Dr Rajendra Prasad- Rajrishi of Constituent Assembly and Bharat Ratna of Republic India

Dr Rajendra Prasad- Rajrishi of Constituent Assembly and

Bharat Ratna of Republic India

Advocates' day is celebrated in India by the lawyer community on the 3rd of December to mark the birth anniversary of Dr. Rajendra Prasad. Dr Rajendra Prasad (3 December 1884 – 28 February 1963)  was  President of Constituent  Assembly  and also Chairman of Committee on the Rules of     Procedure, Steering Committee , Finance and Staff Committee  and Adhoc Committee on the  National Flag.

National Flag

Dr Rajendra Prasad , Chairman of  Constituent Assembly, also headed Ad hoc Committee on National Flag. Sarojini Naidu, C. Rajagopalachari, K. M. Munshi ,B. R. Ambedkar and Maulana Abul Kalam Azad were the  members of this committee .On 22July 1947 the resolution on National Flag was adopted.Two National Flags one in silk and  another in cotton khadi was presented before Constituent Assembly and it was decided to preserve them in the National Museum.

 On 14 August 1047, The Fifth Session of the Constituent Assembly of India commenced in the Constitution Hall, New Delhi, at Eleven P. M., Dr.Rajendra Prasad was in the Chair. There were 74 members in the Flag Presentation Committee .Hansa Mehta presented the National Flag to India on behalf of the women of India

Debate on Hindi- National official language

On 14 Sept 1949 Dr Rajendra Prasad while concluding the  debate on Hindi used a  metaphor which is still relevant while dealing with national issues in India , being a country of diversity.

 

 ....."We wanted them to accept Hindi and they accepted it and we wanted them to accept the Devanagari script and they accepted it. They want us to accept a different form of numerals; and why should there be any difficulty in accepting it? It looks like this, if I may give a small metaphor which may amuse. We want some friends to invite us. They invite us. They say, "You can come and stay in our house. We welcome you for that purpose. But when you come to our house, please wear the English type of shoes and not the Indian chappal which you wear in your own house." I should be not very wise to reject the invitation, simply because I do not want to give up my chappals. I would accept the English type of shoes and  accept the invitation, and it is in this spirit of give and take that national problems can be  solved.  .."

Dr Rajendra Prasad  expressed regrets on Saturday, the 26th November,1949  on Constitution of India.

 "... 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."

It is worth mentioning the proceedings of the Constituent Assembly on major decisions relating to Dr Rajedra Prasad  on  24 January 1950

 (1)STATEMENT RE: NATIONAL ANTHEM^*

   Mr. President : " is one matter which has been pending for discussion, namely the question of the National Anthem. At one time it was thought that the matter might be brought up before the House and a decision taken by the House by way of a resolution. But it has been felt that, instead of taking a formal decision by means of a resolution, it is better if I make a statement with regard to the National Anthem. Accordingly I make this statement.

     The composition consisting of the words and music known as Jana Gana Mana is the National Anthem of India, subject to such alterations in the words as the Government may authorise as occasion arises; and the song Vande Mataram, which has played a historic part in the struggle for Indian freedom, shall be honoured equally with Jana Gana Mana and shall have equal status with it. (Applause). I hope this will satisfy the Members."

 (2)ELECTION OF PRESIDENT OF INDIA

     Mr. President: The next item is the announcement of the result of the elections. I call upon Shri H. V. R. Iengar, the Returning Officer and the Secretary of the Constituent Assembly to make the announcement.

     Shri H.V.R. Iengar Returning Officer and  Secretary, Constituent  Assembly) Mr. President, I have to inform honourable Members that only one nomination paper has been received for the office of the President of India. The name of that candidate is Dr. Rajendra Prasad. (Loud and prolonged cheers.) His nomination has been proposed by PanditJawaharlal Nehru (Renewed Cheers) and seconded by Sardar Vallabhbhai Patel (Continued Cheers), Under sub-rule (1) of rule 8 of the Rules for the election of the President, I hereby declare Dr. Rajendra Prasad to be duly elected to the Office of President of India. (Prolonged Cheers).

 (3) SIGNING OF THE HINDI TRANSLATION OF THE CONSTITUTION

     Mr. President : Now there are two things more which remain to be done. One is the authentication or rather the certification of the Hindi Translation of the Constitution. Honourable Members will recollect that this House authorised me by a resolution to get the Hindi translation prepared, and printed and published before the 26th of January. That has been done. The House also authorised me to get translations in other languages prepared, printed and published. That work has not yet been completed; it has been taken up.

     I will ask Shri Ghanshyam Singh Gupta to let me have the Hindi Translation so that I may formally place it before, the House and certify it.

     (The Honourable Shri Ghanshyam Singh Gupta handed over to Mr. President copies of the Hindi Translation of the Constitution. Mr. President then signed them.)

 (4)SIGNING OF THE CONSTITUTION

     Mr. President : The only thing that now remains is the signing of the copy of the Constitution by the Members. There are three copies ready. One is in English completely hand-written and illuminated by artists. The second copy is in print in English. The third copy is also hand-written in Hindi. All the three copies are laid on the table and Members will be requested one by one to come and sign the copies. The idea is to call them in the order in which they are sitting in the House now. But, as the Honourable the Prime Minister has to go on public duty, I will request him first to sign them.

SOMNATH MANDIR,  DR RAJENDRA PRASAD , PT NEHRU AND INDIAN SECULARISM

After the reconstruction was complete, KM Munshi invited the then President Dr Rajendra Prasad to inauguration of the Somnath temple. Nehru did not like the idea of the president visiting Somnath temple for inauguration in 1951.

Nehru wrote a letter to Rajendra Prasad expressing his views on the matter. "I confess that I do not like the idea of your associating yourself with a spectacular opening of the Somnath Temple. This is not merely visiting a temple, which can certainly be done by you or anyone else but rather participating in a significant function which unfortunately has a number of implications," Nehru has been quoted in various reports as having wrote in his letter.

However, Rajendra Prasad disregarded Nehru's objections and decided to attend the ceremony in May, 1951. Prasad's decision to attend the religious function at the Somnath temple as head of the state was also criticised by communist leaders. Rajendra Prasad, on the other hand, responded by stating, "I would do the same with a mosque or a church if I were invited...This is the core of Indian secularism. Our state is neither irreligious nor anti-religious."

 It is relevant to mention the debate dated 27 December 1948 of Constituent Assembly  for the amendment no 1146 standing in the name of  H .V. Kamath. Debates on the  Amendment no 1146 clearly, explicitly and precisely underlines in the meaning of secularism in the India.

Amendment No. 1146, as moved and adopted , was as follows:-

"That in the affirmation or oath in article 49, for the words

 'I, A. B. do solemnly affirm (or swear)',

the following be substituted:-

'In the name of God, I, A. B, do swear'

or alternatively,

'I, A. B. do solemnly affirm'."

 Debate on proposed amendment  was concluded in the words "..India believes in God and therefore the Indian State must remain a State of God. It must be a godly State and not a godless State. This is our meaning of secularity..."

Bharat Ratna (1962)

Conclusion :Bar Council of India is expected that   Advocates Day marking the  birth anniversary of Dr Rajendra Prasad be celebrated in the magnitude and scope not less than Constitution Day.