

In the aftermath of Partition and the communal violence that followed, leaders like Jawaharlal Nehru and B.R. Ambedkar advocated for a strong Centre. They argued that:

  • The country needed a powerful central government to maintain law and order, especially after the trauma of Partition.
  • A strong Centre was essential to prevent chaos, manage communal tensions, and guide the country’s economic and political development.
  • Gopalaswami Ayyangar and others emphasized that a unified Centre would be able to coordinate resources, defend the country against external threats, and ensure stable governance.

8. How did the Constituent Assembly seek to resolve the language controversy?

The Constituent Assembly addressed the language issue with careful consideration:

  • Hindustani, supported by Mahatma Gandhi, was seen as a unifying language spoken across various regions, representing the country’s diversity.
  • However, Hindi, in the Devanagari script, was ultimately chosen as the official language of the country.
  • A Language Committee recommended a gradual transition from English to Hindi, with English continuing as a second official language for 15 years.
  • Concerns from Southern India, where Hindi was less spoken, were acknowledged, and safeguards were put in place to prevent the imposition of Hindi on non-Hindi speaking regions.