BACKDROP
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The Great Britain came to India for their profitable resources, developed themselves quick as lightning, mainly because india was not united. They established their rule in india in 1858. Indian National Congress was founded by British civil servant A O Hume in 1885 to free India from Britain. Before 2nd world war started in 1939, Congress demanded freedom for india, but got refused. Congress organised different movements which resulted in imprisonment.
The 2nd world war (1939-45) by British, against Nazis of Germany was completely destroyed the economy of British. Due to their wholly collapsed economy, non co-operation by Congress through Quit India movement, patriotic upsurge emanated from the peoples, country wide unrest scenario, arrests and violent reactions, intensified Hindu-Muslim violence and revolt in Indian Army against Britishers,,,, they lost their hope to continue their colonial rule and the question of india’s freedom assumed priority.
Hence, on March 15th 1946, the British Prime Minister Clement Attlee, acknowledged india’s right to attain full Independence. The British government sent three-men delegation to India on 24th march 1946 to suggest the ways and means for the smooth transfer of power. This was led by British cabinet minister Sir Stafford Cripps. This mission led by Cripps, after numerous interviews, high level discussions and delicate deliberations with Indian leaders including Dr B R Ambedkar, announced on 16th may 1946 its proposals in which it was suggested that a Constituent Assembly be set up to frame a Constitution for the future governance of india before giving India Independence.
ELECTION FOR CONTITUENT ASSEMBLY
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According to Cripps mission decision, elections to the Constituent Assembly were held in which members were elected by the provincial legislative assemblies. Dr B R Ambedkar, elected for the Constituent Assembly through the Bengal (now Bangladesh) Assembly with the support of members of Scheduled Castes.
FIRST MEETING OF CONSTITUENT ASSEMBLY FOR ELECTING ITS PRESIDENT
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The Constituent Assembly met for the first time in New Delhi to start its work of framing free India’s Constitution on 9th Dec 1946 in the Constitution Hall which is now known as Central Hall of Parliament House.
The Parliament House was decorated elegantly. The Honb’le members sat in Semi -Circular rows facing the Presidential dias. Those who adorned the front row were Pandit Jawaharlal Nehru, Sardar Vallabai Patel, Dr Rajendra Prasad, Dr B R Ambedkar, Acharya J B Kirupalani, Smt Sarojini Naidu, Rajaji, Sarat Chandra Bose, Moulana Abul Kalam Azad etc. Of the 296 eligible members 207 attended. The absentees mainly were Muslim League who had boycotted Constituent Assembly as a protest, demanding a Separate Nation for Muslims. The Constituent Assembly, elected Dr Rajendra Prasad as President of the Assembly.
APPOINTMENT OF DRAFTING COMMITTEE AND ITS CHAIRMAN
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On 29th Aug 1947, the Drafting Committee was Appointed by Constituent Assembly with Dr B R Ambedkar as the Chairman along with Six other members, assisted by a Constitution Advisor. These Members were : (1) Shri K M Munshi (Ex Home Minister Bombay State and later Union Agriculture Minister and Governor of UP) (2) Sir Alladi Krishnasamy Iyer ( Ex Advocate General Madras State ) (3) Shri N Gopalsamy Iyyengar (Ex Prime Minister J&K in British India Cabinet and later Cabinet Minister in Jawaharlal Nehru Ministry) (4) Sir B L Mitter (Ex Advocate General West Bengal) (5) Mohammed Saadulla (Ex Prime Minister Assam in British India Cabinet) and (6) Shri D P Khaitan ( A Renowned Lawyer and Owner of Khaitan & Co, One of the oldest Law Forum in India with more than 500 Law Consultants).
The Constitution Advisor was Justice B N Rau (Judge of Calcutta High Court). Later, Sir B L Mitter resigned and was replaced by Shri Madhav Rao (Legal Advisor of Baroda Maharaja). On Shri D P Khaitan’s place, Shri T T Krishnamachari (Ex Dy Viceroy, Prof and Entrepreneur) was included in the Drafting Committee.
Shri Dhananjay Keer in the authoritative biography “Dr Ambedkar Life and Mission” under the title ‘Modern Manu’ (P-397) describes this historic occasion which took Babasaheb Dr B R Ambedkar to the Top of the ladder of eminence as “An Untouchable who was kicked out from carts and segregated in schools in his boyhood, who was insulted as a professor, and ousted from hotels, hostels, saloons and temples in his youth as a despicable mahar, and who was cursed as a British stooge, despised as a heartless politician and devil, hated as a reviler of the mahatma and decried as an executive councillor, became now the first Law Minister of a free nation and the Chief Architect of the Constitution to define the will, aim and vision of india! It was a great achievement and a wonder in the history of india. India chose, in amends for her age-long sin of Untouchability, her Law-given New Manu and New Smritikar from among a caste which had been dehumanized, demoralized and devitalized for ages. New india entrusted the work of framing her New laws to a man who had a few years before burnt the Manusmriti, the code of the Hindus ! Was it the goddess of Nemisis that played the trick? Or was it a whirligig of time?”
Dr B R AMBEDKAR IN DRAFTING COMMITTEE
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Dr B R Ambedkar played a seminal role in the framing of the Draft Constitution. He used his all experience and knowledge in Drafting the Constitution, in the capacity as the Chairman of the Drafting Committee. He was working almost singly and furiously, with lack of rest and sleep, concentrating his hand, heart and head on the work entrusted to him in spite of his deteriorating health.
In the last week of February 1948, Babasaheb Ambedkar completed the Draft Constitution and submitted it to the President of the Constituent Assembly Dr Rajendra Prasad on 21st February 1948 and thereafter the Draft Constitution was placed before the country for general information and opinion by a gazette notification dated 26th February 1948 (Vol-13 P-127). On 4th November 1948, Babasaheb Ambedkar, Chairman of the Drafting Committee, formally introduced the Draft in the Constituent Assembly. In his speech, Dr Ambedkar gave an overview of the Draft and addressed some controversies that emerged around it.
How he worked and why he was called the Chief Architect of the Constitution can be seen from the speech of Shri T T Krishnamachari (Vol-13 – Foreword) which he made on November 6th 1948 in the Constitution Assembly, saying ” “The House is perhaps aware that of the seven members nominated by you, One had resigned from the House and was replaced. One had died and was not replaced. One was in America and his place was not filled up, and another person was engaged in state affairs, and there was a void to that extent. One or Two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that burden of this Constitution was fell upon Dr Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.”
On 15th November 1948, the Constituent Assembly took up Article by Article, all the provisions of the draft for debate and discussion. While deliberating upon the Draft Constitution, the Constitution Assembly moved, discussed and disposed of as many as 2474 amendments out of 7635 tabled. The process went up till October 17th 1949 after which, the Drafting Committee revised the Draft Constitution based on the decisions of the Constituent Assembly and produced a Second Version on 14th November 1949 which it put to the Constituent Assembly for another reading.
The Constituent Assembly took almost 3 years (2y -11m -18d) to complete its historic task of Drafting the Constitution for Independence India. During the period, it held 11 sessions covering a total of 165 days of these 114 days were spent on the consideration of the Draft Constitution. The Draft was finally adopted by the Constituent Assembly on 26th November 1949 as the Constitution of India. This Day was formerly Known as Or Called as or Celebrated as Lawyers Day or Law Day.
Indian Constitution Drafted by Dr B R Ambedkar is a very detailed Constitution. It consists of 395 Articles divided into 22 Parts with 12 Schedules. Additional Articles and Parts are inserted later through various amendments. Since it’s adoption in 1949, it has been amended for 104 times.
CONSTITUTION DAY OF INDIA (SAMVIDHAN DIVAS)
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With this background, the
Govt of India declared 26 November as Constitution Day of India on 19th November 2015 by a Gazette notification. The Prime Minister of India Shri Narendra Modi, made the decision on 11th October 2015 while laying the foundation stone of Dr B R Ambedkar’s Statue of Equality Memorial at Dadar in Mumbai. The year of 2015 was the 125th Birth Anniversary of World Intelectual Dr B R Ambedkar, who had Drafted the Constitution of India, and played a pivotal role as Labour Member in British india Cabinet and later Law Minister in free India. Since then Constitution Day (Samvidhan Divas) is Celebrated in India on 26th November every year to commemorate the adoption of Constitution of India.
WHAT IS GOING ON AT PRESENT
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70 years ago, We framed a Constitution and founded a Republic with a preamble containing all the contents or salient features of the Constitution. The Constitution of India is considered as a Distinctive Constitution around the globe. It is the Largest written liberal democratic and of the Best in the World. Since its adoption, the Constitution of India has been efficaciously guiding the path and development of india.
But in recent days, attacks on Constitution are in increase, and is under severe threat. Very particularly, after farming of the present govt, Various fundamental rights such as right to equality, right to freedom of speech, right to freedom of religion, freedom for press, independent functioning of the Constitutional bodies like Election Commission, SC/STs Commission, other autonomous bodies viz CBI, Income Tax, Enforcement, highly respected Constitutional posts, Parliamentary Democracy, States powers and rights are in grave danger. The govt make them to act on to them whims and fancies out of peer pressure. Education, Govt Jobs and Special Welfare Schemes for SC/STs are about to be finished.
Courts of all layers are under political pressure. The delivery of verdicts are, mostly against SC/STs or biased. The Hon’ble Supreme Court of India held that Reservation in Promotion or even in Appointment is not a fundamental right. The Hon’ble Supreme Court again diluted the SC/ST POA Act, saying ‘Insults done to SC/STs within four walls will not amount to discrimination and SC/ST POA Act will not apply in such incidents’. Further, right to move Hon’ble Supreme Court of India by affected individuals under Article-32, which Chief Architect of Indian Constitution Dr Ambedkar said “Heart & Soul of the Constitution” is now violated, or discriminated by Hon’ble Supreme Court of India for political reasons. For an example,We can quote the release of Journalist Siddique Kappan (arrested and detained while going to Hathras for fact finding in gang rape case of a Dalit girl) and Arnab Goswamy (Editor of ruling party support Republic TV Channel). Hon’ble Supreme Court of India denied justice or remedy to Kappan under Article-32 whereas granted bail to Arnab Goswamy under same Article. The Hon’ble Supreme Court of India is proposing the most dangerous step to cut down the Article-32 which is the soul of the Constitution.
Furthermore, the Conspiracy is going on to change the Constitution and it is suspicious that a Secret Draft is also ready or being prepared with Hindutva concept against our preamble of india or social justice. The religious unrest and violences are increased and fanatically justified in the name of majority which is totally against India’s secularism.For Example, We can citate present illogical Vel-Yatra which is unlawful and totally against Constitution.
Babasaheb says, “However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good”. These golden words of Our Saviour are perfectly matching with the present scenario.
CONCLUSION
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“As long as the Constitution exists Ambedkarism will remain as an integral part of the constitution” says Justice M N Rao (Ex Chief Justice High Court of HP) in his book “Ambedkarism and Its Impact on the Constitution of India”
“This is a govt that is bent on destroying the Constitution. Another Ambedkar is not going to come and save it now. We must save the Constitution of India from the followers of Manusmriti. There is a conspiracy to finish the Constitution” says Savitribai Phule, a former woman MP and Young Leader of ruling BJP, soon after quitting from the BJP for their Anti Dalit and manuvatis politics.
(The Citizen 7 Dec 2018)
Kindly go through these two quotes delivered by Justice M N Rao and Former MP Ms Savitribai Phule. At present time, we cannot simply ignore these two statements. First one tells about the salient features of the Constitution which is mixing of Ambedkarism and necessities of its existence. Second one gives Severe Caution about Manuvati’s Hindutva Theory and its implications.
Therefore, We must strive to protect and preserve foundation ethics of Justice, Liberty, Equality and Fraternity as enshrined in the Constitution by our Babasaheb and must not give room for Manuvatis for their extreme level Hindutva Concept and for Murder of Democracy and Social Justice.
Let’s Celebrate the Constitution Day on 26-11-2020 to promote Constitution values and take a pledge by reading the preamble and save one of the world Best Constitution drafted and given by Bharat Ratna, the Number one Scholar in the World, Ever Signing Intelectual Dr Babasaheb Bhimrao Ramji Ambedkar.