Chapter 12 Framing the Constitution| Class 12 History Notes

Class 12 History Notes Chapter 12 Framing the Constitution: CBSE Class 12 History Notes are important for students studying Social Science, as History is a crucial sub-subject that requires properly written answers. Scoring well in History is just as important as other subjects.

Our notes cover all the concepts related to the Critical Edition of the Mahabharata, the French Revolution, Globalisation, and Imperialism, which have had a significant impact on our society. These notes are designed to make difficult topics easy to understand for students. By using these notes, students can improve their chances of getting higher marks in their History exams.

Framing the Constitution

The Constitution of India was made by the Constituent Assembly and was signed on January 26, 1950. It took a long time to draft, from December 1946 to December 1949. The assembly met for 11 sessions over 165 days.

India got independence on August 15, 1947, yet it was also split. There were big protests by workers and labourers all over the country. One remarkable thing was how Hindus and Muslims came together in these protests.

The two big political parties, Congress and the Muslim League, couldn’t agree on how to make the country peaceful after independence.

In August 1946, there were serious riots in Calcutta, starting a year of constant violence in northern and eastern India.

When India was split, the violence got worse, especially before people moved to new places.

Many people were scared of dying suddenly or losing their homes. Millions of people became refugees, going to East and West Pakistan or West Bengal and Punjab.

Another big problem was what to do with the princely states. These were big areas ruled by kings who were under British rule but were still powerful. Some of these kings wanted to stay independent even after India split.

The making of the Constituent Assembly

The Constituent Assembly had 300 members chosen from the provincial elections of 1946, including representatives from both British India and the princely states.

Initially, the Muslim League didn’t participate, so most of the assembly members (82%) were from the Congress party. However, the Congress itself had a wide range of opinions among its members.

Some were atheists or secularists, while others leaned towards groups like the RSS and the Hindu Mahasabha. There were also socialists and defenders of landlord rights.

The Congress nominated independent members from various castes, religions, and tried to ensure women’s representation.

The discussions in the Assembly were influenced by public opinions expressed in newspapers and debates. Feedback from the public was sought to create a sense of collective participation.

Various groups like the All India Varnashrama Swarajya Sangh, low-caste groups, linguistic minorities, and religious minorities submitted requests and demands.

These included requests for basing the Constitution on ancient Hindu principles, banning abattoirs, ending ill-treatment of lower castes, linguistic reorganization of provinces, and ensuring appropriate representation for different groups in public bodies.

The Dominant Voices

The Constituent Assembly had a total of 300 members, among whom six played important roles. The Congress party included Jawaharlal Nehru, Vallabh Bhai Patel, and Rajendra Prasad.

Nehru proposed the design of the Indian flag and introduced the critical “Objectives Resolution.”

Vallabh Bhai Patel worked diligently behind the scenes, assisting in preparing numerous reports and reconciling opposing views.

As the Assembly’s President, Rajendra Prasad guided debates while ensuring all members had a chance to voice their opinions.

B.R. Ambedkar, a lawyer and economist, played a key role. Despite being a political opponent of the Congress during British rule, he was recommended by Mahatma Gandhi to join the Union Cabinet as the law minister after Independence. Ambedkar chaired the Committee on Constitutional Drafting, with K.M. Munshi and Alladi Krishnaswamy Aiyar making significant contributions.

Two civil servants, Constitutional Advisor B.N. Rau and Chief Draughtsman S.N. Mukherjee, played instrumental roles in assisting these six individuals.

Ambedkar guided the Draft Constitution through the Assembly over three years, resulting in eleven volumes of discussions. Despite its length, the process was fascinating, revealing diverse visions for India’s language, political systems, and moral values.

The Vision of the Constitution

On December 13, 1946, Jawaharlal Nehru presented “The Objective Resolution” to the Constituent Assembly.

This resolution was significant as it outlined the core ideas of Independent India’s Constitution and set the framework for the constitution-making process.

It declared India as an “Independent Sovereign Republic,” ensuring justice, equality, and freedom for its people, along with protections for minorities and marginalized groups.

Nehru contextualized India’s constitution-making history within the broader struggle for liberty and freedom, referencing events like the American and French Revolutions.

He emphasized that while these events were influential, India’s Constitution should not simply copy ideas from elsewhere but adapt them to fit India’s unique context.

Nehru advocated for a blend of liberal democracy and socialist principles to suit Indian society, emphasizing the need for creative adaptation and learning from global experiences.

The will of the people

Somnath Lahiri, a Communist member, raised concerns about the British influence on the Constituent Assembly’s proceedings. He urged fellow members and Indians to liberate themselves from British imperialism’s grip.

During the winter of 1946-47, as the Assembly met, British authority still prevailed in India. Though an interim administration led by Jawaharlal Nehru functioned, it operated under British directives.

Nehru acknowledged that the Constituent Assembly had British origins and functioned within British parameters. However, he emphasized that its strength derived from the people’s will.

Nehru stressed that governments are born from the people’s aspirations and should reflect their desires. The Constituent Assembly aimed to express the dreams of those who fought for independence.

The struggle for democracy and justice had long been intertwined with India’s social reform movements, dating back to the nineteenth century.

Defining Rights

As the Constituent Assembly deliberated, crucial questions arose regarding the definition of individual citizens’ rights, the special rights of oppressed groups, and the rights of minorities. However, there were no clear, collective answers to these questions initially.

The assembly had to navigate through diverse opinions and individual encounters to evolve answers. In his opening speech, Nehru emphasized the importance of fulfilling the will of the people and addressing their aspirations, which was a daunting task.

With the anticipation of Independence, various groups expressed their desires differently, leading to diverse demands. Resolving these conflicting ideas and achieving a consensus required thorough debate and reconciliation.

The problem with separate electorates

On August 27, 1947, B. Pocker Bahadur from Madras presented a compelling argument in favor of maintaining separate electorates.

He highlighted the existence of minorities in all countries, emphasizing that they cannot simply be ignored or eradicated.

Bahadur stressed the need for a political framework that allows minorities to coexist peacefully and minimizes community differences, asserting that separate electorates are essential for ensuring genuine representation for Muslims in government.

While some nationalists were dismayed by this proposal, viewing it as a divisive tactic by the British, Govind Ballabh Pant expressed concern over its potential harm to both the nation and minorities.

He believed that a successful democracy is measured by the level of trust it fosters among diverse groups and emphasized the importance of understanding and empathizing with minority concerns.

Pant opposed separate electorates, arguing that isolating minorities would only marginalize them and deprive them of meaningful participation in governance.

Instead, he advocated for granting citizens certain freedoms under the Constitution while ensuring equal treatment for all within the state.

Not all Muslims supported the idea of separate electorates. Begum Aizaas Rasul argued against them, seeing them as divisive and harmful to minority interests.

By 1949, the majority of Muslim members in the Constituent Assembly had also recognized the drawbacks of separate electorates, actively engaging in the democratic process to ensure strong political representation for minorities without resorting to segregation.

More Than A Resolution

N.G. Ranga, a socialist and prominent figure in the peasant movement, proposed a unique interpretation of the term “minorities,” advocating for an economic perspective.

In his view, the true minorities in society were the impoverished and oppressed individuals.

While Ranga acknowledged the legal safeguards offered by the Constitution, he highlighted their shortcomings.

He argued that for the impoverished rural population, fundamental rights such as the right to life and full employment, as well as civil liberties like freedom of assembly, held little practical significance.

Who did the Constituent Assembly aim to represent?

The assembly was intended to speak for the masses, the majority of whom were not represented among its members.

The assembly members were entrusted with the responsibility of advocating for and safeguarding the interests of the people.

How were the rights of the Depressed Castes addressed in the Constitution?

During the independence movement, Ambedkar advocated for separate electorates for the Depressed Castes, which Gandhi opposed, fearing it would permanently segregate them.

Some members of the Depressed Castes stressed that mere protection and safeguards wouldn’t suffice to address their issues.

Their disabilities stemmed from the social norms and moral values of a caste society, which kept them socially distant and deprived them of education and power.

Although constituting a significant portion of the population, they lacked access to opportunities.

Ultimately, the Constituent Assembly recommended measures to abolish untouchability, grant access to Hindu temples for all castes, and reserve legislative seats and government positions for the lowest castes.

The Powers Of The State

One of the most fiercely debated topics in the Constituent Assembly was the division of powers between the Central Government and the states. Jawaharlal Nehru advocated for a strong central authority to ensure peace, coordinate national matters, and represent the country internationally.

The Draft Constitution proposed three lists of subjects: Union, State, and Concurrent. The Central Government would handle subjects in the first list, while the states would manage those in the second. The third list was shared responsibility. However, more items were under exclusive Union control than in other federations, with an extensive Concurrent list.

The Union retained control over minerals and key industries, and Article 356 empowered it to take over state administrations on the Governor’s recommendation.

The Constitution also established a complex system of fiscal federalism. Some taxes, like customs duties and Company taxes, were solely collected by the Centre, while others, like income tax and excise duties, were shared with the states. Certain taxes, such as land and property taxes, were solely levied by the states.

The centre is likely to break

K. Santhanam of Madras passionately defended the rights of the states in the Constituent Assembly. He argued that overburdening the Centre with responsibilities would weaken rather than strengthen it. Santhanam advocated for a reallocation of powers to empower both the Centre and the states.

He believed that by relieving the Centre of some functions and transferring them to the states, the Centre could become more effective. However, he expressed concern that the proposed allocation of powers would cripple the states.

Santhanam feared that most taxes being assigned to the Centre, except for land revenue, would impoverish the provinces, hindering their ability to undertake development projects. He opposed a constitution where states had to rely on the Centre for basic needs like education and sanitation, advocating instead for a unitary system.

Santhanam warned of a bleak future if the proposed distribution of powers went unchecked, predicting that provinces would eventually revolt against the Centre. Many other members from various provinces shared similar apprehensions and fought for fewer items to be centralized under the Union and Concurrent lists. They feared that excessive centralization would lead to the disintegration of the Centre.

What we want today is a strong Government

The call for greater power to the provinces sparked a fierce response in the Constituent Assembly, where the necessity of a robust central authority had been emphasized repeatedly. Ambedkar himself had advocated for a “strong and united Centre” even stronger than the one established under the Government of India Act of 1935. This sentiment echoed the concerns of many members who highlighted the rampant riots and violence tearing the nation apart, stressing the urgent need for a centralized authority capable of quelling communal tensions.

Reacting to the demands for provincial empowerment, Gopalaswami Ayyangar asserted that “the Centre should be made as strong as possible.” Balakrishna Sharma, a member from the United Provinces, argued extensively that only a strong Centre could effectively plan for national welfare, mobilize economic resources, establish efficient administration, and defend against foreign threats.

Before Partition, the Congress had entertained the idea of granting significant autonomy to provinces to assuage the Muslim League’s concerns. However, the prevailing circumstances had shifted opinions post-Partition. The looming violence and chaos propelled a push towards centralization, perceived as vital for both maintaining order and charting the country’s economic trajectory.

Thus, the Constitution exhibited a clear inclination towards bolstering the rights of the Union of India over those of its constituent states, reflecting a shift in priorities driven by the exigencies of the time.

The Language Of The Nation

By the 1930s, the Congress had embraced Hindustani as the national language, a decision supported by Mahatma Gandhi’s advocacy for plain English as a common tongue. Hindustani, a blend of various cultural influences, had become ubiquitous throughout India.

Over time, Hindustani had assimilated vocabulary from various origins, making it comprehensible to people from diverse regions. Gandhi envisioned this multicultural language as a unifying force, bridging gaps between Hindus and Muslims, as well as those from different geographical backgrounds.

However, from the late nineteenth century, Hindustani experienced gradual transformations. Communal tensions led to a divergence between Hindi and Urdu. Hindi underwent Sanskritization, shedding Persian and Arabic elements, while Urdu leaned more towards Persian influences. This linguistic shift intertwined with the politics of religious identities. Yet, Gandhi remained steadfast in his belief in the composite nature of Hindustani.

A Plea for Hindi

R. V. Dhulekar from the United Provinces and representing the Congress, made an aggressive plea that Hindi be used as the language of constitution-making.

Three years later, on 12 September 1947, Dhulekar’s speech reignited the debate on the national language.

The Language Committee of the Constituent Assembly had proposed a compromise, suggesting that Hindi in the Devanagari script become the official language with a gradual transition. English would retain its official status for fifteen years, and provinces could opt for a regional language for official use.

The committee aimed to appease tensions by designating Hindi as the official, not national, language.

Dhulekar opposed this conciliatory stance, insisting on Hindi being a National Language, not just an Official Language. He mocked those advocating for Hindustani over Hindi in the name of Mahatma Gandhi.

The Fear of Domination

Shrimati G. Durgabai from Madras voiced her concerns about the contentious issue of the national language in India the day after Dhulekar’s speech.

“Mr. President, the question of the national language for India has recently become highly contentious. Non-Hindi speakers fear that this battle is aimed at suppressing the influence of other powerful Indian languages on our composite culture.”

She highlighted the strong opposition to Hindi in the south, which was perceived as a threat to provincial languages.

However, despite this opposition, she, along with many others, heeded Mahatma Gandhi’s call and promoted Hindi in the south by establishing schools and teaching the language.

T. A. Ramalingam Chettiar of Madras stressed the need for caution in promoting Hindi. Pushing too hard could potentially undermine its cause.

Chapter 12 Framing the Constitution- FAQs

What is the significance of the Constituent Assembly in framing the Indian Constitution?

The Constituent Assembly played a crucial role in drafting and adopting the Indian Constitution. It was tasked with representing the diverse interests and aspirations of the Indian population and ensuring the creation of a democratic and inclusive constitution for the newly independent nation.

Who chaired the Constituent Assembly during the framing of the Constitution?

Dr. Rajendra Prasad as the President of the Constituent Assembly during the framing of the Constitution.

What were the major challenges faced by the members of the Constituent Assembly during the framing of the Constitution?

Some of the major challenges faced by the members of the Constituent Assembly included reconciling diverse interests, addressing socio-economic inequalities, ensuring minority rights, and deciding on the language and federal structure of the nation.

What were the key principles and objectives outlined in the Objectives Resolution introduced by Jawaharlal Nehru?

The Objectives Resolution, introduced by Jawaharlal Nehru, outlined the principles of justice, equality, freedom, and safeguards for minorities. It declared India as an Independent Sovereign Republic and aimed to integrate liberal democratic ideals with socialist principles within the Indian context.

How did the Indian Constitution address the rights of individual citizens and minority groups?

The Indian Constitution guaranteed fundamental rights to all citizens, including the right to equality, freedom of speech and expression, and protection against discrimination. It also provided for affirmative action and safeguards for minority groups to ensure their representation and protection.