Day 6 – Q 3.The constitution of India is s perfect example of a creative blending of nationalist voice and the colonial system of governance which drew on a series of legal stipulations. Elucidate.

3. The constitution of India is s perfect example of a creative blending of nationalist voice and the colonial system of governance which drew on a series of legal stipulations. Elucidate.  

भारत का संविधान राष्ट्रवादी आवाज़ और शासन की औपनिवेशिक प्रणाली के रचनात्मक सम्मिश्रण का एक आदर्श उदाहरण है, जो कानूनी क़ानूनों की एक श्रृंखला पर आधारित है। स्पष्ट करें।

Introduction

The constitution of India, while being formed, was inspired and incorporated from both, the pre-existing colonial set-up and the national movement. The best provisions suitable for the diverse Indian population were amalgamated into what is now the longest written constitution.

Body

Inputs reflecting the Nationalist voice:

• Directive Principles of State Policy (DPSPs): Inspired by Gandhian philosophy; Co-operative societies, women participation and empowerment, socio-economic equality etc,.
• Fundamental Rights: Inspired by the Karachi Resolution-Article 12 to Article 35 of Part-3 of the Constitution.
• Preamble: Secularism, Socialism, Unity and Fraternity of Indians.
• Universal Adult Suffrage: Article 324 incorporated as against the limited franchise during the Colonial rule.
• Decentralization: Keeping Mahatma Gandhi’s principle of ‘Swarajya’ in mind to strengthen grass root administration.
• Economic framework: Socialistic basis propagated by the Congress leaders.

Blend of Colonial inputs:

• Parliamentary provisions: Ordinance making power, Parliamentary practices, Annual financial statement, separation of powers between executive and legislature but interdependence between the same.
• Rule of law: Checks the arbitrariness of executive and legislature.
• Government of India Act 1935 provisions.
• Emergency provisions: Article 352, Article 356 and Article 360.
• Nature of democracy: Parliamentary form and bicameralism.
• Indian Civil Services which Sardar Vallabhai Patel envisioned to be a strong steel frame for Indian Bureaucracy.

Conclusion

Thus a pragmatic and an inclusive constitution formed on an initial framework of governance by the British, was formed, incorporating important spheres of democratic values, rights, equality and empowerment.