A tale from the banks of Ganga:-
Winters are extremely hectic for Sushma Patel, a vegetable grower in Uttar Pradesh’s Chunar town. Her farm is in the fertile plains of Ganga where people grow three crops a year. But this is the only season when she can grow vegetables. And before that, she needs to manually dig out shreds of plastic and wrappers from her one-hectare (ha) farm. “This is all because of the nullah,” she says, pointing at an open drain that runs through her field, carrying sewage from the neighbourhood to the Ganga. “Every monsoon, the drain overflows and inundates the field with a thick, black sludge and plastic debris. We cannot even go near the field as the stench of sewage fills the air,” she says. But Patel has no one to complain to as this is the way of life for most people in this ancient town.
About 70 per cent of the people in Chunar depend on toilets that have on-site sanitation, such as septic tanks and pits. In the absence of a proper disposal or management system, people simply dump the faecal sludge and septage in storm water drains running across the town. These 27 drains eventually discharge the untreated sewage into the Ganga and its tributary, the Jargo. On the way, they contaminate the groundwater and farmlands.
Such rampant discharge of untreated sewage into the Ganga prompted the National Green Tribunal (NGT) to issue show cause notices on May 18, 2016, to Chunar and four other municipalities —Mirzapur, Bhadohi, Fatehpur and Hastinapur—in Uttar Pradesh. NGT had asked the municipa lities to submit their plans to prevent untreated sewage flowing into the river.
Officials are since scrambling to abate the flow of sewage into the Ganga. “We have identified 10 ha along the Ganga to set up a sewage treatment plant (STP) with a capacity of treating 8 million litres of sewage a day (MLD). At present, Chunar generates 6 MLD of domestic sewage which goes directly into the river untreated,” says Shamsher Singh, sanitation inspector of Chunar Municipal Corporation. “We also plan to set up pumping stations at four places. These will intercept the drains and send the sewage to the proposed STP,” Singh says. But there is a problem. The town is surrounded by hills, which makes transportation of sewage to the proposed STP difficult. For instance, a huge drain passes through Aawas Colony, located at the foot of a hill. The municipal council plans to set up a pumping station along the drain. But it is not sure whether the station will be able to pump the sewage across the hill to the proposed STP.
Chunar, Mirzapur, Bhadohi, Fatehpur and Hastinapur are not the only towns along the Ganga struggling to manage their faecal load. Researchers with Delhi-based non-profit Centre for Science and Environment (CSE) say a major portion of the sewage generated by all the settlements along the 2,500-km-long bank of the Ganga ends up in the river—without any treatment.
The sheer volume of the untreated sewage flowing into the Ganga can be gauged from the fact that 25 per cent of the 400 million people living along it depend on on-site sanitation; there are at least 18 million septic tanks and 10 million pit latrines around the main stream of the Ganga, according to the Census 2011. More often than not people dispose of faecal sludge from these tanks and pits without any treatment.
The Report:-
A report on the pollution load in the Ganga, prepared by the Central Pollution Control Board (CPCB) in 2013, states that more than 6,087 MLD of wastewater flows into the Ganga from 138 drains. Experts say domestic sewage is a major constituent of this wastewater. The five states through which the main stream of the Ganga flows— Uttarakhand, Uttar Pradesh, Bihar, Jharkhand and West Bengal—have the capacity to treat only 1,208 MLD of sewage. Not to mention the Ganga is also a receptacle of 501 MLD of industrial wastewater.
The situation is only going to get worse with the implementation of Swachh Bharat Mission, the flagship programme of the Union government that aims to achieve an open defecation-free India by October 2, 2019. Under the mission, the government plans to construct 1.52 million toilets in rural areas along the Ganga and 1.45 million toilets (this includes private and public toilets) in cities that dot the river banks. These toilets will be built with four on-site sanitation technologies—septic tank, twin pits, biotoilet or biodigester.
This means by 2019, over 30 million tanks or pits would have been dug along the Ganga.
A back-of-the-envelope calculation by CSE shows these tanks and pits will produce 180 MLD of faecal sludge and septage. In the absence of a proper management system, this waste will eventually find its way into the Ganga. Pollution concentration in 180 MLD of septage is equivalent to that of 6,000 MLD of sewage.
The finding of CSE is alarming because the impact of the increasing number of toilets with- out any provision to treat the sludge is palpable across the Ganga. The level of faecal coliform, which indicates the extent of excreta in water, is increasing in the Ganga, and goes beyond the acceptable limit as the river crosses Kanpur in Uttar Pradesh, states the CPCB report. “High coliform levels make the water unsuitable for bathing and drinking,” says Javier Mateo Sagasta, senior researcher with the International Water Management Institute (IWMI), India.
“Unfortunately, faecal sludge and septage management do not find a mention in sanitation programmes like Swachh Bharat Mission,” says Suresh Kumar Rohilla, programme director of urban water management unit at CSE.
The load of faecal sludge and septage from millions of toilets, which are being installed along the Ganga under Swachh Bharat Mission, may defeat the government’s ambitious Namami Gange (National Mission for Clean Ganga).
Though the mission has identified varied projects, right from modernisation of ghats to construction of toilets and STPs in 118 target towns and cities, to arrest pollution in the river, it too gives faecal sludge and septage management a miss. “We plan to set up STPs to take care of sewage as well as faecal sludge,” says Shashi Shekhar, secretary with the Union Ministry of Water Resources, River Development and Ganga Rejuvenation. As of now, Namami Gange focuses on treatment of sewage, that too only from class-1 cities (that have over 100,000 population).
So far, the Atal Mission for Rejuvenation and Urban Transformation (AMRUT) is the only programme that requires cities to submit sewage and septage management plan. But it fails on two counts. First, AMRUT is restricted to class-1 cities. Second, it monitors urban local bodies’ performance based on their sewerage coverage. This discourages the authorities to prepare septage management plan.
“All Central, state and local programmes should recognise faecal waste management as a priority action area along the ongoing efforts to achieve healthy and clean cities in the Ganga basin,” says Rohilla. This is particularly important because a survey of cities along the Ganga shows that the authorities have miserably failed to manage their faecal waste.
Between October and November, CSE researchers visited 10 small- and medium-sized cities in Uttar Pradesh, Bihar and West Bengal that provide a snapshot of settlements across the Ganga basin. And the findings are startling. Of the 10 town and cities surveyed, only two (Ramnagar and Bijnor) have sewer lines. But they defeat the purpose as the authorities are yet to set up STPs. At least 60 per cent households in all the 10 towns and cities have toilets with on-site sanitation. But faecal sludge from these facilities are randomly dumped in vacant land, open drains, landfills and near water bodies. In West Bengal’s Bansberia and Bongaon cities, the authorities are in a fix. Almost all households in these cities have built toilets under Swachh Bharat Mission. “We have no idea how to dispose of the enormous volume of sludge these tanks and pits will produce in the coming years,” says Jagabandhu Saha, an official with Bongaon municipality.
Te tale of Lose-lose situation:-
In Uttar Pradesh’s Ramnagar town, 60-70 per cent households are connected to the sewer lines. Between November and June, when people in the region grow wheat, the irrigation department diverts the untreated sewage to farmers after diluting it. In fact, the irrigation department has set up a sewage pumping station and laid pipelines for this purpose. The urban local body has a vacuum tanker for cleaning out the septic tanks and pits. But it has been used only five to six times in two years as most septic tanks are inaccessible and emptied manually. More often than not, the faecal sludge is dumped in nearby fields and low-lying areas, from where it finds its way into the Ganga.
The situation is similar in the state’s Gangaghat town. Since the only vacuum tanker owned by the urban local body is too big to enter the narrow lanes, people contact private septage haulers from Kanpur. Residents say the tankers on their way back dump the untreated sewage at Railway Khanti, a low-lying area, or in the Chamak Ganga, a tributary of the Ganga whose flow has now been blocked due to construction activities. Years of dumping of faecal sludge has turned Railway Khanti and the Chamak Ganga into sewage pools.
Census 2011 states that some parts of Chunar are connected to sewer lines, but CSE researchers could not find any.
In Bijnor, people depend on five private septage haulers for emptying the tanks. Farmers have tied up with these tankers to provide them sludge, which they use as manure. The town is now shifting towards managing faecal waste in a centralised manner. The authorities have laid sewer lines and are setting up an STP. “Pollution in the Ganga can be fixed only through effective management of STPs,” says I P Singh, executive officer of Bijnor urban local body, adding that small STPs are cost-effective and efficient.
In Bihar’s Katihar and Buxar cities, municipal corporations provide vacuum tankers to clean out the septic tanks, but their responsibility ends there. The vacuum tanker of Katihar dumps the faecal sludge in a landfill at Udama Rakha. Since the landfill does not have a protective lining to check percolation of leachate, septage increases the risk of groundwater contamination. In Buxar, the vacuum tanker dumps the faecal sludge in open drains or on vacant land in nearby Darapur and Ahrauli villages.
When CSE researchers visited Bodhgaya, sewer lines were being laid in the town. But since households are yet to be connected to the network, its urban local body continues to clean the septic tanks and dump the septage on agricultural fields, often without the consent of the farmer.
Though Bongaon is likely to achieve open defecation-free status by the end of December 2016, people here have constructed large pits instead of septic tanks. This increases the risk of groundwater contamination with faecal matter. The municipa lity dumps septage in landfills, located next to a pond. This heightens the contamination risk of both groundwater and surface water.
In two of the cities surveyed, efforts are under way to manage the faecal sludge. Consider Bihar’s Muzaffarpur city. Most households here have toilets with on-site sanitation, and a fertiliser company is cashing in on it. Sona Ganga Fertilizers procures about 8 per cent of the septage from Muzaffarpur. It then dries and composts the waste and sells the biocompost to farmers.
A similar initiative is under way in Bansberia in partnership with the municipality. The municipality collects septage from 47 per cent of its households and transports it to the faecal sludge treatment plant (FSTP), set up under public-private partnership in 2006. A private company, Greenery Biocompost and Animal Farming, which runs the FSTP, recycles the sludge and converts it into biocompost. The company sells 50 kg of the biocompost for Rs 850.
These initiatives show the economic value of faecal sludge and septage, which can be converted into soil conditioners, unlike sewage. In the process, they create employment and encourage resource recovery and recycle. But in the absence of funding, guidelines and expertise, most urban local bodies turn a blind eye to the potential of faecal sludge and septage.
There is enough evidence to show that faecal sludge and septage management (FSSM) is not only economical as compared to centralised sewerage system but can also be implemented quickly to make cities clean and healthy.
IWMI’s recent study analyses the cost of faecal waste management in all 2,367 cities in the five states along the Ganga. It says effective management of faecal sludge and septage generated in these cities will cost US $2.8 billion (about Rs 18,900 crore), whereas laying sewerage networks and STPs will cost six times more—a whopping $17.4 billion (about Rs 117,400 crore). Besides, installing the sewerage system takes seven to eight years, whereas setting up an FSTP takes one to two years.
Sewerage system is also resource intensive. Unlike septic tanks, sewer networks involve large amounts of water. It can be laid by only those cities that supply 135 litres per capita a day—a dream for even most class-1 cities. “Using water to flush faecal matter is just a waste of precious resource,” says Rohilla. Since sewerage systems require electricity for pumping sewage to running STPs, they are not reliable in small towns and cities that face frequent power outages. On the contrary, FSTPs require little electricity as most are based on natural systems (see ‘Triple bonanza’).
| Triple bonanza
Faecal sludge management is not only cost-effective but also generates livelihood opportunities. Some technologies do not even require electricity Black soldier fly larvae: The technology uses larvae of a benign fly species, Hermetia illucens, to feed on the faecal matter. As the larvae grow and proliferate, they drastically reduce the volume of the waste within a couple of days and convert the dangerous pit material into a potentially useful soil conditioner or fertiliser. Once the larvae attain the prepupae stage, they can be harvested, processed to remove any possible pathogens and sold as animal feed. Because of high fat and protein content, there is an increasing demand for these animal feed. The technology is gaining ground in South Africa’s Ethekwini municipality. The country, which launched a sanitation programme similar to Swachh Bharat Mission in the 1990s, is innovating ways to dispose of the huge loads of faecal sludge and septage. Planted and unplanted drying bed: At a faecal sludge treatment plant, sludge is dried naturally in a sealed shallow pond with several layers of fliters and with evaporation facility. While this simple method can produce soil conditioners, one can plant wetland plants on the bed for efficient drying-up. It has an added advantage: the filters do not need to be desludged after each drying cycle. Fresh sludge can be directly applied onto the previous layer as the plants and their root systems maintain the porosity of the filter. Compared to unplanted drying beds, planted drying beds (also called humification beds), require desludging only once every five to 10 years and the removed sludge is a nutrient-rich soil conditioner. While Ghana has experimented with unplanted drying bed, planted drying bed is popular in Bangkok. |
Small wonder, several developing countries in Asia are taking steps to strengthen septage management. Consider the Philippines. About 40 per cent of the country’s population (including 85 per cent of the people in capital city Manila) use toilets that have septic tanks. Septage management is a main component in its Clean Water Act of 2004. The health department has also issued a manual guiding implementation of septage management programmes. Cities, such as Marikina and Dumaguete, have issued ordinances requiring regular desludging of septic tanks and have set up new FSTPs. In Malaysia, desludging at regular intervals is a must under federal law.
While India can follow in on the footsteps of these countries, it must ensure that people install on-site sanitation technologies suitable to the region’s geology. For example, people in Goa say none of the four sanitation technologies promoted under Swachh Bharat Mission is suitable for the region. The state receives heavy rainfall, has riverine areas, a high water table and a long sandy coastline. This makes it easy for faecal matter to seep through these twin pits and contaminate the groundwater. Septic tanks with soak pits also do not work as the partially treated effluent leaches through the soak pits. Biodigesters and biotoilets maybe suitable for the region, but they are expensive and people lack skills to construct, operate and maintain these toilets.
Connecting health issues with pollution in river
FSSM has its advantages. It is effective in unplanned areas—a common phenomenon in all towns in the Ganga basin. It can work seamlessly with sewers. For example, local urban bodies can include faecal sludge management alongside sewerage plan in Master Plans, City Development Plans and Swachh City or City Sanitation Plans.
All they need is guidance to upgrade on-site sanitation systems as per prescribed standards and bye-laws, to regularise private vacuum tankers and to operate and maintain FSTP. They should also be encouraged to tie up with private companies in managing faecal sludge. In Bangladesh, non-profit WaterAid Bangladesh and its partners the Bangladesh Association for Social Advancement are working with the Shakipur municipality to run a co-compost plant that uses both faecal sludge and organic waste to make compost.Researchers with the IWMI say cities that have sewerage systems in place should set up a plant that can treat both sewage and faecal sludge.
Cities that do not have a sewerage system and have a water supply level above 80 litres per capita a day (lpcd) should have a simplified sewer system to convey effluents from septic tanks, which can then be treated in a decentralised manner. The faecal sludge can be treated at FSTP. Co-composting can also be considered. Cities that have less than 80 lpcd water supply can treat faecal sludge by using microphytes in wetlands. They can also consider co-composting if the municipality collects solid waste.
“More than anything else, public awareness should be created,” says Nagendra Kumar, an official with Gangaghat Nagar Palika Parishad. “We cannot achieve anything without the cooperation of people,” he says. Agrees Rohilla. Ganga can be cleaned and city-wide sanitation can be achieved only if the government, civil society and people recognise faecal sludge management as a complementary solution along with the sewerage system. The need of the day is to connect water, sanitation and public health issues with abatement of pollution in river.
Recent Posts
- Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
- LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.
- The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
- Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
- Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
- The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
- REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
- It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment.
- The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
- Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
- Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.
- Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
- Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
- It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
- It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
- The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.
- Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
- With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
- Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.
- providing Dominion Status to India, i.e., equal partnership of the British Commonwealth of Nations;
- all Provinces (ruled by the British India government) and Indian States (ruled by Indian princes) should constitute one Indian Union by the British Constitution;
- the Constitution of India should be framed by an elected Constituent Assembly of Indian people but if any province (or Indian State) which was not prepared to accept the Constitution was to be free to retain its constitutional position which had existed at that time.
- Such provinces were to be free to enter separate constitutional arrangements.
- there should a Union of India consisting of British India and the States, which would have jurisdiction over subjects of Foreign Affairs, Defense and Communication;
- all residuary powers would belong to the Provinces and the States;
- the Union would have Executive and Legislature consisting of the representatives from the Provinces and the States but for decision relating to a major communal issue in the legislature a majority of representatives of two major communities would be present, and voting along with the majority of all members present and voting would be required;
- the provinces would be free to form Groups with executives and legislatures;
- and each group would be free to determine the Provincial Subjects which would be taken up by the Group organisation.
Context:-
At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]What is LEAF Coalition?
Why LEAF Coalition?
Brazil & India
According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.
Tribes, Forests and Government
Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.
Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.
For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.
To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.
Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.
There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;
Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.
Way Forward
Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:
“The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”
Perhaps India can begin by taking the first step.
INTRODUCTION:-
The Constitution of India was adopted on 26 November 1949, which means it was finalised by the Constituent Assembly on that day. But it became operative two months after its adoption, i.e., on 26 January 1950, which is also known as the date of its “commencement”.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]However, some provisions of it, i.e., those relating to citizenship, elections, provisional Parliament, temporary and transitional provisions had become operative on 26 November 1949 itself. The reason for its commencement after two months of its adoption was to signify the January 26 as the original date of achievement of Independence.
It was this day, i.e. 26th January, in 1930 which the Indian National Congress (INC) had first celebrated as the Independence Day of India. It is important to note that the Constitution of India is product of a longdrawn process and deliberations.
EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935
The Constitution of India embodies provisions providing basic democratic rights of human beings including the persons who are not Indian citizens. It also embodies provisions for the availability of institutions for legislation, execution and jurisdiction for the fulfilment these rights.
It presents a vision for social transformation and deepening of democracy in India. The process of evolution of democratic institutions and rights had started much before the Constituent Assembly really made the Constitution of India.
It, however, must be underlined that the features of democratic institutions and values which were introduced during the colonial period were meant to serve the colonial interests in contrast to the purpose of the provisions of the Constitution made by the Constituent Assembly of India.
Although the Indian Constitution was result of the deliberations (from December 9, 1947 to November 26, 1949) of the Constituent Assembly, some of its features had evolved over three quarters of a century through various Acts, i.e., from 1858 to 1935.
The Government of India Act, 1935, and Other Acts
With the transfer of power from the East India Company to the British Crown, the British Parliament got involved in managing affairs of India. For achieving this purpose, from 1858 till 1935, the colonial government introduced certain features of constitution or rules of governance through different Acts. The Government of India Act, 1935 was the most important among these Acts.
First of these other Acts was Government of India Act, 1858. It provided for a combination of centralised and decetralised power structure to govern India. The centralised structure was introduced in the areas which were under the direct control of the Crown. These areas were known as British India provinces or provinces. The decentralized structure was introduced in the areas which were not under the direct control of the Crown. These areas were ruled by the Indian princes, and were known as princely states or states.
Under this system, the princes had freedom to govern in all internal matters of their princely states, but they were subject to the British control. In the centralized structure of power which was introduced in the provinces, all powers to govern India vested in the Secretary of State for India (and through him in the Crown). He acted on behalf of the Crown.
He was assisted by a fifteen-member council of ministers.There did not exist separation of executive, legislative and judicial functions of government; these all were concentrated in the hands of the Secretary of State for India. In British India, the Secretary of State of India was assisted by the Viceroy, who was assisted by an executive council.
At the district level, the viceroy was assisted by a small number of British administrators. The provincial government did not have financial autonomy. In 1870 viceroy Lord Mayo ensured that all parts of provincial administration received due share of revenue to meet their needs.
The scope of political institutions in the provinces was expanded a little further following the introduction of Council of India Act, 1909. This Act introduced for the first time a “representative element” in British India, which included elected non-official members.This Act also introduced separate representation to Muslim community.
The Government of India Act 1919 devolved some authority to the provincial governments, retaining the control of the central government (unitary government) on them.It relaxed the control of the central government in a limited way. It divided the subjects for jurisdiction of administration and sources of revenue between centre and provinces.
Under this arrangement, the provincial government was given control on resources of revenue such as land, irrigation and judicial stamps. The provincial subjects were divided into “transferred’ and “reserved” categories.
The “transferred” subjects were governed by the governor, and “reserved” subjects were governed by the legislature. The governor (executive head) was not accountable to the legislature.
The Government of India Act, 1935 was different from the earlier Government of India Acts. Unlike the earlier Acts, the Government of India Act, 1935 also provided for provincial government enjoying provincial autonomy. It provided “safeguards” for minorities.
Such “safeguards” included provisions for separate representations to Muslims, Sikhs, the Europeans, Indian Christians and Anglo-Indians. This Act also provided for three lists of divisions of power between the federation (central government) and provinces: federal (central), concurrent and provincial.
The Act also provided for establishment of a federal court to adjudicate disputes between federation and provinces. The executive head of the provincial government was Governor, who enjoyed special power. Under the special power the Governor could veto the decisions of the provincial legislature.
He acted on behalf of the Crown, and was not a subordinate of the Governor-General (the changed designation of Viceroy). He enjoyed discretionary powers to exercise his “individual judgments” in certain matters. In such matters, he did not need to work under the advice of ministers: he was to act under the control of the Governor-General, and indeed the Secretary of the State.
He was also not accountable to the legislature but he was required to act on the advice of ministers, who were accountable to the legislature.
Government of India Act, 1935 also had provisions for setting up a central government consisting of representatives from the provinces(areas ruled by the British India government) and the states (the areas covered under princely states).Such government was supposed to be known as federal government because of composition with members both from provinces and the states.
However, the federal government could not be formed because there was no unanimity among the princes to join the federation; consent of all princes was essential for the formation of federation. Thus, only the provincial governments could be formed as per this Act.
And election to the provincial legislature as per the Government of India Act, 1935 was held in 1937. Following the election of 1937, provincial governments headed by the Indian National Congresswere formed in eight provinces. The Indian National Congress government resigned in 1937. Nevertheless, according to M. Govinda Rao and Nirvikar Singh (2005), the Government of India Act, 1935 provided a basis to the Constituent Assembly to make the Constitution.
The Nehru Report(1928): First Indian Initiative to Draft Constitution
As you have read above, attempts to introduce elements of constitution in British India through different Act since 1858 were made by the British rulers. Indians had no role in it.
The first attempt by Indians themselves to prepare a Constitution of India was made in the Nehru Report(1928).Earlier, effort by Indians was made in the name of the swaraj (self-rule) by leaders of Indian national movement during the non-cooperation movement in 1921-22.
The Nehru Report was known as such because it was named after the chairman of its drafting committee, Motilal Nehru. The decision to constitute the drafting committee was taken in the conference of the established All India parties. The principal among these parties included Indian National Congress, Swaraj Party and Muslim League. The Justice Party of Madras and Unionist Party of Punjab did not participate in this meeting.
The Nehru Report demanded universal suffrage for adults and responsible government both in the centre and in the provinces. It, however, supported the Dominion Status, not complete independence for India.
It meant that Indians would have freedom to legislate on certain limited matters under the control of the British India government. For this, the Nehru Report prepared list of central and provincial subjects, and fundamental rights. It also raised demands for universal suffrage for men and women adults.
Indeed, it was in 1934, a few years after the preparation of the Nehru report, that the Indian National Congress officially demanded a constitution of Indian people, without the interference of outsiders.
FORMATION OF THE CONSTITUENT ASSEMBLY
The Cripps Mission
Initially, the colonial authorities resisted the demand for creation of a Constitution of India. But with the change in the circumstances – the outbreak of the World War II and formation of the new Coalition (Labour-led) government in Britain, the British government was forced to acknowledge the urgency to solve the problem related to Constitution of Indians.
In 1942, the British government sent its cabinet member – Sir Stafford Cripps with the draft declaration on proposals (regarding formation of constitution for Indians) to be implemented at the end of the WW II provided both the Muslim League and the Indian National Congress had agreed to accept them.
The draft proposals of the Cripps Mission recommended the following:
Both the Indian National Congress and the Muslim League did not accept the proposals of the Cripps Mission. The Muslim League demanded that India should be divided on the communal lines and some provinces should form an independent state of Pakistan; and, there should be two Constituent Assemblies, one for Pakistan and another for India.
The Cabinet Mission
The British Indian government made several attempts to bridge the differences between the Indian National Congress and the Muslim League. But it was unsuccessful.
The British government sent another delegation of the Cabinet members, known as the Cabinet Delegation, which came to be known as the Cabinet Mission Plan. It consisted of three cabinet members – Lord Pathic Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
The Cabinet Delegation also failed to bring the Indian National Congress and the Muslim League to an agreement. It, however, made its own proposal which was announced simultaneously on 16 May, 1946 in England as well as in India.
The Cabinet delegation made the following recommendations:
Election to the Constituent Assembly
Meanwhile, according to the proposals of the Cabinet Mission, the election to the Constituent Assembly was held in which members of both the Indian National Congress and the Muslim League were returned. The members of the Constituent Assembly were elected by the Provincial Legislative Assemblies.
However, differences between the Indian National Congress and the Muslim League arose on interpretation of “Group Clauses” of the Cabinet Mission.
The British government intervened at this stage and explained to the leaders in London that the contention of the Muslim League was correct. And on December 6, 1946, the British Government published a statement, which for the first time acknowledged the possibility of two Constituent Assemblies and two States.
As a result, when the Constituent Assembly first met on December 9, 1946, it was boycotted by the Muslim League, and it functioned without the participation of the Muslim League.
NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION
It is often argued that the Constituent Assembly of India did not represent the masses of India because its representatives were not elected through the universal adult franchise. Rather they were indirectly elected by the restricted adult franchise confined to the elite sections of society – the educated and tax payers.
According to Granville Austin the reasons for the restricted franchise and indirect election to the Constituent Assembly members were spelled by the Cabinet Mission Plan. These were to avoid the cumbersome and slow progress in the process of Constitution making.
The Cabinet Mission provided for the indirect election to the Constituent Assembly by the elected members of the provincial legislature. The Indian National Congress agreed to this proposal of the Cabinet Mission forsaking the claim of adult franchise to hold election to the Constituent Assembly.
Despite having been elected through the restricted adult franchise, the Constituent Assembly represented different shades of opinions and religious communities of India. Austin observed that though there was a majority of the Indian National Congress in the Constituent Assembly, it had an “unwritten and unquestioned belief” that the Indian National Congress should represent social and ideological diversity.
There was also its “deliberate policy” that the representatives of various minority communities and viewpoints should be represented in the Constituent Assembly. The Constituent Assembly consisted of members with different ideological orientations, and three religious communities -Sikhs, Muslims and General (Hindus and all other communities like the Anglo-Indians, Parsis, etc).
In words of K. Santaram “There was hardly any shade of opinion not represented in the Assembly”. Majority of the Constituent Assembly members belonged to the Indian National Congress. It also included more than a dozen non-Indian National Congress members.
Some of these were A.K. Ayyer, H.N. Kunjru, N.G. Ayyanger, S.P. Mukherjee and Dr. B.R. Ambedkar. S.P. Mookerji represented the Hindu Mahasabha.
The Constituent Assembly included representatives from the Princely States as well. It needs to be underscored that Dr. Ambedkar was initially elected to the Constituent Assembly from Bengal as member of the Scheduled Caste Federation. But he lost this seat due to the partition of Bengal and was re-elected by the Bombay Indian National Congress (as a non-Indian National Congress candidate) at the request of the Indian National Congress High Command.
The Constituent Assembly sought to address concerns of every person irrespective of their social and cultural orientations. Before incorporating a provision in the constitution, it held elaborate deliberations. Thus, the members of the Constituent Assembly could overcome the limitations of having been elected by the restricted franchise.
The Constituent Assembly sought to accommodate universal values of democracy. The Constituent Assembly adopted several provisions from different constitutions of world and adapted them to the needs of India. In fact, Austin argues that while incorporating different provisions in the Constitution including those which were borrowed from other countries the Constituent Assembly adopted “two wholly Indian concepts” of resolving differences among its members, i.e., consensus and accommodation.
Most members of the Constituent Assembly participated in its proceedings. But these were twenty individuals who played the most influential role in the Assembly.
Some of them were Rajendra Prasad, Maulan Azad, Vallabhbhai Patel, Jawaharlal Nehru, Govind Ballabh Pant, P. Sitaramayya, A.K. Ayyar, N.G. Ayyangar, K.M. Munshi, Dr. B.R. Ambedkar and Satyanarayan Sinha. Though the Constituent Assembly was the sole forum where deliberations took place, yet the deliberations took place in coordination of three bodies – the Constituent Assembly, the Indian National Congress Party, and the interim government.
Some members of the Constituent Assembly were also members of other bodies at the same time. Austin said that “an oligarchy” of four – Nehru, Patel, Prasad and Azad had enjoyed unquestioned honour and prestige in the Assembly. They dominated the proceedings of the Constituent Assembly.Some of these were simultaneously in the government, Indian National Congress Party and the Constituent Assembly.
Prasad was President of Indian National Congress before becoming the President of the Constituent Assembly. Patel and Nehru were Prime Minister and Deputy Prime Minister respectively at the same time. They were part of the inner circles of the committees of the Constituent Assembly.
The Constitution Drafting Committee meticulously incorporated in the draft constitution the decisions of the Constituent Assembly. Dr. B.R. Ambedkar, chairman of the Drafting Committee played the leading role in drafting of the Constitution.
Acknowledging the pivotal role of Dr. Ambedkar, T.T. Krishnamachari, a member of the Drafting Committee, said in one of his speeches: “The House is perhaps aware that out 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 away 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 the burden of drafting this constitution 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.”
Dr. Ambedkar on his part “gave much of credit” to S.N. Mukerjee – B.N. Rau’s and Ambedkar’s assistant, the Drafting Officer of the Assembly, “for the careful wording of the Constitution”.
THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949
The inaugural session of the Constituent Assembly was held on 9 December 1946. It was supposed to be attended by all 296 members but only 207 members could attend it because the Muslim League members absented from it.
As stated earlier, they had boycotted the Constituent Assembly. In this meeting, Acharya J.B. Kripalani requested Dr. Sachchidananda Sinha to be the temporary chairman of the House. The members passed a resolution on 10 December 1946 for election of a permanent chairman, and on 11 December 1946, Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly.
The Constituent Assembly divided its work among different committees for its smooth functioning. Some of the important committees were:
(a) Union Power Committee. It was chaired by Jawaharlal Nehru and had nine members;
(b) Committee on Fundamental Rights and Minorities. It had 54 members and Sardar Ballabh bhai Patel was its chairman;
(c) Steering Committee and its 3 members which included Dr. K.M. Munshi (chairman), Gopalaswami Iyangar and Bhagwan Das;
(d) Provincial Constitution Committee. It had 25 members with Sardar Patel as its chairman;
(e) Committee on Union Constitution. It had 15 members with Jawahalal Nehru as its chairman.
After discussing the reports of these committees, the Constituent Assembly appointed a Drafting Committee on 29 August 1947 under the chairmanship of Dr. B.R. Ambedakar. The draft was prepared by Sir B.N. Rau, Advisor to the Constituent Assembly.
A 7-member Committee was constituted to examine the draft. Dr. B.R. Ambedkar, who was Law Minister as well as chairman of the Drafting Committee piloted the draft in the Assembly. Dr. Ambedkar presented “Draft Constitution of India”. The “Draft Constitution” was published in February, 1948.
It was discussed by the Constituent Assembly clause by in its several sessions and was completed by October 17, 1949. This discussion was known as the second reading. The Constituent Assembly again met on 14 November 1949 to discuss the draft further or to give it a third reading.
It was finalised on 26 November 1949 after receiving the signature of the President of the Constituent Assembly. But it was January 26, 1950 which became the date of commencement of the Constitution.
SALIENT FEATURES OF THE CONSTITUION
The Indian Constitution has some salient features. These features give Indian Constitution a distinct identity. It is based on the features of different constitutions of the world. In the words of Dr. Ambedkar, The Indian constitution was prepared “after ransacking all the known Constitutions of the world”.
The chapter on Fundamental Rights is based on the American Constitution; the Parliamentary System has been adopted from the British Constitution; the Directive Principles of State Policy have been adopted from the constitution of Ireland; the Emergency provisions are based on the Constitution of Weimar (Germany) and Government of India Act, 1935.
The features which have been borrowed from other Constitutions have been modified in the light of the needs of our country. It is the longest written constitution. At the time of its formation, the constitution of India had 395 Articles and 8 Schedules. It ensures both Justiciable and Non-Justiciable Rights: Fundamental Rights and the Directive Principles of the State Policy.The constituent makers preferred universal adult franchise over the separate electorates.
Universal Adult Suffrage and Abolition of the Separate Electorate
After debating its draft list of Fundamental rights the Sub-Committee on Fundamental Rights did not recommend inclusion of all of them in the section III of the Constitution as the Fundamental Rights. Instead, it suggested that these should be incorporated in other places in the Constitution.
One such example is that of the Universal suffrage, and Secrete and periodic elections. The sub Committee agreed unanimously in favour of the Universal suffrage but suggested that it should not be part of the Fundamental Rights.
Accordingly, it was placed in the Article 326 of the Part XV on election.The word “universal”, however, is missing from the Article 326. But the fact that every adult citizen of the country is entitled to vote makes it practically a universal adult franchise.
In fact, before Indians really got the right to universal adult franchise, the prominent leaders of the Indian National movement strove for the abolition of the separate electorate in favour of the joint electorate.
The British had sought to continue separate electorate in India since the Morley-Minto reforms, 1909 till the Communal Award of 1932 in the Constitution.
The Communal Award aimed to accord separate electorate for Muslims, Europeans, Sikhs, Indian Christians and Anglo-Indians. It also provided for seats for the Depressed Classes which were to be filled in elections from special constituencies. In such constituencies only the depressed classes could vote.
In addition, the depressed classes were also entitled to vote in general constituencies. Gandhi opposed the recommendation of the notion of separate electorate for the depressed classes. In opposition to the proposal for separate electorate, he set on fast unto death in September 1932. Gandhi’s fast evoked opposition from Ambedkar. However, both Gandhi and Ambedkar reached compromise in Poona Pact.
According to the Poona Pact, seats were reserved for the depressed classes in the general constituencies. This resulted in the abolition of the separate electorate.The abolition of separate electorate got reflected in the reservation of seats in the legislative bodies Constitution.
CONCLUSION
The making of Indian Constitution largely consisted of two phases – 1858 to 1935 and 1946 to 1949. With the transfer of power from the East India Company to the British Crown, the British government introduced different elements of governance through different Acts.
These also included the elements of representation of Indians in the institutions of governance. The motive of the British to introduce them was to serve their colonial interests rather than to provide democratic rights to them. The provision for communal representation introduced through the Morley-Minto Reforms in 1909 and through the Communal Award in 1932 was opposed by the leaders of the Indian National Movement.
Gandhi’s fast resulted in the Poona Pact abolishing the separate electorate and in giving the reservation to the depressed classes in the provincial legislature. After the Indian National Congress emphasized the need for making of a Constitution of India by their own Constitient Assembly, the changed political situation following the Second World War and change of government in Britain, the British reluctantly realized the urgency for establishment of the Constituent Assembly of India for Indians.
The Constituent Assembly which was set up following the recommendations of the Cabinet Mission Plan was elected through the restricted adult franchise by the provincial assemblies. Despite having elected by the privileged sections of the society, the Constituent Assembly represented different shades of opinions and ideologies.
It also represented different social groups of India. The Constituent Assembly discussed all issues thoroughly before reaching decision on them. The decision and suggestions of different sub-Committees of the Constituent Assembly were finally incorporated in the Constitution of India.
The Constitution of India is a document which provides a vision for social change. The Constitution is an embodiment of principles of liberal democracy and secularism, with some elements of social democracy. It ensures protection of cultural, linguistic and religious rights of individuals and communities.