Illustrations of the culture of India in the Original manuscript of Constitution of India

 

Surya Pratap Singh Rajawat, Advocate

Rajasthan High Court , Jaipur

 

Constituent Assembly  and   illustrations  of the culture of India  in the

Original  manuscript of  Constitution of India

 

Keywords: Constituent Assembly Debates, The Indian Independence Act, 1947, Swaraj, Suraj, calligraphy ,artistic decoration and printing of the original authoritative copy of the Constitution of India, original manuscript, culture of India ,Undivided India,Prem Bihari Narain Raizada, Vasant Krishna Vaid, Acharya Nandlal Bose,Mohanjodaro seal, Vedic Gurukul, Ramayan, Mahabharat-message of Geeta, Buddha, Mahaveer, Ashoka, statue of  Nataraj, Vikramaditya court, Nalanda University , penance of Bhagirath for the Ganga , Akbar, Shivaji, Guru Gobind Singh, Rani Laxmi Bai, Tipu Sultan, Mahatma  Gandhi , Bharat Mata, Netaji Subhash Chandra Bose .

 

Abstract: Illustrations of the culture in the original authoritative copy of the Constitution of India is the base for understanding the culture and   civilization  of India. There is an attempt  by the Constituent Assembly members to convey message for the future generation of India. As a matter of fact  it is  microcosm of the civilization of India from Harrapa Civilization to modern times in the form of Mahatma Gandhi  and Neta Ji Subhash Chandra Bose.Also it conveys that the cultural values of the oldest civilization on earth  can be best understood as Dharma. Each illustration represents Yugadharam of that era. Indeed, it is the embodiment of change with continuity.

 

Aspiration of the Constituent Assembly was reflected ,first time, in  Swaraj Bill 1895 moved by Bal Gangadhar Tilak in the form of Fundamental Rights. Demand was repeated in  Anne Besant's  Commonwealth of India Bill, finalized by National Convention of Political parties in 1925,by Motilal  Nehru Committee in 1928 and at the Karachi session of the Indian national congress in 1932. M N Roy,an advocate of radical democracy, categorically  and officially called for the pressing need of Constituent Assembly in  1934, and Tej Bahadur Sapru in 1944-45 .Cabinet Mission Plan 1946 provided for the formation of Constituent Assembly through election.

 

The Assembly could abrogate or alter any law made by the British Parliament applying to India ,including the Indian Independence Act(1) itself. Constituent Assembly was entrusted of dual functions of Constitution Making and Law Making.First session of the Assembly  was held on  December9, 1946   in constitution hall now the Central Hall of the Parliament of India. Session was chaired by Sachchidananda Sinha ,the oldest member, as per the French practice . Dr. Sinha read out the goodwill messages received from different countries. After the Chairman's inaugural address and the nomination of a Deputy Chairman, the members were formally requested to present their credentials. The First Day's  proceedings ended after all the 207 members present submitted their credentials and signed the Register. Seated in the galleries, some thirty feet above the floor of the Chamber, the representatives of the Press and the visitors witnessed this memorable event. The All India Radio, Delhi broadcast a composite sound picture of the entire proceedings. On December11, 1946 Dr Rajendra Prasad  was elected chairman of the Assembly  and H C Mukharjee as the Vice Chairman of the Assembly. During the first session  Shri Raghunath Vishnu Dhulekar  demanded that  proceedings of the Constituent Assembly be   in Hindi language(1.2).Thereafter rules were amended and proceedings of the Assembly were allowed to be conducted in Hindi, Urdu and English

 

Sir Benegal Narsing Rau ,who became the first Indian Judge in International Court of Justice and also helped draft the Constitution of Burma in 1947,was appointed  Constitutional Advisor to Constituent Assembly .Sir Rau referred  not less than sixty Constitutions of the world for the purpose of making the draft of the Constitution of India. He was not member of the Constituent Assembly  because of the unwritten ethical policy that no two family members shall be the members of the  Constituent Assembly. Shiva Rau ,his brother,  was member of the Assembly. The draft was submitted by Sir B N Rau in English in  Oct 1947 before sixth session of the Assembly. The draft was in English. The draft Constitution was considered by the Drafting Committee  consisting of seven members, set up on August29 1947, chaired by Dr B R Ambedkar  for 114 days. The Constituent Assembly appointed various 22 committees to deal with different tasks of the Constitution-making. 

Jawahar Lal Nehru moved the historic "Objective Resolution" in the Assembly on December 13, 1946(2) its modified version forms the Preamble of our Constitution. Preamble starts with "We, the people of India"... with the goal of ensuring constitutional autochthony.  

 During fourth session on July22, 1947, National flag was adopted by the Assembly.For fifth session on  August14, 1947   first agenda was singing of Vande Mataram by Sucheta Kriplani. On  August15, 1947 divided India came into existence on the "appointed day" despite the opposition of partition of  by  Sri Aurobindo , Dr K. B. Hedgewar and  M. K. Gandhi  .Broadcast of the message of Sri Aurobindo on the request of All India Radio from Tiruchirapalli ,on the eve of Independence, clearly mentions that partition of India was not accepted  and he expressed his resolution of undivided India for the progress of India and the world.

 It is worth mentioning the history of idea, aspiration and word Swaraj  from the Autobiographical Notes of Sri Aurobindo: "The word Swaraj was first used by the Bengali- Maratha publicist, Sakharam Ganesh Deuskar, writer of Desher Katha, a book compiling all the details of India’s economic servitude which had an enormous influence on the young men of Bengal and helped to turn them into revolutionaries. The word was taken up as their ideal by the revolutionary party and popularized by the vernacular paper Sandhya edited by Brahmabandhab Upadhyaya; it was caught hold of by Dadabhai Naoroji at the Calcutta Congress as the equivalent of colonial self-government but did not long retain that depreciated value. Sri Aurobindo was the first to use its English equivalent “independence” and reiterate it constantly in the Bande Mataram as the one and immediate aim of national politics"(3).

 

At the suggestion of Prof. K. T. Shah the question of calligraphy and artistic decoration and printing of the original authoritative copy of the Constitution of India was taken. up. It was decided that the work should be started as early as possible and calligraphy should be completed by the 20th January, 1950 and the work of illumination  and decoration of the calligraphed pages may continue even after that date till it is completed. Copy of Constitution of India in English was handwritten by  Prem Bihari Raizada Saxena  and in Hindi the work of calligraphy was done by Vasant Krishna Vaid.

 

The matter to be calligraphed consisted of about 300 pages of 6½" x 9½", each page containing about 40 lines. It was also proposed to use parchment paper of the size of 14" x18" and a margin of 2½" was to be left at the top and the sides for illumination  work and of l½" at the bottom. The rest of the space in the middle of the sheet was to be covered by the calligraphist. The cover was to bear the seal and emblem of the Union with a description in general and concise terms of the contents of the manuscript. . At the suggestion of Krishna Kriplani the President - Dr Rajendra Prasad Ji wrote to Acharya Nandalal Bose of the Shantiniketan asking if he would undertake the work of supervision and decoration and illumination  of the calligraphed authenticated copy of the Constitution. Acharya Nandalal Bose agreed to the President's  request but suggested that it would not be possible to make designs based on historical subjects as suggested by the President, owing to shortage of space in the margin, and in the alternative agreed to make ornamental designs covering the whole period of Indian civilization. A decision was also taken to Photoprint the calligraphed Constitution bearing signatures of Members at the end.(4)

 

The Vedic period is represented by a scene of gurukula .Sri Aurobindo writes on Veda "At the root of all that we Hindus have done, thought and said through these many thousands of years, behind all we are and seek to be, there lies concealed, the fount of our philosophies, the bedrock of our religions, the kernel of our thought, the explanation of our ethics and society, the summary of our civilisation, the rivet of our nationality, a small body of speech, Veda. From this one seed developing into many forms the multitudinous and magnificent birth called Hinduism draws its inexhaustible existence. Buddhism too with its offshoot, Christianity, flows from the same original source. It has left its stamp on Persia, through Persia on Judaism, through Judaism, Christianity and Sufism on Islam, and through Buddha on Confucianism, and through Christ and mediaeval mysticism, Greek and German philosophy and Sanskrit learning on the thought and civilisation of Europe. There is no part of the world's spirituality, of the world's religion, of the world's thought which would be what it is today, if the Veda had not existed. Of no other body of speech in the world can this be said."(5)

 

The epic period by a visual of Lord Sri Rama,  Mata Sita and Lakshmana returning homeward .The  philosophical base of India in found in the Ramayan, Sri Aurobindo writes "The distinction that India draws is not between altruism and egoism but between disinterestedness and desire. The altruist is profoundly  conscious of himself and he is really ministering to himself even in his altruism; hence the hot & sickly odour of sentimentalism and the taint of the Pharisee which clings about European altruism. With the perfect Hindu the feeling of self has been merged in the sense of the  universe; he does his duty equally whether it happens to promote the interests of others or his own; if his action seems  oftener altruistic than egoistic it is because our duty oftener coincides with the interests of others than with our own. Rama’s duty as a son calls him to sacrifice himself, to leave the empire of the world and become a beggar& a hermit; he does it cheerfully and unflinchingly: but when Sita is taken from him, it is his duty as a husband to rescue her from her ravisher and as a Kshatriya to put Ravana to death if he persists in wrongdoing. This duty also he pursues with the same unflinching energy as the first. He does not shrink from the path of the right because it coincides with the path of self-interest. " (6)

 

The epic period by a visual of another of Lord Yogeshwar Krishna propounding the Gita to Arjuna on the battlefield. Sri Aurobindo writes on  the  Mahabharata "The Pandavas also go without a word into exile & poverty, because honour demands it of them; but their ordeal over, they will not, though ready to drive compromise to its utmost verge, consent to succumb utterly to Duryodhana, for it is their duty as Kshatriyas to protect the world from the reign of injustice, even though it is at their own expense that injustice seeks to reign. The Christian & Buddhistic doctrine of turning the other cheek to the smiter , is as dangerous as it is impracticable. The continual European see-saw between Christ on the one side and the flesh  &the devil on the other with the longer trend towards the latter comes straight from a radically false moral distinction & the lip profession of an ideal which mankind has never been either able or willing to carry into practice. The disinterested & desireless pursuit of duty is a gospel worthy of the strongestmanhood; that of the cheek turned to the smiter is a gospel for cowards & weaklings. Babes & sucklings may practise it because they must, but with others it is a hypocrisy."(7)

 

Then there are depictions of the lives of the  Lord Buddha and Bhagwan Mahavira, followed by scenes from the courts of Ashoka and Vikramaditya and also the scene of tapsya of Bhagirath for the descent of Ganga. Orissan sculpture  and image of Nataraj reflect the art aspect ; scene of  ancient university (Nalanda) along with other great figures of our history who are represented are Akbar, Shivaji, Guru Gobind Singh, Tipu Sultan, and Lakshmibai.

 

The freedom movement is delineated by line drawings of Mahatma Gandhi’s Dandi march .Gandhiji's  weapons of non cooperation, swadehi and  boycott were inspired by doctrine of passive resistance as enunciated by Sri Aurobindo  in 1907.Sri Aurobindo writes "The first principle of passive resistance, therefore, which the new school have placed in the forefront of their programme, is to make administration under present conditions impossible by an organised refusal to do anything which shall help either British commerce in the exploitation of the  country or British officialdom in the administration of it, – unless and until the conditions are changed in the manner and to the extent demanded by the people.. This attitude is summed up in the one word, Boycott"(8)  "The second canon of the doctrine of passive resistance has therefore been accepted by politicians of both schools – that to resist an unjust coercive order or interference Iit s not only justifiable but, under given circumstances, a duty".(9)  "We must therefore admit a third canon of the doctrine of passive resistance, that social boycott is legitimate and indispensable as against persons guilty of treason to the nation"1."Our defensive resistance must therefore be mainly passive in the beginning, although with a perpetual readiness to supplement it  with active resistance whenever compelled"( 10)

 

The freedom movement is delineated by line drawings of Netaji Subhas Chandra Bose and other patriots trying to liberate Mother India (in Hindi Bharat Mata) from outside India.

 

Calligraphed copy of the Constitution of India   was presented to Dr Rajendra Prasad on May3, 1949 . The Constitution of India was adopted on November26, 1949.24 January 1950 has historical significance.First, decisionwas taken by Constituent Assembly  that Jan Gan Man shall be the National Anthem and Vande Mataram shall be given equal respect and place . Second, Hindi translation of the

 

Constitution of India was certified by Dr Rajendra Prasad. Third, election of the first President of India.Lastly,signing of the copies of the Constitution of India in Hindi and English containing the illustrations of the culture of India.(11)  There are 282 signatures in Hindi copy and 278 in English copy. The provisions relating to citizenship, elections, provisional Parliament, temporary and transitional positions were given immediate effect on  Nov26 ,1949. While the rest of the Constitution came into force on the Jan26 , 1950. And this date is referred to in the Constitution as the "date of its Commencement". Constitution of India had 395 Articles in 22 Parts and 8 Schedules at the time of commencement. On that day when the Constitution was being signed, it was drizzling outside and it was interpreted as a sign of a good omen.

 

The Constituent Assembly  continued as  the provisional parliament of India from  January 26 1950 till the formation of new Parliament after the first general elections in 1951-52. Article 394 A (inserted by Fifty Eighth Amendment w.e.f.09.12.1987 ) provides for Authoritative text in Hindi  . Authoritative text in Hindi  was published in Official Gazette on  August23, 1988. Now Constitution of India is available in 15 languages.

 

 Kesavananda Bharati case(12)  in which Basic Structure Doctrine was laid down ,every citizen has right to have access to copy of  full  Constitution depicting the photolithography covering the culture of India which forms the soul of the culture of Great India

 

 Article 1 of the Constitution of India states that India, that is Bharat, shall be a Union of States ; illustrations of the culture  in the original handwritten Constitution of clearly  ,explicitly and integrally explains what is Bharat- integration, assimilation and synthesis of values of present times in light of guiding principles of Sanatan values of Bharat

                                                                         

 The Supreme Court of India has, in the Kesavananda case(13) , recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. In the 1995 case of Union Government Vs LIC of India (14)also, the Supreme Court has once again held that Preamble is the integral part of the Constitution.On the same lines it is not irrational and unconstitutional to use the illustrations of the culture of India  in the original handwritten Constitution of India  to interpret ambiguous areas of the constitution where differing interpretations present themselves

The word Secularism was inserted without any clear and concise definition ,wrecking havoc in the form of conflicting definitions . That illustrations of the culture  of India  in the original handwritten Constitution of India  clearly  ,explicitly and integrally explains what is  Secularism in India as envisaged by the honorable members of the Constituent Assembly .This clearly explains that Secularism of India is different from the western Secularism. it is very disappointing that in the name of secularism  the civilizations of India has been often not taught and discussed in schools and college . This citizen of India feels that illustrations of the culture of India  in the original handwritten Constitution of India  provides guidelines to the school curriculum making one chapter mandatory on various topics of photolithography.

 

The illustrations of the culture of India  in the original handwritten Constitution of India explicitly and integrally incorporates all the Fundamental Duties and shall go a long way in inculcating the values of   citizenship  will go a long way in upholding the Constitutional Morality as discussed by Dr Ambedkar .Nationalism in form of Spiritual nationalism was unanimously accepted by the honourable members of constituent Assembly  in form of Bharat Mata  as found in the  illustrations of the culture of India  in the original handwritten Constitution of India  will go a long way in upholding the Constitutional Morality as discussed by Dr Ambedkar  .Hence it can be said that had this been open secret today India would not have seen the anti- national slogans  in education institutions like JNU New Delhi etc.Member of  Parliament would not have said "where is Bharata Mata written in the Constitution of India"

The illustrations of the culture of India  in the original handwritten Constitution of India  clearly  ,explicitly and integrally highlights the basic structure of the civilisation of India and the history of India.It forms a litmus test to prevent the politicisation of education. It represents the microcosm of the civilisation of India where it clearly lays down the principles of SWARAJ and SURAAJ .The ideals of the freedom struggle from Britishraj.

It underlines the integral idea of Violence and Non Violence to  uphold and protect the sovereignty, unity and integrity of India. It underlines the change with continuity from Vedic period to 20th Century.It reiterates the aspirations of Swami Vivekanand and Sri Aurobindo that India to lead the world as Vishwguru,It underlines  profound vitality, strong mental faculties  and spirituality at the centre-reminding the glorious past and  bright promised  future of India. Strongly feeling the significance of the  Illustrations of the civilization in the original authoritative copy of the Constitution of  India ,this author has requested the Government of India  that all the Bare Acts of the Constitution of India must not  be allowed to be  published without the photographs/designs  as  found in the Original handwritten Constitution of India duly signed by the Honorable members of the Constituent Assembly

 

Conclusion: Illustrations of the culture in the original authoritative copy of the Constitution of India is the base for understanding the culture and   civilization  of India .Government of India  must  issue directions that all the Bare Acts of the Constitution of India must not  be allowed to be  published without the photographs/designs  as  found in the Original handwritten Constitution of India duly signed by the Honorable members of the Constituent Assembly  India  must  issue directions that all the Bare Acts of the Constitution of India must not  be allowed to be  published without the photographs/designs  as  found in the Original handwritten Constitution of India duly signed by the Honourable members of the Constituent Assembly

 

(1) The Indian Independence Act, 1947

(2) Constituent Assembly Debates of India  December 9, 1946 Loksabha Secretariat 2014 Sixth Reprint

(3)Vol36, Complete Works Sri Aurobindo 71; Sri Aurobindo Ashram Publication Department 2006

(4)Brief note on the calligraphy of the Constitution of India ; Parliament Secretariat June 1950

(5)  Sri Aurobindo Archives  and Research April 1977 Volume I; No 1

 (6)Vol 01,Complete Works Sri Aurobindo 236 ;Sri Aurobindo Ashram Publication Department 2003

(7) Vol 06-07 Complete Works Sri Aurobindo 281 Sri Aurobindo Ashram Publication Department 2002

(8) Vol06-07 Complete Works Sri Aurobindo 292 Sri Aurobindo Ashram Publication Department 2002

(9)Ibid p.292

(10)Ibid p301

 (11)Constituent Assembly Debates, 24 January 1950 Loksabha Secretariat 2014 Sixth Reprint

(12 )His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala& Anr.(1973) 4 SCC 225)

(13)Ibid

(14) LIC of India and Ors v. Consumer Education and  Research Centre 1995 AIR 1811, 1995 SCC (5) 482

 

 

 

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