The constituent assembly of India: Primacy of consensus and space for dissent
By: Kumar, Sanjeev
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Material type: 
BookPublisher: Indian Journal of Political Science Description: 85(2), Apr-Jun, 2024: p.279-288.Summary: As India commemorates the 75th anniversary of its constitution, this paper explores the historical foundations and values that shaped the Constituent Assembly of India(CAI) during its mission to create an inclusive and democratic constitutions. the objective of this paper is to demonstrate how the making of the Indian constitution has been a combination of consensus, and dissent within the historical context of the CAI. It begins with India's democratic heritage, drawing parallels with ancient Vedic concepts of Sabha and Samiti, highlighting collective decision-making and a shared consciousness. The paper argues for the deep-rooted nature of democracy in India civilization, persisting through various historical periods, including Buddhism and the Mauryan era which had fore-grounded the commitment to self-governance and collective consciousness which has challenged by the indivisualistic tendencies imposed by British colonial rule, Furthermore, the paper explores the colonial history of law-making, tracing its evolution from the Dewani grant (1768) to Pitt's India Act (1784) and the government of India Act 1858. These legal enactments have in reality laid the foundation of British law-making system against the people of India. But the momentum for the Constituent Assembly started seeding its space since the time of Montague Mission of 1919 and the Irwin Round Table Conference in 1929. Consequently, the Sapru Committee of 1945 rejected partition and paved the way for a unified constitutional body. But a consensual body was formed in 1946 i.e. Constituent Assembly of India. The functioning of the assembly was both consensus and there was enough scope for the dissenting voices as well. At the end this paper concludes by showing how many of the unheard voices had played significant role in shaping the historiography of the Constituent Assembly of India and the making of the Constitution of India.
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Articles
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Indian Institute of Public Administration | Available | AR136329 |
As India commemorates the 75th anniversary of its constitution, this paper explores the historical foundations and values that shaped the Constituent Assembly of India(CAI) during its mission to create an inclusive and democratic constitutions. the objective of this paper is to demonstrate how the making of the Indian constitution has been a combination of consensus, and dissent within the historical context of the CAI. It begins with India's democratic heritage, drawing parallels with ancient Vedic concepts of Sabha and Samiti, highlighting collective decision-making and a shared consciousness. The paper argues for the deep-rooted nature of democracy in India civilization, persisting through various historical periods, including Buddhism and the Mauryan era which had fore-grounded the commitment to self-governance and collective consciousness which has challenged by the indivisualistic tendencies imposed by British colonial rule, Furthermore, the paper explores the colonial history of law-making, tracing its evolution from the Dewani grant (1768) to Pitt's India Act (1784) and the government of India Act 1858. These legal enactments have in reality laid the foundation of British law-making system against the people of India. But the momentum for the Constituent Assembly started seeding its space since the time of Montague Mission of 1919 and the Irwin Round Table Conference in 1929. Consequently, the Sapru Committee of 1945 rejected partition and paved the way for a unified constitutional body. But a consensual body was formed in 1946 i.e. Constituent Assembly of India. The functioning of the assembly was both consensus and there was enough scope for the dissenting voices as well. At the end this paper concludes by showing how many of the unheard voices had played significant role in shaping the historiography of the Constituent Assembly of India and the making of the Constitution of India.
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