Amrit Kaal: Time to Revisit The ‘Borrowed’, ‘Colonial’ and ‘Compromised’ Constitution

The historic ‘Purna Swaraj’ proclamation was officially proclaimed on 26 January 1930, ushering in the final phase of India’s liberation movement with the goal of complete independence from British rule. In an article, senior advocate Satyajeet Desai of the Gujarat High Court noted that “constitutional supremacy is and has to be the bedrock upon which the edifice of a democracy rests.” And, the very sacrosanct Indian Constitution begins with the preamble stating: “We, the people of India, hereby adopt, enact, and give ourselves this Constitution.” This only corroborates the fact that we, the citizens of India, that is, Bharat, are higher up in the system, so to speak. In 1938, Jawaharlal Nehru, on behalf of the Indian National Congress, declared that “the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise.” The fact that the Indian Republic’s Constitution is the result of deliberation and codification by a body of unelected representatives of the people means that the drafting committee, in itself, necessitates a retrospective in order to fully comprehend the document and its significance for the Indians. Dr Ambedkar rightly said that “it was created after ransacking the known Constitutions across the world.” Though, in a way, India still does not have its own indigenously drafted Constitution, where the “fundamental principles of established precedents” of the land find solace. As we enter the Amrit Kaal, it’s time India revisited its “borrowed”, “colonial” and “compromised” Constitution.