Vol. 13 · pages 1201–1205
The Principal Architect of the Constitution of India
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PDF page 1201
us march on, work from peace to peace until peace and prosperity reign
supreme in the world. May God bless us.
*The Honourable Shri B. G. Kher (Bombay : General) : Mr. President,
Sir, I cannot let this occasion pass without expressing my gratification
at the completion of a task which, it is very difficult to realise, we began
quite three years ago. I remember our first meeting was held on 9th
December 1946 and, in these three years were crowded events which
would normally have taken possibly three decades for us to accomplish.
Our Constitution also has undergone modifications as events outside took
place. My first impulse therefore is to congratulate this House on having
completed a very difficult, gigantic and monumental task and given a
Constitution to free India. Every one will agree that it was a difficult
task. Even as the manner in which India attained her independence was
unique, so was the Constitution of this very Constituent Assembly. I do
not think anywhere else a Constituent Assembly has gone on working
as the Constitution making body and as the Parliament of the country
for such a long period as nearly three years. After three years labour we
have built up a Constitution of which we have every reason to be proud....
†Shri Brabhut Dayal Himat Singka(West Began : General) : ...Sir,
a lot will depend on how the Constitution is worked and the person who
works it. If you put X in charge of a thing he may do it very successfully
but if you place another person, in spite of the fact that he has the same
resources available to him, he may make a muddle of the whole thing. A
lot will depend on how it works, who works it and the manner in which
it is worked. People will always be able to find fault but on the whole
it has been a very satisfactory Constitution and if properly worked and
supported properly by those who can do it, I think the whole thing should
proceed in a satisfactory manner....
*****
‡Shri H. V. Pataskar : ...In spite of the shortcomings we have made
a very good provision in the Constitution, namely, the article by which it
can be amended when occasion arises. A constitution is a living growth
and I hope in course of time this provision will be made use of by those
who come after us and according to changed circumstances change the
constitution in any manner they like.
@Shri B. A. Mandloi (C. P. & Berar : General) : ...In conclusion, I
would be failing in my duty, Sir, if I do not say a word about the Drafting
*CAD, Official Report, Vol. XI, 18th November 1949, p. 665.
† Ibid., p. 670.
‡ Ibid., p. 674.
@Ibid., p. 676.
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Committee. It is well known that the Committee had an arduous
and very important task. The Members of the Committee under the
chairmanship of Dr. Ambedkar did their job willingly and splendidly
and presented us with a Draft Constitution. I know that during many
controversial debates in this House the Chairman of the Drafting
Committee put forward his point of view variably and succeeded
in bringing the controversy to a satisfactory conclusion. This House
appreciates the services of the Drafting Committee and I congratulate
Dr. Ambedkar, Chairman of the Committee for successfully piloting
the Constitution of free and independent India. The Constitution
has been prepared within a record period of three years,—in fact
we should eliminate from these three years the period during which
we had troubles of unprevented matters and unsettled conditions.
This is a great achievement. Sir, it is not enough to have a good
Constitution on paper but it is the willingness of the people, the
sincerity of the people and the earnest desire of the people to work
it that is important. If the Constitution is worked in that spirit I
feel sure that our country will have a bright future. We visualise
a bright future for our country and we wish her to be one of the
foremost countries in the world. If we work the Constitution in the
spirit in which we have made it, I feel sure there is a bright future
for the country. With these words I support the motion.
*****
*Pandit Thakur Das Bhargava (East Punjab : General) : ...I would
like, Sir, on this occasion to thank the other friends also who have
helped us in drafting this Constitution. I would like particularly to
mention Dr. H. C. Mukerjee who had presided over the proceedings
of this House with great ability and tact at the time when you were
lying sick and I offer my thanks to him. I do not know, Sir, the terms
in which I should thank the Drafting Committee, particularly words
fail to convey the gratitude that all of us feel for the legal acumen, the
untiring industry, the consummate skill and the firmness, tempered
with moderation, with which the Chairman of the Drafting Committee
has piloted this Constitution through this House and has solved all
the knotty questions arising in connection with it. In view of the great
public spirit manifested by him I would appeal to Dr. Ambedkar—I
regret he is not in the House today—who has so far considered himself
the leader of the Scheduled Castes alone, to join the Congress. He
has made for himself a high position in our hearts and I do hope
that he shall thereby be able to enter the circle of Congress High
*CAD, Official Report, Vol. X, 18th November 1949, pp. 682.
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Command—a position which is much more significant and important
than the narrow one he is occupying today....
*...Sir, therefore, I am now going to conclude my observations with
the remark that Constitutions are only a piece of paper and they by
themselves cannot enable us to achieve our ideals. It is the spirit
with which the Constitutions are framed and with which they are
worked that enables a nation to achieve the objective underlying its
Constitution. Therefore, on this occasion, Sir, when we are going to
pass our Constitution, I would like to impress upon the minds of the
Members who will be appending their signatures to this document
on the 26th of January, 1950, that their task is not over by simply
preparing the Constitutions but their real task is ahead. It is for
them to work the Constitution in such a manner as may enable the
people to have real freedom, happiness and prosperity.
Now with your permission, Sir, I would like to refer to only one
more matter. It is very dear to me. We have given much to Scheduled
Castes. We have provided reservation for them. We have embodied
in the Constitution article 335 wherein assurance has been given to
them in regard to services; we have provided facility for reservation
for them in services under article 16. But I hope we will have not
to see the day when the Government reserves posts for them. If we
really want to establish here the classless society of Mahatma Gandhi,
every one of us who signs the document of the Constitution must do
so with the determination rather the pledge, that he must bring the
depressed classes at par with him within ten years. He will be false
to himself who signs the Constitution but does not work according
to its principles....
*****
†Mr. President : We shall now continue the discussion. Mr. Kamath.
Shri H.V. Kamath (C. P. & Berar : General) : Mr. President, I rise
to extend my limited and qualified support to the motion moved by
Dr. Ambedkar. We, Sir, the people of India have come to the end of
a long journey which is, however, the beginning of a longer, a more
arduous and a more hazardous one.
*****
‡Seth Damodar Swarup (United Provinces : General) : @[Mr.
President, the Second Reading of the Draft Constitution has ended and the
*CAD, Official Report, Vol. X, 18th November 1949, p. 688.
† Ibid., 19th November 1949, p . 689.
‡ Ibid., p. 693.
@Translation of Hindustani speech.
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Third Reading is going on which will also conclude in three or four
days. After that the inauguration of this Constitution will be held over
till the historic day of the 26th January. All this is good and for that
the Honourable Dr. Ambedkar and his other colleagues of the Drafting
Committee deserve the congratulations of the whole House, because
they have drafted this Constitution with great skill and labour....
*Shri T. Prakasam (Madras : General): ...The Constitution is a great
document and the friends who have been in charge of this framing of
this—Dr. Ambedkar—is a great lawyer, is a very able man. He has
shown by the work he has done here, how he would be competent
to be a king’s Counsel of Great Britain, to be perhaps competent to
sit on the Woolsack only; but this is not a Constitution that we, the
people of this country wanted. Mahatma Gandhi when he took up
the organization of this country in the name or the Congress at once
saw how this country could be helped and how the millions could be
helped. Therefore he decided that the whole country should be divided
on linguistic basis so that the people of each area would be competent
to develop themeslves....
*****
†Prof. Shibban Lal Saksena : ...My criticism of the Constitution
does not mean that I am blind to the achievements which we have made
during these three years. I consider, this framing of the Constitution
has by itself been the greatest single achievement of ours during the
last three years. The barriers to the dawn of freedom which the British
Government had erected by the artificial creation of the problem
of minorities, the problem of Princes in the Indian States and the
Heaven-born Civil Service, have all been wiped of as if by magic in
the short space of the last 2 years. The delay in the framing of the
Constitution has enabled us to incorporate in this Constitution similar
provisions for the administration of the 566 Indian States which have
now been transformed and integrated into nine provinces and put on
a par with the other units of the Union. This single achievement will
be regarded as the greatest task ever accomplished in any country....
*****
‡The Honourable Rev. J. J. M. Nichols Roy (Assam : General) :
Mr. President, Sir, I am very glad to come here to give my hearty support
to the motion moved by Dr. Ambedkar that the Constitution as settled by
*CAD, Official Report, Vol. X, 19th November 1949, p. 697.
†Ibid., p. 707.
‡Ibid., p. 708.
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the Assembly be passed. I consider that this Constitution is the best
that could be produced in the present circumstances in India and
in the world. Though there are defects no doubt, though we would
have liked to have had some provisions in another form, yet, Sir, I
believe that this is the best that could be done under the present
circumstances. I am glad, Sir, that I have had a part in the framing
of this Constitution, though it may be in a very small way. The whole
country has had a part in the framing of this Constitution either by
way of criticism or by way of suggestions. The Draft Constitution was
placed before the country over two years ago, and everyone of us had
a chance either to criticise or to send suggestions, and everyone of
us here in this Constituent Assembly has had a part in the framing
of this Constitution. Therefore we can say that this is a Constitution
for the whole country and by the whole country....
...Now, Sir, I want to speak about another thing and that is
regarding the Sixth Schedule. I myself am personally indebted to
Mr. S. N. Mukerji, the Draftsman, Sir. B. N. Rao and Dr. Ambedkar
for giving special attention to the drafting of this Sixth Schedule. I
am also indebted to the members of the Drafting Committee who
gave us a chance to speak before them....
*Dr. Raghu Vira (C. P. & Berar : General): ...@[It is only foreign
ideals that have been incorporated in this Constitution. It has
nothing Indian about it. I however, hope that some years hence this
Constitution would not remain in the form in which it has been
passed, and that it will come to acquire a genuine Indian character,
and would fulfil the basic and fundamental requirements of the
people of this country.]
†The Honourable Shri K. Santhanam (Madras: General): ...
looking back, I feel that these three years have not been too long.
In fact, it has enabled us to draft a better constitution than it would
have been possible if we were able to finish it a year ago. Many
criticisms have been made about this Constitution. My honourable
Friend Mr. Naziruddin Ahmad has complained about drafting. But
reading it as a whole, if we apply the criteria of clarity and precision,
I think we have made a very good constitution indeed.
*****
‡Sardar Bhoopender Singh Man (East Punjab : Sikh): ...However,
I feel that it is not the lifeless structure of a Constitution or the written
*CAD, Official Report, Vol. X, 19th November 1949, p. 715.
†Ibid., p. 718.
‡Ibid., 21st November 1949, p. 723.
@Translation of Hindustani speech.
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