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"A tryst with a destiny far from us and the time arrived in front of us to
redeem the pledge substantially, all the world sleeps while India got its
freedom and life"[1]
The opening words of the book itself make it clear that we the people of
India were on our destiny to lay a path for our future.
In this book, the author makes up the reader's mind with a need of framing
the constitution. All the Indians on behalf of them selected the
representatives and by them, they are on for a new constitution. This book
is the first classic in Indian history that shows all the background work of
constituent assembly members and their contributions in brief and up to
the point where they are needed. The author portrays the personality and
philosophy of key participants and reconstructs the political function of
the constituent assembly. This book is indexed as one of the political
historical ideas and a political base and motivations and with the
manuscript's sources of the constituent assembly.
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The author points out that it is "a political history of the framing of the
constitution, of how past and present aims of the members who
contributed for framing the impossible to possible."[2] He mentions it as
a social document. This book is literature on constitutional jurisprudence
in Indian constitutional law. The major part of the book revolves around
the core concepts of social revolution and parliamentary democracy.
The author's purpose in writing the book is to give the Indians a well-
designed book to make the Indians more flexible in understanding the
Indian constitution and its framing. There are two reasons for Austin to
articulate the book, one is the constitution is the convenient way to
understand India better. The other one is a bit easy for him to manage
academically because he has some contacts in India that make it easy but
it's been quite hard in earlier days to get engaged with the things for him,
despite all these hurdles he made an excellent outlet for the Indian base.
The related works in this field will give some more knowledge concerning
constitutional framing, here we have one of the literary works "India's
Constitution in the making"- B.N. Rau editor: B. Shiva Rao, published by
Orient Longmans, Bombay. 1st ed. May 1960.[3] He is the constitutional
adviser in the constituent assembly. This volume is a comprehensive one
firstly it deals with Indian constitutional problems and the other problems
concerned the author and different chapters follow in their sequences, the
board pattern set by the constituent assembly.
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How the constituent assembly adopted, resolved, commencement and the
major objectives, rules of procedure debates, and the purpose of the
assembly were mentioned by the author, and on the other side his visit to
other nations like the U.S.A, Canada, Ireland, and the U.K. to have a look
on some constitutional provisions. The report embodies the details
mentioned in one of the chapters. He had mentioned every aspect of the
constitutional assembly and their agendas to the best of his knowledge.
Granville Austin for some material referred to his book about the
constituent assembly debates and the persons who participated in them.
With his life story and through his scholarly writings he took the initiative
to provide an overview concerning constitution framing and the events
which had taken place during the sessions. He had gathered all the
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relevant documents which are needed for his doctrinal work to outlet his
contribution towards the nation.
The major contribution of the book is to understand the depth and width
of the Indian Constitution and its organized framing by the makers of the
constitution. The author describes the major goals of constituent assembly
members while framing the constitution are maintaining unity, uplifting
social revolution, and a demanded parliamentary democracy. The
members of the drafting committee and advisory committee and all the
assembly members felt that the spiritual and institutional basis for a new
society will be possible only by the adoption of universal adult suffrage,
a right providing for equality and personal liberty under the law and
independence of the judiciary.
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Indian constitution merely is a concept of Indian sovereign people who
framed the base document to regulate their lives through peaceful means
and rule of law. In the introductory phase, the author is more deliberate to
speak about the aims and goals of the constitution makers and the
nevertheless struggle and efforts to make it successful the view of the
author this book will provide the general reader with some insight into the
political bases and motivations of Indian life and at the same time provide
the close student of Indian affairs with the first account, based on
manuscript sources of the working of the constituent assembly.
The first portion deals with the adoption and the background of
enforcement of the constituent assembly the base and the reasons for
forming the assembly and there is a discussion about the Indian National
Congress also. Firstly, the Indian constitution was not made by a group of
lawyers, small committees, and under the shadow of any external
authority, it only happens with the sanctions coming from the masses that
are the representatives who are elected by the sovereign people and are
the makers of the constitution. [4]
The second portion, now the constituent assembly was formed, now, the
major question is "Which resolution is best to take part in forming the
revolution that has to be adopted to set the fire on?". There are three
revolutions one the political revolution which ends with independence[6]
and the second, the social and economic revolutions. So, the drafters
adopted the concept of the socio-economic one, but nowadays under a
vast federal structure it has shaped into a political and economic
revolution. Doing service to the needy is the major criterion for the makers
and that will not be fulfilled until the tears and suffering end.[7]
But the assembly neither accepted nor rejected the concept but politely
kept it aside because the Indians majorly demanded parliamentary
democracy and representative government from the base of the
Government of India Act,1935.
Adult suffrage was introduced to lift the democratic view. All the
assembly members believed that "India could become modern, but remain
Indian". That's true because though we are highly modernized and
civilized still, we all remain as one nation that is "India" and no matter
what we are all Indians.
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commonwealth of India Bill, 1925 came up with seven fundamental
rights.
Nehru's report,1928 all the provisions he made were added to the directive
principles of how an individual or state should behave. Lastly "The Sapru
committee" ended all these in 1945. Both the rights and principles are the
sources for legislation reform. The expression of positive and negative
rights has provided a thrust toward changing and rebuilding society.
THE EXECUTIVE:
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The legislative: to promote unity in popular government is their agenda to
provide minimum reservations to the minorities to create a basis for the
social and political unity of the country. They chose this concept to unite
entire India under one roof of the electorate having universal adult
suffrage through this all the voters will be directly representing the
assemblies. In the pre-independence era, there was huge discrimination
among the electorates to eradicate this the assembly tried their level best
along with the high efforts of Dr. B.R. Ambedkar who is a minority
subcommittee person and finally, they succeeded in doing so.
THE JUDICIARY:
LANGUAGE:
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Finally, B.R. Ambedkar: in his words from now onwards, we have no one
to blame except ourselves, because for the first time in 150 years, we are
responsible for our future, it was an attempt to achieve administrative and
political unity and an economic and social revolution. The very teething
troubles that the democratic government has had in India emphasize the
soundness of the constitution. The constitution has established the
accepted norms of 'national' behavior. So, in one sense, the absence of
comment about the constitutional situation in India is a mark of the
Constitution's effective working.
Indian jurists appreciated his work in several aspects and major landmark
judgments they followed the footsteps of the "Austin cornerstone" to deal
with the cases and to sense the essence of framing the lengthiest
constitution and elevate the key concepts in it, this book is jurisprudence
and even they have interpreted some issues with the help of this book like
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Maneka Gandhi case, Keshavananda Bharathi case, Minerva Mills case,
etc.,
Thus, the concept of review has covered mostly, all the portions were
mentioned precisely and the author has done his best to frame all the
manuscripts, documents, and interviews in an organized format in form
of literature. Finally, the socio-economic revolution and parliamentary
democracy succeeded through the constitution. Nehru's aim of framing a
strong document was figured at last. The socio-political document which
was named as constitution this book was the major literature in
constitutional jurisprudence.
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END-NOTES:
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