Vol. 13 · pages 1246–1250
The Principal Architect of the Constitution of India
This text was extracted automatically from the official PDF of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.
PDF page 1246
The second charge is that the Centre has been given the power
to override the States. This charge must be admitted. But before
condemning the Constitution for containing such overriding powers,
certain considerations must be borne in mind. The first is that these
overriding powers do not form the normal feature of the Constitution.
Their use and operation are expressly confined to emergencies only.
The second consideration is : Could we avoid giving overriding powers
to the Centre when an emergency has arisen ? Those who do not admit
the justification for such overriding powers to the Centre even in an
emergency, do not seem to have a clear idea of the problem which lies
at the root of the matter. The problem is so clearly set out by a writer
in that wellknown magazine “The Round Table” in its issue of December
1935 that I offer no apology for quoting the following extract from it.
Says the writer :
“Political systems are a complex of rights and duties resting ultimately on
the question, to whom, or to what authority, does the citizen owe allegiance.
In normal affairs the question is not present, for the law works smoothly,
and a man goes about his business obeying one authority in this set of
matters and another authority in that. But in a moment of crisis, a conflict
of claims may arise, and it is then apparent that ultimate allegiance cannot
be divided. The issue of allegiance cannot be determined in the last resort
by a juristic interpretation of statutes. The law must conform to the facts
or so much the worse for the law. When all formalism is stripped away,
the bare question is, what authority commands the residual loyalty of the
citizen, Is it the Centre or the Constituent State ?”
The solution of this problem depends upon one’s answer to this question
which is the crux of the problem. There can be no doubt that in the
opinion of the vast majority of the people, the residual loyalty of the
citizen in an emergency must be to the Centre and not to the Constituent
States. For it is only the Centre which can work for a common end
and for the general interests of the country as a whole. Herein lies the
justification for giving to the Centre certain overriding powers to be used
in an emergency. And after all what is the obligation imposed upon the
constituent States by these emergency powers ? No more than this—that
in an emergency, they should take into consideration alongside their own
local interests, the opinions and interests of the nation as a whole. Only
those who have not understood the problem, can complain against it.
Here I could have ended. But my mind is so full of the future of our
country that I feel I ought to take this occasion to give expression to
some of my reflections thereon. On 26th January 1950, India will be an
independent country (Cheers). What would happen to her independence ?
Will she maintain her independence or will she lose it again ? This is
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the first thought that comes to my mind. It is not that India was
never an independent country. The point is that she once lost the
independence she had. Will she lose it a second time ? It is this
thought which makes me most anxious for the future. What perturbs
me greatly is the fact that not only India has once before lost her
independence, but she lost it by the infidelity and treachery of some
of her own people. In the invasion of Sind by Mahommed-Bin-Kasim,
the military commanders of King Dahar accepted bribes from the
agents of Mahommed-Bin-Kasim and refused to fight on the side of
their King. It was Jaichand who invited Mahommed Ghori to invade
India and fight against Prithvi Raj and promised him the help of
himself and the Solanki kings. When Shivaji was fighting for the
liberation of Hindus, the other Maratha noblemen and the Rajput
Kings were fighting the battle on the side of Moghul Emperors. When
the British were trying to destroy the Sikh Rulers, Gulab Singh, their
principal commander sat silent and did not help to save the Sikh
kingdom. In 1857, when a large part of India had declared a war of
independence against the British, the Sikhs stood and watched the
event as silent spectators.
Will history repeat itself ? It is this thought which fills me with
anxiety. This anxiety is deepened by the realization of the fact that
in addition to our old enemies in the form of castes and creeds we
are going to have many political parties with diverse and opposing
political creeds. Will Indians place the country above their creed
or will they place creed above country ? I do not know. But this
much is certain that if the parties place creed above country, our
independence will be put in jeopardy a second time and probably be
lost for ever. This eventuality we must all resolutely guard against.
We must be determined to defend our independence with the last
drop of our blood. (Cheers.)
On the 26th of January 1950, India would be a democratic country
in the sense that India from that day would have a government of
the people, by the people and for the people. The same thought comes
to my mind. What would happen to her democratic Constitution ?
Will she be able to maintain it or will she lose it again. This is the
second thought that comes to my mind and makes me as anxious
as the first.
It is not that India did not know what is Democracy. There
was a time when India was studded with republics, and even
where there were monarchies, they were either elected or
limited. They were never absolute. It is not that India did
not know Parliaments or Parliamentary Procedure. A study of
the Buddhist Bhikshu Sanghas discloses that not only there
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were Parliaments—for the Sanghas were nothing but Parliaments—
but the Sanghas knew and observed all the rules of Parliamentary
Procedure known to modern times. They had rules regarding seating
arrangements, rules regarding Motions, Resolutions, Quorum, Whip,
Counting of Votes, Voting by Ballot, Censure Motion, Regularization,
Res Judicata, etc. Although these rules of Parliamentary Procedure
were applied by the Buddha to the meetings of the Sanghas, he
must have borrowed them from the rules of the Political Assemblies
functioning in the country in his time.
This democratic system India lost. Will she lose it a second time ?
I do not know, but it is quite possible in a country like India—where
democracy from its long disuse must be regarded as something quite
new—there is danger of democracy giving place to dictatorship. It
is quite possible for this new born democracy to retain its form but
give place to dictatorship in fact. If there is a landslide, the danger
of the second possibility becoming actuality is much greater.
If we wish to maintain democracy not merely in form, but also in
fact, what must we do ? The first thing in my judgment we must do
is to hold fast to constitutional methods of achieving our social and
economic objectives. It means we must abandon the bloody methods
of revolution. It means that we must abandon the method of civil
disobedience, non-cooperation and satyagraha. When there was no
way left for constitutional methods for achieving economic and social
objectives, there was a great deal of justification for unconstitutional
methods. But where constitutional methods are open, there can be
no justification for these unconstitutional methods. These methods
are nothing but the Grammar of Anarchy and the sooner they are
abandoned, the better for us.
The second thing we must do is to observe the caution which John
Stuart Mill has given to all who are interested in the maintenance
of democracy, namely, not “to lay their liberties at the feet of even
a great man, or to trust him with powers which enable him to
subvert their institutions.” There is nothing wrong in being grateful
to great men who have rendered life-long services to the country.
But there are limits to gratefulness. As has been well said by the
Irish Patriot Daniel O’Connel, ‘no man can be grateful at the cost
of his honour, no woman can be grateful at the cost of her chastity
and no nation can be grateful at the cost of its liberty.’ This
caution is far more necessary in the case of India than in the case
of any other country, for in India, Bhakti or what may be called
the path of devotion or hero-worship, plays a part in its politics
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unequalled in magnitude by the part it plays in the politics of any
other country in the world. Bhakti in religion may be a road to the
salvation of the soul. But in politics, Bhakti or hero-worship is a sure
road to degradation and to eventual dictatorship.
The third thing we must do is not to be content with mere political
democracy. We must make our political democracy a social democracy
as well. Political democracy cannot last unless there lies at the base
of it social democracy. What does social democracy mean ? It means
a way of life which recognizes liberty, equality and fraternity as the
principles of life. These principles of liberty, equality and fraternity
are not to be treated as separate items in a trinity. They form a
union of trinity in the sense that to divorce one from the other is to
defeat the very purpose of democracy. Liberty cannot be divorced from
equality, equality cannot be divorced from liberty. Nor can liberty and
equality be divorced from fraternity. Without equality, liberty would
produce the supremacy of the few over the many. Equality without
liberty would kill individual initiative. Without fraternity, liberty and
equality could not become a natural course of things. It would require
a constable to enforce them. We must begin by acknowledging the fact
that there is complete absence of two things in Indian Society. One
of these is equality. On the social plane, we have in India a society
based on the principle of graded inequality which means elevation
for some and degradation for others. On the economic plane, we
have a society in which there are some who have immense wealth
as against many who live in abject poverty. On the 26th of January
1950, we are going to enter into a life of contradictions. In politics
we will have equality and in social and economic life we will have
inequality. In Politics we will be recognizing the principle of one man
one vote and one vote one value. In our social and economic life, we
shall, by reason of our social and economic structure, continue to deny
the principle of one man one value. How long shall we continue to
live this life of contradictions ? How long shall we continue to deny
equality in our social and economic life ? If we continue to deny it for
long, we will do so only by putting our political democracy in peril.
We must remove this contradiction at the earliest possible moment
or else those who suffer from inequality will blow up the structure of
political democracy which this Assembly has so laboriously built up.
The second thing we are wanting in is recognition of the principle
of fraternity. What does fraternity mean ? Fraternity means a sense of
common brotherhood of all Indians—if Indians being one people. It is the
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principle which gives unity and solidarity to social life. It is a difficult
thing to achieve. How difficult it is, can be realized from the story
related by James Bryce in his volume on American Commnowealth
about the United States of America.
The story is—I propose to recount it in the words of Bryce himself—
that—
“Some years ago the American Protestant Episcopal Church was occupied
at its triennial convention in revising its liturgy. It was thought desirable
to introduce among the short sentence prayers a prayer for the whole
people, and an eminent New England divine proposed the words ‘O Lord,
bless our nation’. Accepted one afternoon on the spur of the moment, the
sentence was brought up next day for reconsideration, when so many
objections were raised by the laity to the word ‘nation’ as importing too
definite a recognition of national unity, that it was dropped, and instead
there were adopted the words ‘O Lord, bless these United States’.”
There was so little solidarity in the U.S.A. at the time when this
incident occurred that the people of America did not think that they
were a nation. If the people of the United States could not feel that they
were a nation, how difficult it is for Indians to think that they are a
nation. I remember the days when politically-minded Indians resented
the expression “the people of India”. They preferred the expression “the
Indian nation.” I am of opinion that in believing that we are a nation,
we are cherishing a great delusion. How can people divided into several
thousands of castes be a nation ? The sooner we realize that we are not
as yet a nation in the social and psychological sense of the word, the
better for us. For then only we shall realize the necessity of becoming a
nation and seriously think of ways and means of realizing the goal. The
realization of this goal is going to be very difficult—far more difficult
than it has been in the United States. The United States has no caste
problem. In India there are castes. The castes are anti-national. In
the first place because they bring about separation in social life. They
are anti-national also because they generate jealousy and antipathy
between caste and caste. But we must overcome all these difficulties
if we wish to become a nation in reality. For fraternity can be a fact
only when there is a nation. Without fraternity, equality and liberty
will be no deeper than coats of paint.
These are my reflections about me tasks that lie ahead of us. They
may not be very pleasant to some. But there can be no gainsaying
that political power in this country has too long been the monopoly of
a few and the many are not only beasts of burden, but also beasts of
prey. This monopoly has not merely deprived them of their chance of
betterment, it has sapped them of what may be called the significance
of life. These down-trodden classes are tired of being governed, they are
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