concluding remarks by The Honourable Dr. Rajendra Prasad on Constitution of India Saturday, the 26th November,1949
concluding remarks by The Honourable
Dr. Rajendra Prasad on Constitution of India
Saturday, the 26th November,1949
Mr.
President: .....
Before I do
that, I would like to mention some facts which will show the tremendousness of
the task which we undertook some three years ago. If you consider the
population with which the Assembly has had to deal, you will find that it is
more than the population of the whole of Europe minus Russia, being 319
millions as against 317 millions. The countries of Europe have never beenable
to join together or coalesce even in a Confederacy, much less under one unitary
Government. Here, in spite of the size of the population and the country, we
have succeeded in framing a Constitution which covers the whole of it. Apart
from the size, there were other difficulties which were inherent in the problem
itself. We have got many communities
living in this country. We have got many
languages prevalent in different
parts of it. We have got other kinds of differences dividing the people in the different parts from one
another. We had to make provision not only for areas which are advanced educationally
and economically; we had also to make provision for backward people like the Tribes and for backward areas like the
Tribal areas. The communal problem had been one of the knottiest problems which
the country has had before it for a pretty long time. The Second RoundTable Conference
which was attended by Mahatma Gandhi
failed because the communal problem could not be solved. The subsequent history
of the country is too recent to require narration here; but we know this that
as a result, the country has had to be divided and we have lost two big
portions in the north-east and north-west.
Another
problem of great magnitude was the problem of the Indian States. When the British came to India, they did
not conquer the country as a whole or at one stroke. They got bits of it
from time to time. The bits which came into their direct possession and control
came to be known as British India; but a considerable portion remained under
the rule and control of the Indian Princes. The British thought at the time
that it was not necessary or profitable for them to take direct control of
those territories, and they allowed the old Rulers to continue subject to their
suzerainty. But they enteredinto
various kinds of treaties and engagements with them. We had something near six
hundred States covering more than one-third of the territory of India and
one-fourth of the population of the country. They varied in size from small
tiny principalities to big States like Mysore, Hyderabad, Kashmir, etc. When
the British decided to leave this country, they transferred power to us; but at
the same time, they also declared that all the treaties and engagements they
had with the Princes had lapsed. The aramountcy
which they had so long exercised and by which they could keep the Princes in
order also lapsed. The Indian Government was them faced with the problem of
tackling these States which had different traditions of rule, some of them
having some form of popular representation in Assembliesand some having no
semblance of anything like that, and governing completely autocratically. As a
result of the declaration that the treaties with the Princes and Paramountcy
had lapsed, itbecame open to any Prince or any combination of Princes to assume
independence and even to enter into negotiations with any foreign power and
thus become islands of independent territory within the
country. There
were undoubtedly geographical and other compulsions which made it physically
impossible for
most of them to go against the Government of India but constitutionally it had
become
possible. The
Constituent Assembly therefore had at the very beginning of its labours, to
enter into
negotiations
with them to bring their representatives into the Assembly so that a
constitution might
be framed in
consultation with them. The first efforts were successful and some of them did
join this Assembly at an early stage but others hesitated. It is not necessary
to pry into the secrets of what was happening in those days behind the scenes.
It will be sufficient to state that by August 1947 when the Indian Independence
Act came into force, almost all of them with two notable exceptions, Kashmir in
the north and Hyderabad in the South, had acceded to India. Kashmir soon after followed the example of others and acceded.
There were standstill agreements with all of them including Hyderabad which continued the status
quo. As time passed, it became apparent that it was not possible at
any rate for the smaller States to maintain their separate independence
existence and then a process of
integration with India started. In course of time not only have all the smaller
States coalesced and become integrated with some province or other of India but
some of the larger ones also have joined. Many of the States have formed Unions
of their own and such Unions have become part of the Indian Union. It must be
said to the credit of the Princes and the people of the States no less than to
the credit of the States Ministry under the wise and far-sighted guidance of Sardar Vallabhbhai Patel that by the
time we have been able to pass this Constitution, the States are now
more or less
in the same position as the Provinces and it has become possible to describe
all of them
including the
Indian States and the Provinces as States in the Constitution. The announcement
which
has been made
just now by Sardar Vallabhbhai Patel makes the position very clear, and now
there is
no difference
between the States, as understood before, and the provinces in the New
Constitution.
It has
undoubtedly taken us three years to complete this work, but when we consider
the work
that has been
accomplished and the number of days that we have spent in framing this
Constitution, the details of which were given by the Honourable Dr. B. R. Ambedkar, yesterday, we have
no reason to be sorry for the time spent.
It has
enabled the apparently intractable problem of the States and the communal
problem to be
solved. What
had proved insoluble at the Round Table Conference and had resulted in the
division of the country has been solved with the consent of all parties
concerned, and again under the wise
guidance of
Honourable Sardar Vallabhbhai Patel.
At first we
were able to get rid of separate electorates which had poisoned our political
life for so
many years,
but reservation of seats for the communities which enjoyed separate electorates
before had to be conceded, although on the basis of their population and not as
had been done in the Act of 1919 and the
Act of 1935 of giving additional representation on account of the so-called
historical and other superiority claimed
by some of the communities. It has become possible only because the Constitution was not passed earlier that even
reservation of seats has been given up by the
communities concerned and so our Constitution does not provide for
reservation of seats on
communal
basis, but for reservation only in favour of two classes of people in our
population, namely, the depressed classes who are Hindus and the tribal people,
on account of their backwardness ineducation and in other respects. I therefore
see no reason to be apologetic about the
delay. The cost too which the Assembly has had to incur during its three
year's existence is not too high when you take into consideration the factors
going to constitute it. I understand that the expenses up to the 22nd of
November come to Rs. 63,96,729/-.
The method
which the Constituent Assembly adopted in connection with the Constitution was
first
to lay down
its ‘terms of reference’ as it were in the form of an Objective Resolution which was moved
by Pandit
Jawaharlal Nehru in as inspiring speech and which constitutes now the Preamble
to our
Constitution.
It then proceeded to appoint a number of committees to deal with different
aspects of
the
Constitutional problem. Dr. Ambedkar mentioned the names of these Committees.
Several of
these had as
their Chairman either Pandit Jawaharlal
Nehru or Sardar Patel to whom thus goes the
credit for
the fundamentals of our Constitution. I have only to add that they all worked
in a businesslike
manner and
produced reports which were considered by the Assembly and their
recommendations
were adopted as the basis on which the draft of the Constitution had to be
prepared.
This was done by Mr. B. N. Rau, who
brought to bear on his task a detailed knowledge of
Constitutions
of other countries and an extensive knowledge of the conditions of this country
as well
as his own
administrative experience. The Assembly then appointed the Drafting Committee
which
worked on the
original draft prepared by Mr. B. N. Rau and produced the Draft Constitution
which was
considered by
the Assembly at great length at the second reading stage. As Dr. Ambedkar
pointed
out, there
were not less than 7,635 amendments of
which 2,473 amendments were moved. I am
mentioning
this only to show that it was not only the Members of the Drafting Committee
who were
giving their
close attention to the Constitution, but other Members were vigilant and
scrutinizing the
Draft in all
its details. No wonder, that we had to consider not only each article in the
Draft, but
practically
every sentence and sometimes, every word in every article. It may interest
honourable
members to
know that the public were taking great interest in its proceedings and I have
discovered
that no less
than 53,000 visitors were admitted
to the Visitors gallery during the period when the
Constitution
has been under consideration. In the result, the Draft Constitution has
increased in size,
and by the
time it has been passed, it has come to have 395 articles and 8 schedules, instead
of the
243 articles
and 13 schedules of the original Draft of Mr. B. N. Rau. I do not attach much
importance
to the
complaint which is sometimes made that it has become too bulky. If the
provisions have been
well thought
out, the bulk need not disturb the equanimity of our mind.
We have now to consider the salient
features of the Constitution. The first question which arises
and which has
been mooted is as to the category to
which this Constitution belongs. Personally, I do
not attach
any importance to the label which may be attached to it – whether you call it
Federal
Constitution
or Unitary Constitution or by any other name. It makes no difference so long as
the
Constitution
serves our purpose. We are not bound to have a constitution which completely
and fully
falls in line
with known categories of constitutions in the world. We have to take certain
facts of
history in
our own country and the Constitution has not to an inconsiderable extent been
influenced
by such
realities as facts of history.
You are all
aware that until the Round Table conference of 1930, India was completely a
Unitary
Government,
and the provinces derived whatever power they possessed from the Government of
India. It was
there for the first time that the question of Federation in a practical form
arose which
would include
not only the provinces but also the many States that were in existence. The
Constitution
of 1935 provided for a Federation in which both the provinces of India and the
States
were asked to
join. But the federal part of it could not be brought into operation, because
terms on
which the
Princes could agree to join it could not be in settled in spite of prolonged
negotiation. And,
when the war
broke out, that part of the Constitution had practically to be abrogated.
In the
present Constitution it has been possible not only to bring in practically all
the States which
fell within
our geographical limits, but to integrate the largest majority of them in
India, and the
Constitution
as it stands practically makes no difference so far as the administration and
the
distribution
of powers among the various organs of the State are concerned between what were
the
Provinces and
what were Indian States before. They are all now more or less on the same
footing
and, as time passes,
whatever little distinction still exists is bound to disappear. Therefore, so
far as
labelling is
concerned, we need not be troubled by it.
Well, the
first and the most obvious fact which will attract any observer is the fact
that we are
going to have
a Republic. India knew republics in
the past olden days, but that was 2,000 years ago
or more and
those republics were small republics. We never had anything like the Republic
which we
are going to
have now, although there were empires in those days as well as during the
Mughal
period which
covered very large parts of the country. The President of the Republic will be
an elected
President. We
never have had an elected Head of the State which covered such a large area of
India.
And it is for
the first time that it becomes open to the humblest and the lowliest citizens
of the
country to
deserve and become the President or the Head of this big State which counts
among the
biggest
States of the world today. This is not a small matter. But because we have an
elected
President,
some of the problems which are of a very difficult nature have arisen. We have
provided
for the
election of the President. We have provided for an elected legislature which is
going to have
supreme
authority. In America, the legislature and the President are both elected and,
there both
have more or
less equal powers – each in its or his own sphere, the President in the
executive sphere
and the
legislature in the legislative sphere.
We considered
whether we should adopt the American model or the British model where we have
a hereditary
king who is the fountain of all honour and power, but who does not actually
enjoy any
power. All
the power rests in the Legislature to which the Ministers are responsible. We
have had to
reconcile the
position of an elected President with an elected Legislature and, in doing so,
we have
adopted more
or less the position of the British Monarch for the President. This may or may
not be
satisfactory.
Some people think too much power has been given to the President; others think
that
the
President, being an elected President, should have even more powers than are
given to him.
If you look
at it from the point of view of the electorate which elects the Parliament and
which
elects the
President, you will find that practically the entire adult population of the
country joins in
electing this
Parliament and it is not only the Members of the Parliament of India but also
the
Members of
the Legislative Assemblies of the States who join in electing the President. It
thus comes
about that,
while the Parliament and Legislative Assemblies are elected by the adult
population of the
country as a
whole, the President is elected by representatives who represent the entire
population
twice over, once
as representatives of the States and again as their representatives in the
Central
Parliament of
the country. But although the President is elected by the same electorate as
the Central
and State
Legislatures, it is as well that his position is that of a Constitutional
President.
Then we come
to the Ministers. They are of course responsible to the Legislature and tender
advice to the
President who is bound to act according to that advice. Although there are no
specific
provisions,
so far as I know, in the Constitution itself making it binding on the President
to accept the
advice of his
Ministers, it is hoped that the convention under which in England the King acts
always on
the advice of
his Ministers will be established in this country also and, the president, not
so much on
account of
the written word in the Constitution, but as the result of this very healthy
convention, will
become a
Constitutional President in all matters.
The Central Legislature consists of two
Houses known as the House of People and the Council of
States which both together constitute the
Parliament of India. In the Provinces, or States as they are
now called,
we shall have a Legislative Assembly in all of them except those which are
mentioned in
Parts C and D
of Schedule I, but every one of them will not have a Second Chamber. Some of
the
provinces,
whose representatives felt that a Second Chamber is required for them, have
been
provided with
a Second Chamber. But there is a provision in the Constitution that if a
province does
not want such
a Second Chamber to continue or if a province which has not got one wants to
establish
one, the wish has to be expressed through the Legislature by a majority of
two-thirds of the
Members
voting and by a majority of the total number of Members in the Legislative
Assembly. So,
even while
providing some of the States with Second Chambers, we have provided also for
their easy
removal or
for their easy establishment by making this kind of amendment of the
Constitution not a
Constitutional
Amendment, but a matter of ordinary parliamentary legislation.
We have
provided for adult suffrage by which
the legislative assemblies in the provinces and the
House of the
People in the Centre will be elected. It is a very big step that we have taken.
It is big not
only because
our present electorate is a very much smaller electorate and based very largely
on
property
qualification, but it is also big because it involves tremendous numbers. Our
population now
is something
like 320 millions if not more and we have found from experience gained during
the
enrolment of
voters that has been going on in the provinces that 50 per cent. roughly
representing
the adult
population. And on that basis we shall have not less than 160 million voters on
our rolls. The
work of organising
election by such vast numbers is of tremendous magnitude and there is no other
country where
election on such a large scale has ever yet been held.
I will just
mention to you some facts in this connection. The legislative assemblies in the
provinces, it
is roughly calculated, will have more than 3,800 members who will have to be
elected in
as many
constituencies or perhaps a few less. Then there will be something like 500
members for the
House of the
People and about 220 Members for the Council of States. We shall thus have to
provide
for the
election of more than 4,500 members and the country will have to be divided
into something
like 4,000
constituencies or so. I was the other day, as a matter of amusement,
calculating what our
electoral
roll will look like. If you print 40 names on a page of foolscap size, we shall
require
something
like 20 lakhs of sheets of foolscap size to print all the names of the voters,
and if you
combine the
whole thing in one volume, the thickness of the volume will be something like
200 yards.
That alone
gives us some idea of the vastness of the task and the work involved in
finalising the rolls,
delimiting
Constituencies, fixing polling stations and making other arrangements which
will have to be
done between
now and the winter of 1950-51 when it is hoped the elections may be held.
Some people
have doubted the wisdom of adult franchise. Personally, although I look upon it
as
an experiment
the result of which no one will be able to forecast today, I am not dismayed by
it. I am
a man of the
village and although I have had to live in cities for a pretty long time, on
account of my
work, my
roots are still there. I, therefore, know the village people who will
constitute the bulk of this
vast
electorate. In my opinion, our people possess intelligence and commonsense.
They also have a
culture which
the sophisticated people of today many not appreciate, but which is solid. They
are not
literate and
do not possess the mechanical skill of reading and writing. But, I have no
doubt in my
mind that
they are able to take measure of their own interest and also of the interests
of the country
at large if
things are explained to them. In fact, in some respects, I consider them to be
even more
intelligent than
many a worker in a factory, who loses his individuality and becomes more or
less a
part of the
machine which he has to work. I have, therefore, no doubt in my mind that if
things are
explained to
them, they will not only be able to pick up the technique of election, but will
be able to
cast their
votes in an intelligent manner and I have, therefore, no misgivings about the
future, on
their
account. I cannot say the same thing about the other people who may try to
influence them by
slogans and
by placing before them beautiful pictures of impracticable programmes.
Nevertheless, I
think their
sturdy commonsense will enable them to see things in the right perspective. We
can,
therefore,
reasonably hope that we shall have legislatures composed of members who shall
have their
feet on the
ground and who will take a realistic view of things.
Although
provision has been made for a second
chamber in the Parliament and for second
chambers in some of the States, it is the
popular House which is supreme. In all financial and money
matters, the
supremacy of the popular House is laid down in so many words. But even in
regard to
other matters
where the Upper Chamber may be said to have equal powers for initiating and
passing
laws, the
supremacy of the popular House is assured. So far as Parliament is concerned,
if a
difference
arises between the two Chambers, a joint session may be held; but the
Constitution
provides that
the number of Members of the Council of States shall not be more than 50
percent. of
the Members
of the House of the People. Therefore, even in the case of a joint session, the
supremacy of
the House of the People is maintained, unless the majority in that very House
is a small
one which
will be just a case in which its supremacy should not prevail. In the case of
provincial
legislatures,
the decision of the Lower House, prevails if it is taken a second time. The
Upper Chamber
therefore can
only delay the passage of Bills for a time, but cannot prevent it. The
President or the
Governor, as
the case may be, will have to give his assent to any legislation, but that will
be only on
the advice of
his Ministry which is responsible ultimately to the popular House. Thus, it is
the will of
the people as
expressed by their representatives in the popular Chamber that will finally
determine all
matters. The
second Chamber and the President or the Governor can only direct
reconsideration and
can only
cause some delay; but if the popular Chamber is determined, it will have its
way under the
Constitution.
The Government therefore of the country as a whole, both in the Centre and in
the
Provinces,
will rest on the will of the people which will be expressed from day to day
through their
representatives
in the legislatures and, occasionally directly by them at the time of the
general
elections.
We have
provided in the Constitution for a judiciary which will be independent. It is
difficult to
suggest
anything more to make the Supreme Court
and the High Courts independent of the influence
of the Executive. There is an attempt
made in the Constitution to make even the lower judiciary
independent
of any outside or extraneous influence. One of our articles makes it easy for
the State
Governments
to introduce separation of Executive from Judicial functions and placing the
magistracy
which deals
with criminal cases on similar footing as Civil Courts. I can only express the
hope that this
long overdue
reform will soon be introduced in the States.
Our
Constitution has devised certain independent agencies to deal with particular
matters. Thus, it
has provided
for Public Service Commission both
for the Union and for the States and placed such
Commission on
an independent footing so that they may discharge their duties without being
influenced by
the Executive. One of the things against which we have to guard is that there
should be
no room as
far as it is humanly possible for jobbery, nepotism and favouritism. I think
the provisions
which we have
introduced into our Constitution will be very helpful in this direction.
Another
independent authority is the Comptroller and Auditor-General who will watch our
finances
and see to it
that no part of the revenues of India or of any of the States is used for
purposes and on
items without
due authority and whose duty it will be otherwise to keep our accounts in
order. When
we consider
that our Governments will have to deal with hundreds of crores, it becomes
clear how
important and
vital this Department will be. We have provided another important authority,
i.e., the
Election
Commissioner whose function it will be to conduct and supervise the elections
to the
Legislatures
and to take all other necessary action and connection with them. One of the
dangers
which we have
to face arises out of any corruption which parties, candidates or the Government
in
power may
practise. We have had no experience of democratic elections for a long time
except during
the last few
years and now that we have got real power, the danger of corruption is not only
imaginary. It
is therefore as well that our Constitution guards against this danger and makes
provision for
an honest and straightforward election by the voters. In the case of the Legislature, the
High Courts, the Public Services
Commission, the Comptroller and Auditor-General and the Election
Commissioner, the Staff which will assist
them in their work has also been placed under their control
and in most of these cases their
appointment, promotion and discipline vest in the particular
institution to which they belong thus
giving additional safeguards about their independence.
The
Constitution has given in two Schedules, namely Schedules V and VI, special provisions for
administration
and control of Scheduled Areas and Scheduled Tribes. In the case of the Tribes
and
Tribal Areas
in States other than Assam, the Tribes will be able to influence the
administration
through the
Tribes Advisory Council. In the case of the Tribes and Tribal Areas in Assam,
they are
given larger
powers through their district Councils and Autonomous Regional Councils. There
is,
further provision
for a Minister in the State Ministries to be in charge of the welfare of the
Tribes and
the Scheduled
Castes and a Commission will also report about the way in which the areas are
administered.
It was necessary to make this provision on account of the backwardness of the
Tribes
which require
protection and also because their own way of solving their own problems and
carrying
on their
Tribal life. These provisions have given them considerable satisfaction as the
provision for the
welfare and
protection of the Scheduled Castes has given satisfaction to them.
The
Constitution has gone into great details regarding the distribution of power and functions
between the Union and the States in all
aspects of their administrative and other activities. It has
been said by
some that the powers given to the Centre are too many and too extensive and the
States have
been deprived of power which should really belong to them in their own fields.
I do not
wish to pass
any judgment on this criticism and can only say that we cannot be too cautious
about
our future,
particularly when we remember the history of this country extending over many
centuries.
But such
powers as have been given to the Centre to act within the sphere of the States
relate only to
emergencies,
whether political or financial and economic, and I do not anticipate that there
will be
any tendency
on the part of the Centre to grab more power than is necessary for good
administration
of the
country as a whole. In any case the Central Legislature consists of
representatives from the
States and
unless they are convinced of their over-riding necessity, they are not likely
to consent to
the use of
any such powers by the Central executive as against the States whose people
they
represent. I
do not attach much importance to the complaint that residuary powers have been
vested
in the Union.
Powers have been very meticulously and elaborately defined and demarcated in
the
three lists
of Schedule Seven, and the residue whatever it may be, is not likely to cover
any large
field, and,
therefore, the vesting of such residuary powers does not mean any very serious
derogation
in fact from
the power which ought to belong to the States.
One of the
problems which the Constituent Assembly
took considerable time in solving relates to
the language for official purposes of the
country. There is a natural desire that the we should have
our own
language, and in spite the difficulties on account of the multiplicity of
languages prevalent in
the country,
we have been able to adopt Hindi which is the language that is understood by
the largest
number of
people in the country as our official language. I look upon this as a decision
of very great
importance
when we consider that in a small country like Switzerland they have no less than three
official languages and in South Africa two
official languages. It shows a spirit of accommodation and a
determination
to organize the country as one nation that those whose language is not Hindi
have
voluntarily
accepted it as the official language. (Cheers). There is no question of
imposition now.
English
during the period of British rule, Persian during the period of the Muslim
Empire were Court
and official
languages. Although people have studies them and have acquired proficiency in
them,
nobody can
claim that they were voluntarily adopted by the people of the country at large.
Now for
the first
time in our history we have accepted one language which will be the language to
be used all
over the
country for all official purposes, and let me hope that it will develop into a
national language
in which all
will feel equal pride while each area will be not only free, but also
encouraged to develop
its own
peculiar language in which its culture and its traditions are enshrined. The
use of English
during the
period of transition was considered inevitable for practical reasons and no one
need be
despondent
over this decision, which has been dictated purely by practical considerations.
It is the
duty of the
country as a whole now and especially of those whose language is Hindi to so
shape and
develop it as
to make it the language in which the composite culture of India can find its
expression
adequately
and nobly.
Another
important feature of our Constitution is that it enables amendments to be made without
much difficulty. Even the
constitutional amendments are not as difficult as in the case of some other
countries,
but many of the provisions in the Constitution are capable of being amended by
the
Parliament by
ordinary acts and do not require the procedure laid down for constitutional
amendments to
be followed. There was a provision at one time which proposed that amendments
should be
made easy for the first five years after the Constitution comes into force, but
such a
provision has
become unnecessary on account of the numerous exceptions which have been made
in
the
Constitution itself for amendments without the procedure laid down for
constitutional
amendments.
On the whole, therefore, we have been able to draft a Constitution which I
trust will
serve the
country well.
There is a special provision in our
Directive Principles to which I attach great importance. We have
not provided
for the good of our people only but have laid down in our directive principles
that our
State shall
endeavour to promote material peace and security, maintain just and honourable
relations
between
nations, foster respects for international law and treaty obligations and
encourage
settlement of
international disputes by arbitration. In a world torn with conflicts, in a
world which
even after
the devastation of two world wars is still depending on armaments to establish
peace and
goodwill, we
are destined to play a great part, if we prove true to the teachings of the
Father of the
Nation and
give effect to this directive principle in our Constitution. Would to God that
he would give
us the wisdom
and the strength to pursuance this path in spite of the difficulties which
beset us and
the atmosphere
which may well choke us. Let us have faith in ourselves and in the teachings of
the
Master whose
portrait hangs over my head and we shall fulfil the hopes and prove true to the
best
interests of
not only our country but of the world at large.
I do not
propose to deal with the criticism which relate mostly to the articles in the
part dealing
with Fundamental Rights by which absolute rights
are curtailed and the articles dealing with
Emergency Powers. Other Members have
dealt with these objections at great length. All that I need
state at this
stage is that the present conditions of the country and tendencies which are
apparent
have
necessitated these provisions which are also based on the experience of other
countries which
have had to
enforce them through judicial decisions, even when they were not provided for
in the
Constitution.
There are only two regrets which I must
share with the honourable Members I would have liked to
have some qualifications laid down for members of the
Legislatures. It is anomalous that we should
insist upon
high qualifications for those who administer or help in administering the law
but none for
those who
made it except that they are elected. A law giver requires intellectual
equipment but even
more than
that capacity to take a balanced view of things to act independently and above
all to be
true to those
fundamental things of life – in one word – to have character (Hear,
hear). It is not
possible to
devise any yardstick for measuring the moral qualities of a man and so long as
that is not
possible, our
Constitution will remain defective. The
other regret is that we have not been able to
draw up our first Constitution of a free
Bharat in an Indian language. The difficulties in both cases
were
practical and proved insurmountable. But that does not make the regret any the
less poignant.
We have
prepared a democratic Constitution. But successful working of democratic
institutions
requires in
those who have to work them willingness to respect the view points of others,
capacity for
compromise
and accommodation. Many things which cannot be written in a Constitution are
done by
conventions.
Let me hope that we shall show those capacities and develop those conventions.
The
way in which
we have been able to draw this Constitution without taking recourse to voting
and to
divisions in
Lobbies strengthens that hope.
Whatever the Constitution may or may not
provide, the welfare of the country will depend upon
the way in which the country is
administered. That will depend upon the men who administer it. It is a
trite saying
that a country can have only the Government it deserves. Our Constitution has
provision
in it which
appear to some to be objectionable from one point or another. We must admit
that the
defects are
inherent in the situation in the country and the people at large. If the people
who are
elected are
capable and men of character and integrity, they would be able to make the best
even of
a defective
Constitution. If they are lacking in these, the Constitution cannot help the
country. After
all, a
Constitution like a machine is a lifeless thing. It acquires life because of
the men who control it
and operate
it, and India needs today nothing more than a set of honest men who will have
the
interest of
the country before them. There is a fissiparous tendency arising out of various
elements in
our life. We
have communal differences, caste differences, language differences, provincial
differences
and so forth. It requires men of strong character,
men of vision, men who will not sacrifice the
interests of the country at large for the
sake of smaller groups and areas and who will rise over the
prejudices which are born of these
differences. We can only hope
that the country will throw up such
men in abundance. I can say this from
the experience of the struggle that we have had during the
period of the
freedom movement that new occasions throw up new men; not once but almost on
every
occasion when all leading men in the Congress were clapped into prison suddenly
without
having the
time to leave instructions to others and even to make plans for carrying on
their
campaigns,
people arose from amongst the masses who were able to continue and conduct the
campaigns
with intelligence, with initiative, with capacity for organization which nobody
suspected
they
possessed. I have no doubt that when the country needs men of character, they
will be coming
up and the
masses will throw them up. Let not those who have served in the past therefore
rest on
their oars,
saying that they have done their part and now has come the time for them to
enjoy the
fruits of
their labours. No such time comes to anyone who is really earnest about his
work. In India
today I feel
that the work that confronts us is even more difficult than the work which we
had when
we were
engaged in the struggle. We did not have then any conflicting claims to
reconcile, no loaves
and fishes to
distribute, no powers to share. We have all these now, and the temptations are
really
great. Would
to God that we shall have the wisdom and the strength to rise above them, and
to serve
the country
which we have succeeded in liberating.
Mahatma
Gandhi laid stress on the purity of the
methods which had to be pursued for attaining
our ends. Let us not forget that this
teaching has eternal value and was not intended only for the
period of
stress and struggle but has as much authority and value today as it ever had
before. We
have a
tendency to blame others for everything that goes wrong and not to introspect
and try to see
if we have
any share in it or not. It is very much easier to scan one's own actions and
motives if one
is inclined
to do so than to appraise correctly the actions and motives of others. I shall
only hope that
all those
whose good fortune it may be to work this Constitution in future will remember
that it was a
unique
victory which we achieved by the unique method taught to us by the Father of
the Nation, and
it is up to
us to preserve and protect the independence that we have won and to make it
really bear
fruit for the
man in the street. Let us launch on this new enterprise of running our
Independent
Republic with
confidence, with truth and non-violence and above all with heart within and God
over
head.
Before I
close, I must express my thanks to all the Members of this august Assembly from
whom I
have received
not only courtesy but, if I may say so, also their respect and affection.
Sitting in the
Chair and
watching the proceedings from day to day. I have realised as nobody else could have,
with
what zeal and
devotion the members of the Drafting Committee and especially its Chairman, Dr.
Ambedkar in
spite of his indifferent health, have worked. (Cheers). We could never make a
decision
which was or
could be ever so right as when we put him on the Drafting Committee and made
him its
Chairman. He
has not only justified his selection but has added luster to the work which he
has done.
In this
connection, it would be invidious to make any distinction as among the other
members of the
Committee. I
know they have all worked with the same zeal and devotion as its Chairman, and
they
deserve the
thanks of the country.
I must
convey, if you will permit me, my own thanks as well as the thanks of the house
to our
Constitutional
Adviser, Shri B. N. Rau, who worked honorarily all the time that he was here,
assisting
the Assembly
not only with his knowledge and erudition but also enabled the other Members to
perform their
duties with thoroughness and intelligence by supplying them with the material
on which
they could
work. In this he was assisted by his band and research workers and other
members of the
staff who
worked with zeal and devotion. Tribute has been paid justly to Shri S. N.
Mukerjee who has
proved of
such invaluable help to the Drafting Committee.
Coming to the
staff of the Secretariat of the Constituent Assembly I must first mention and
thank
the
Secretary, Mr. H. V. R. Yengar, who organised the Secretariat as an efficient
working body.
Although
latterly when the work began to proceed with more or less clock-work
regularity, it was
possible for
us to relieve him of part of his duties to take up other work, but he has never
lost touch
with our
Secretariat or with the work of the Constituent Assembly.
The members
of the staff have worked with efficiency and with devotion under our Deputy
Secretary
Shri Jugal Kishore Khanna. It is not always possible to see their work which is
done
removed from
the gaze of the Members of this Assembly but I am sure the tribute which Member
after Members
has paid to their efficiency and devotion to work is thoroughly deserved. Our
Reports
have done
their work in a way which will give credit to them and which has helped in the
preservation
of a record
of the proceedings of the Assembly which have been long and taxing. I must
mention the
translators
as also the Translation Committee
under the Chairmanship of Honourable Shir G. S. Gupta
who have had
a hard job in finding Hindi equivalents for English terms used in the
Constitution. They
are just now
engaged in helping a Committee of Linguistic Experts in evolving a vocabulary
which will
be acceptable
to all other languages as equivalents to English words used in the Constitution
and in
law. The Watch
and Ward officers, and the Police and last though not least the Marshall have
all
performed
their duties to our satisfaction. (Cheers)
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