Legacies of the Indian Constitution | PSIR Optional for UPSC (Notes) PDF Download

British Legacy & Making of the Indian Constitution

“I am sure that British will leave this country one day. However I am sure that before leaving, British will leave so much dirt and filth, that generations of Indians will not be able to clean it.” - Mahatma Gandhi

Legacy of the British Rule

The enduring impact of British rule in India can be attributed to the fact that, unlike China, India did not have a fresh beginning following its independence. While China underwent a communist revolution, India experienced a 'transfer of power' to its Western-educated elites, who favored a liberal, democratic political system.

Examining the situation from a Gramscian perspective, the ongoing influence of British rule demonstrates the sustained hegemony of the British in India. Utilizing the viewpoint of structural Marxist Hamza Alvi, it can be argued that South Asian elites chose to maintain the 'overdeveloped state' established during British rule, as it offered numerous benefits to the ruling class. As a result, there are multiple ways to understand the persistence of this legacy.

British legacy can be seen in following spheres

The British colonial legacy in India can be seen in various spheres, such as the economy, society, political system, bureaucracy, education system, and foreign policy. These aspects continue to be influenced by British practices and policies, which have left a lasting impact on the country. In this article, we will discuss each of these spheres in detail, highlighting the continuities and changes from the colonial era to the present day.

1. Economic Impact: The Indian economy, even after gaining independence, remained largely colonial in nature. India continued to supply raw materials to western countries while serving as a market for their goods. The regional imbalances that persist today reflect the inability to fully overcome the impact of colonialism. Rural poverty, lack of public investment in agriculture, and the failure of land reforms all indicate a continued colonial approach to development. Despite the majority of the population depending on agriculture, India chose to focus on industrialization after independence, leading to significant economic inequality.
2. Impact on Society: The British policy of divide and rule has had lasting consequences on Indian society, with continued conflicts based on caste, religion, and language. Communal identities were emphasized by the British to create divisions and suppress nationalist feelings. Today, similar strategies are employed for electoral gains, further dividing society along religious, caste, and regional lines.
3. Political System: The Government of India Act of 1935, which was based on recommendations from the Simon Commission, laid the foundation for India's political system. The nature of the Indian federation, the institution of the governor, ordinance-making powers, and emergency provisions were all drawn from this colonial constitution. The Act was not designed to transfer power from administrators to the people, leading Jayaprakash Narayan to call for a shift from "Rajaniti" (politics) to "Lokniti" (people's politics).
4. Bureaucracy: The Indian bureaucracy continues to exhibit colonial characteristics, with the persistence of draconian laws such as preventive detention. The culture of secrecy within the bureaucracy hinders transparency and accountability, while the continuation of the Official Secrets Act of 1923 further undermines democratic principles. The criminal justice system has also seen little change over time, with outdated laws based on Victorian norms being only recently reformed.
5. Education System: The British education system in India aimed to produce clerks and emphasized rote learning over creative and rational thinking. The continuation of Macaulay's system of education has been one of the most unfortunate legacies of the British rule in India.
6. Foreign Policy: The partition of the subcontinent remains one of the most significant and negative legacies of the British rule in India. South Asia is one of the least integrated regions globally, with the elites of the subcontinent unable to overcome the legacy of partition. India's policy towards its neighbors has often been seen as a continuation of British policies, with the country being perceived as having a colonial mindset.

Constituent Assembly: Representativeness and Legitimacy

Context of the debate
The argument that the Indian Constitution is neither the product of the will of the people nor represents the views of all sections of society has led to questions regarding its legitimacy. Critics argue that the Constitution is a "Congress Constitution," as the Constituent Assembly was dominated by members of the Congress party, and even Winston Churchill referred to it as "the assembly of Brahmins."

Moreover, the assembly was not directly elected by the people, nor did the people determine its structure and mode of functioning. Dr. Ambedkar, Chairman of the Drafting Committee, even said, "If I find the Constitution being misused, I shall be the first to burn it."

Evolution of the Constituent Assembly

• The idea of a constituent assembly to draft the Indian Constitution was initially proposed by Mahatma Gandhi in 1922, and in 1934, the Congress Working Committee adopted a resolution for the assembly to be elected on the basis of universal adult franchise. However, the actual assembly was based on the Cabinet Mission Plan approved by the British Parliament. Members of the assembly were indirectly elected, and many of the members were from upper castes.
• Despite these issues, the Indian Constitution has been amended more than 100 times in its 70-year existence, which some argue is indicative of its flexibility and adaptability.

Counter Arguments

• Time was not conducive to hold elections: Given the political climate at the time, it was not feasible to hold direct elections for the Constituent Assembly.
• Supreme Court's stand on the will of the people: In the Keshavanand Bharati case, the Supreme Court stated that there is no point in examining the factual correctness of the phrase "we the people," and it should be accepted as correct.
• Congress dominance and consensus-building: While the assembly was dominated by the Congress party, many provisions were adopted by consensus rather than by majority. The extended debates on various features of the Constitution also indicate that it was a consensus document.
• First General Elections: The composition of members did not change significantly in the first General Elections, suggesting that even if direct elections had been held, the composition of the assembly would not have been different.
• NCRWC recommendations: The National Commission for the Review of the Working of the Constitution (NCRWC), set up by a non-Congress government, did not recommend any far-reaching changes or the need for a new assembly.

Different Social and Political Perspectives of the Indian constitution

1. Political System: Parliamentary Democracy vs. Panchayati Raj: The nature of the political system was a major debate in the Constituent Assembly. Modernists like Jawaharlal Nehru and B.R. Ambedkar preferred the parliamentary democracy model, while Gandhians advocated for Panchayati Raj, or decentralized governance. Ultimately, the modernists' view prevailed, and Panchayati Raj was included in Part 4 of the Constitution, which pertains to non-enforceable principles.
2. Federation: Centralized vs. Loose Federation: Different groups in the Constituent Assembly had contrasting opinions on the nature of the federation. Members of parties like the Hindu Mahasabha preferred a loose federation, while leaders like Nehru and Sardar Patel advocated for a stronger central government. The final Constitution reflects a highly centralized federation, often referred to as quasi-federal.
3. Electoral System: Separate Electorate vs. Common Electorate: The electoral system was another debated issue in the Constituent Assembly. Members of minority communities, like Pocker Sahib, demanded separate electorates, while leaders like Sardar Patel and Govind Vallabh Pant strongly opposed this idea. They argued that separate electorates would hinder the integration of minorities into the nation. Ultimately, separate electorates were not included in the Constitution.
4. Uniform Civil Code: For vs. Against: The Uniform Civil Code (UCC) was one of the most contentious topics in the Constituent Assembly. Members from minority communities like Pocker Sahib and Ismail Sahib opposed the UCC, while women members like Hansa Mehta, Rajkumari Amrit Kaur, and leaders like K.M. Munshi strongly supported it. The UCC was eventually included as a Directive Principle of State Policy in the Constitution.
5. Fundamental Rights: Debates and Issues: There were extensive debates on the inclusion and scope of fundamental rights in the Constitution. The longest debate was on the right to property. Some leaders like NG Ranga, Jaipal Singh, and Ambedkar wanted guaranteed rights as mentioned in Part 4 of the Constitution, but ultimately, these were not included as enforceable rights.
6. Judiciary: Independence and Appointment of Judges: The nature of the judiciary and the appointment of judges were also debated. The Constituent Assembly considered the system of appointment of judges by judges to ensure independence, but Ambedkar opposed this, arguing that there should be no "imperium in imperio" or state within the state.
7. Governor: Qualifications and Appointment: The institution of the governor was another point of concern during the Constituent Assembly debates. Pandit Thakurdas Bhargav recommended that Nehru should include elaborate provisions for the qualifications of the governor rather than relying on conventions.

Conclusion

In conclusion, the British colonial legacy in India has left a lasting impact on various aspects of the country, including its economy, society, political system, bureaucracy, education system, and foreign policy. The Indian Constitution, despite being criticized for its Congress dominance and the lack of direct representation, is a living document that has evolved over time through amendments and judicial interpretations. The Constituent Assembly's debates reflect the diverse perspectives and concerns of its members, ultimately resulting in a Constitution that has guided India through its post-independence journey. While the British influence on India's development cannot be ignored, the country has made significant strides in overcoming the challenges posed by this legacy and forging its own path in the global arena.