People might say no no this is not true, the British India Act was there, but we have a new constitution that the code started in… promulgated and we became a republic in 1950, after the Constitution was accepted and so on so forth. So now we have to look at the history of this constitution coming from.
So if we look at it who is actually the framer of the Constitution, Who? if you ask any child in India say who was who created the constitution? what is the answer — Ambedkar. Ambedkar was the chairman of the drafting committee. But most of the work was actually done by this one person, and this person’s name.., also again we don’t even know recently, but his name is Sir Sir Benegal Narsing Rao. Now, he is actually the drafter of the Indian constitution.
What does that mean? That means that he is actually the one, that he had been in the ICS. He had been an employee of the British government for a long time and he was the one who actually prepared the entire draft document which was the Constitution. All the drafting committee did was some comments made, some changes suggestions. Then there was a constitutional assembly. But, he, I would say, is really the writer of the Indian Constitution.He was later on honored also.
So who is he? he is an ICS, is the use or word or the companion of the order of the Indian empire. He was knighted in 1938. Why is somebody knighted? Because of loyalty to the British crown and then, of course, he became the constitutional adviser in 1946 and then in 1948 he prepared the initial draft. In fact he is the one who traveled to different countries including US and other countries to look at their constitutions and so on so forth. So I would say that for all practical purposes he is the drafter of the Indian Constitution and then of course other people gave their inputs and so on so forth.
What does he use? Again, the template. He is a long loyal servant of the British Empire and the template mainly comes from the British india Act, which is what he used as the code template, which is by the way the British India Act, is the biggest act that the British Parliament has ever passed. Till that it is a 4,000 pages act, which pretty much like the ones every single thing about India 1935. The British in the act of 1935… is the longest act part passed by the British Parliament. Because there… if some master is going to figure out how to manage the the servants, then a lot of regulation is not.., if you compare with the US Constitution, US Constitution is a very small, very small tiny booklet.
Because the the power of more or less is vested in the people. Right you don’t need a big framework of somebody telling you what to do, if if the people are considered moral and intelligent enough to figure it out for themselves. Right? All you need is some guidelines. But when you are in a civilizing mission then you need to specify everything as much as possible. So this Benegal Narsing Rao actually framed it, and then there is another code that you might be familiar for with, who is saying, I am quite prepared to say, I should be the first person to burn it out and do not want it, it does not suit anybody.
This is a quote about the Constitution by another well-known figure. So of course I think to be fair, we have to look at that in a little bit of a nuance, he’s talking about a particular, in a particular context, is speaking about that and later. Also, but in any case, it is a… there’s a few things to, also a member of the Constitution, is firstly the framer or the drafter of it is Sir Benegal Rau. Secondly the constitute assembly itself is not a body which is elected an independent India. Constitution assembly itself comes from an election. That is happening pre British India in terms of who were they represented, and then after partition they kind of sorted them out, and say, he represented India, Ok.
So the calls constituted an assembly itself is a colonial institution coming from pre-partition India. The drafter is clearly taking on the colonial act, but then we start with and of course the Constitution is never ratified by the people of free India. Right. There is no referendum on the Constitution that says, do you ratify? Do you the people of India agree that this constitution shall happen? Again as I said it’s not by elected people of the free India either, but we start with ‘we, the people of India’. Now how did we the people of India come in this matter? It has nothing to do with the people of India. We should, in fact, say we either colonized elite who have been here by subservient to the British Empire, now deem to put this structure on the Indian people. I mean that would be a fair and honest preamble to the Constitution. But that’s not now how it is.
it’s actually a good question. There are long different histories are there, in terms of ratification of the Constitution. For instance, I think, in Brazil there was an entire referendum for that. In the United States it was ratified. See, one of the other things is very strange thing happens in India, the Constituent Assembly actually makes the constitution and it also ratified the Constitution. Right. It is like saying ‘homework diya hai kisi ko, jisne home work kiya hai usne grade bhi kardiya khud ko”..
So in the US what happens is that the the the framers of the Constitution framed it, but then it had to be ratified by each of the states. Right. So each of the states so they’re the the framers and the people who are ratifying it was different that means there is some check on the people who are framing it because somebody else is going to ratify it. You have to make sure it’s going to be acceptable to those who are going to ratify it. Right. So this process never happens in India because those two entities are the same, the people who are doing.