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It is unwise to dictate what one should read. I would, however, make an exception and make reading of the debates of the Constituent Assembl...

Written by Soli Sorabjee

September 28, 2003 12:00 AM IST

5 min read

It is unwise to dictate what one should read. I would, however, make an exception and make reading of the debates of the Constituent Assembly compulsory for every citizen. Why? Because the debates help us to capture the spirit of those times, to savour the fervour of patriotism which meant placing national interest above self-interest and selfish partisan considerations, not the patriotism which Dr Johnson described as the last refuge of a scoundrel and which is in evidence in abundance today.

The debates on Fundamental Rights evoked some perceptive comments. Damodar Swarup Seth bemoaned that the right to work and the right to receive education were not guaranteed fundamental rights. M Ananthasayanam Ayyangar plaintively asked, 8216;8216;Is there a single word in the Constitution that imposes on the future governments the obligation to see that nobody in India dies of starvation?8217;8217; Happily the Supreme Court has filled these lacunae by its judicial activism.

Debates regarding the fundamental right of minorities to propagate their religion are illuminating. Lok Nath Misra believed that religious propagation had been responsible for the division of the country and urged for deletion of propagation of religion as a fundamental right. On the other hand, Pandit Lakshmi Kanta Maitra justified its retention. Krishnaswami Bharathi also took the same stand and stated that 8216;8216;so far as my experience goes, the Christian community have not transgressed the limits of legitimate propagation of their religious views8230; It is for other communities to emulate them and propagate their own religions as well.8217;8217; T T Krishnamachari urged that every religionist should be given the same right 8216;8216;to propagate his religion and to convert people, if he felt 8230; that it is his duty towards his God and his community.8217;8217;

Munshi told the Assembly that it was on this word 8216;propagate8217; that the Indian Christian community laid the greatest emphasis 8216;8216;not because they wanted to convert people aggressively but because the word 8216;propagate8217; was a fundamental part of their tenet.8217;8217; The broad-mindedness and the spirit of tolerance of the founding fathers is indeed refreshing.

Tempers did run high on occasions. During the debate on official language, TTK angrily complained that 8216;8216;hon8217;ble friends from UP do not help us in any way by flogging their idea of 8216;Hindi imperialism8217; to the maximum extent possible.8217;8217; Azad indignantly retorted that he 8216;8216;was totally disappointed to find out that from one end to the other, narrow mindedness reigned supreme.8217;8217; The arch-protagonist of Hindi, Seth Govind Das, thundered that passing of the Constitution 8216;8216;in a foreign language after the attainment of Independence would for ever remain a blot on us. This is a badge of slavery.8217;8217;

The debates had their lighter side also. Lawyers were a frequent butt of ridicule and sarcasm. Lok Nath Mishra referred to the legal profession as one which 8216;feeds on fat fees and forged facts8217;. H V Kamath moved an amendment for the insertion of the words 8216;in the name of God8217; in the beginning of the Preamble to the Constitution.

Rohini Kumar Choudhary explained that he belonged to the 8216;Shakti8217; cult and argued that 8216;8216;if we bring in the name of God at all, we should bring in the name of Goddess also.8217;8217; The President of the Constituent Assembly, Dr Rajendra Prasad, was not amused.

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The foresight displayed by some founding fathers was remarkable. H V Kamath warned that by the emergency provisions 8216;8216;we are seeking to lay the foundation of a totalitarian state.8217;8217; Mahavir Tyagi prophesied that 8216;8216;many rich and precious lives 8230; will be in danger if this pernicious article is allowed to creep into this Constitution.8217;8217; Dr Ambedkar cautioned the people 8216;8216;not to lay their liberties at the feet of even a great man, or to trust him with powers which enable him to subvert their institution8230; Bhakti in religion may be a road to the salvation of the soul. But in politics, Bhakti or hero worship is a sure road to degradation and to eventual dictatorship.8217;8217; Did these founding fathers anticipate the dictatorship which briefly prevailed in our country during the spurious 1975 emergency?

The concluding speech of Dr Rajendra Prasad on 26th November 1949 is most moving. He declared that 8216;8216;India needs today nothing more than a set of honest men who will have the interest of the country before them8230; The law-giver requires above all to be true to those fundamental things of life, in one word, to have character.8217;8217; Where do we find this rare commodity?

Significant parts of Constituent Assembly Debates need to be translated into all regional languages and distributed widely especially in schools and colleges. Let our youth who dote on Harry Potter and John Grisham have a glimpse of the herculean efforts of the framers of our Constitution, the vision and ideals of our founding fathers.

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