This is one of a kind and a must read for every one.
Culture is not always about doling out grants, holding mega-festivals, or just about sob stories around lack of preservation. If the economics of culture is understood, it can bring in prosperity and boost soft power. But, how exactly should India go about it?
Most nations, including Malaysia, Thailand, African countries and so on have a national cultural policy that sets a roadmap for the management of the country’s creative economy.
For the longest time it has been argued that India woefully lacked a national culture policy. Ironically, the formulation of such a policy has been opposed by several committees set up by the Ministry of Culture itself for the express intention of designing such a policy.
In June 2008, after several meetings held at taxpayers’ expense, yet another such committee of luminaries declared to the media that Indians were a disparate community, that there was hardly anything common between a Kashmiri and a Malayali or a Gujarati and a Mizo in terms of their culture and hence there was no need for a homogenised policy that served them all. The usual apprehensions of a unified or majoritarian imposition of cultural standards were expressed and the committee had a quiet, unsung burial.
For any meaningful discussion on cultural policy or cultural activity in a country as vast and diverse as India, it is no doubt essential to keep in mind the complex, multi-layered and multi-dimensional cultural fabric of this country, which despite its diversities is united by that single intangible thread of Indianness, which defies definitions and boundaries.
A culture policy for a diverse nation like India (or for that matter any country) is in no way an attempt to homogenise the country’s culture – an act, which is anyway impossible through mere legislations or executive decisions. After all, the more than 5,000-year-old civilisational history and culture of India has borne numerous challenges to be shaken by such a policy document. A policy of this kind is not even an attempt to define what the culture of India needs to be. A national culture policy needs to look broadly at effective ways of managing, promoting, preserving and showcasing this rich and vibrant culture and handle the economics of the culture ‘industry’ through a variety of innovative initiatives, new participation, governmental incentives, funding and public private partnership (PPP) models.
The culture policy can be seen as an area of intersection between activities and initiatives of various ministries of the government of India, such as Ministry of External Affairs, Human Resource and Development, Tourism, Commerce and Industry, Textiles, Small-scale and Agro Industries etc, and not necessarily just the Ministry of Culture (MoC).
1. Complete overhaul, rationalisation and effective management of existing cultural bodies coming under the government of India.
One of the biggest challenges facing the governmental intervention in the domain of culture is the lack of skilled administrators for the 45 odd organisations that fall under the MoC ranging from Sangeet Natak Akademi, Lalit Kala Akademi, Sahitya Akademi, National Gallery of Modern Art, National Museum, National School of Drama, the seven Zonal Cultural Centres, CCRT, Indira Gandhi National Centre for the Arts (IGNCA) and so on.
While performing artists are masters in their disciplines, they need not always be skilled and unbiased administrators who understand the fine nuances of management. Bureaucrats many a times consider a Culture Ministry posting as a punishment one as they are not exposed to or are not sensitive to the arts. Unlike most countries of the world, India lacks a discipline of “arts management” or “arts administration” that helps produce young, administrative talent specifically for managing our arts institutions, museums, monuments, libraries, art galleries and centres for performing arts.
In addition to mediocrity and inefficiency, most of the bodies under MoC have a huge duplicity of their functions. Everyone seems to be intent on rediscovering the same wheel, and that too over and over again.
This is not something that the ministry is unaware of.
In 1964, the Bhabha Committee was set up to analyse the ills facing the ministry and its report was submitted in October 1964. Result: NO ACTION.
The Khosla Committee set up for the same task in 1970, submitted its report in 1972. Result: NO ACTION.
The Haksar Committee set up in 1988, submitted a report in 1990. Result: NO ACTION.
High Powered Committee (HPC) set up in January 2014 under the chairmanship of Abhijeet Sengupta and submitted to the parliament with more than 220 pointed action items and recommendations. Lo! And Behold – yet again, NO ACTION! The HPC rightly points out:
“First, if the Government wishes to experiment with change in administrative systems, a small Ministry like Culture could be a starting point. Second, many of the changes we propose are not entirely new, they revisit the conditions that existed fifty years ago; it is since then that rigidity has set in. And, third, this Ministry is one whose very mandate should require it to interact with the young, with creative, independent minds: it has to be a catalyst for new beginnings.”
Most of our culture bodies on which huge sums of money are spent are leaderless. The institutions work in silos and do not talk to one another. Issues of autonomy and transparency dog most of them. Creation of new jobs and skills with specialisation must be a prerequisite for management of cultural organisations and not mere ad-hoc postings. The ministry must ensure that there is a proper roadmap and periodic performance audits of these bodies, to see if they are achieving the objectives for which they were set up in the first place.
Regional centres are set up as further money-guzzling mechanisms, with no sense of mission, objectives, or Agenda.
A case in point is the IGNCA, which has been perennially in controversies for long. With a sprawling head office in the heart of Lutyens’ Delhi and regional centres in Bengaluru, Varanasi and Guwahati struggling to make any headway, IGNCA has decided now to start many more regional centres in Ranchi, Srinagar, Goa, Vadodara, Puducherry and Kerala. Land would be acquired, buildings constructed, a battery of staff appointed, with no agenda on what is to be done. The maintenance of these inefficient white elephants gets paid by tax-payers.
2. Enhancement of funding for India’s cultural industry through new participation models, including PPP.
China spends roughly 18 per cent of its budget on culture, education and science. The UK saw the support of an additional £8.9 million for culture in 2015, 25 per cent tax relief on orchestras and other creative activities, support to roll out WiFi in all state libraries and museums and so on.
Most European countries spend about 1-1.5 per cent of their public expenditure on culture and the quantum of private expenditure in culture too is substantial in the relatively affluent countries. From 0.12 per cent spend in 2009-10 to 0.13 per cent in 2014-15 of the government of India’s budget it certainly paints a sad picture of the priority that is given to a country with such an ancient heritage and culture.
The UK has the concept of the ‘arts council’, which acts as the nodal agency for all matters related to funding the arts. The funding here comes as a mix of two sources – direct government funding and a large component through private investments in culture called the National Lottery. This funds a wide range of activities – from theatre to digital art, reading to dance, music to literature, crafts to collections; and helps them achieve their mission statement of “great art and culture for everyone”. Close to £1 billion of public money was invested in 664 arts organisations from 1 April 2015 to 31 March 2018. Of this £69.5 million per year comes from the National Lottery invested in touring and working with children and young people.
The budgetary pie for culture in India too needs to expand, and for this the government exchequer need not be the only source. Augmenting the funding for culture by combining government intervention with private initiatives, corporate grants and even foreign investment especially in tourism related projects is a way out. The National Culture Fund (NCF) of the MoC has been largely a non-starter. More tax exemptions and reliefs for donations to the culture industry and bringing it within the ambit of mandatory corporate social responsibility (CSR) can drive more corporates and individuals to adopt culture projects. Important projects could be adopted by high net worth individuals and even go by their name if that is an incentive that someone is looking for.
3. Inclusion of the cultural element among young minds by broad-basing the education system to inculcate a sense of national identity, pride and self-worth.
Swami Vivekananda points out that the defect of present-day education is that it has no definite goal to pursue. A sculptor has a clear idea about what she wants to shape out of the marble rock; similarly a painter knows what she wants to paint. But a teacher has no goal in what she wishes to make of the children. The end of all education, Swamiji opined, was ‘man-making’, manifesting in our lives as perfection, which is the very nature of our inner self.
Studies have shown that there are various levels at which cultural education can be part of the syllabus right from kindergarten. The first level is knowledge-based which teaches our children the best of what has been created and is being currently created in the performing and visual arts and literature. The second level helps develop children’s critical faculties through the introduction of courses such as music, dance, drama, painting etc. and the positive impact that it has on the child’s cognitive development, IQ, and personality is scientifically documented. The third level is skill-based where the child learns how to participate and create new culture for themselves. Not everyone reaches here and a child exposed to say Indian classical music, need not necessarily become a performing musician. But the positive spin-offs of such exposure at a very early age are unimaginable. It would also create millions of jobs for so many artists, who are all not lucky to make a living out of their art, and can now be teachers in schools at various levels.
The arts fuel children’s curiosity and critical capacity. The United Nations Educational, Scientific and Cultural Organization (UNESCO) ideals state them as every child’s birthright. It is vital that children engage with the arts early in their lives. The arts contribute to the development and wellbeing of children and young people. They inspire future audiences and the next generation of artists and leaders.
At the level of higher education, it is a real pity that we in India lack institutions on Indology/Indic Studies or civilisational and heritage studies. We have outsourced most of this to Western scholars and cry hoarse each time they come up with a biased and warped viewpoint of our country, its culture and faiths.
But is there a strong counter-narrative based on honest scholarship bereft of shallow jingoism or ideological biases? The answer is sadly, No!
The predominant agenda in education has made us feel perpetually inferior and ashamed of everything that is Indian. But then how long will we continue to quote Macaulay for creating the brown Englishmen or blame the Marxist intellectuals and wallow in self-pity, when the country has no agenda in mind to course-correct?
4. Looking at culture as a profit centre that provides jobs to people, enables skill development and vocational training and finds effective markets for the wares of artisans, weavers, artists, painters and craftsmen of the country in traditional and contemporary arts and crafts in both national and international platforms.
For long the Culture Ministry is seen as primarily a cost centre, which is also a grants body for various schemes and to which greedy artists flock to curry favours or lobby for awards. Sadly, the “soft power” of India’s culture and the manner in which this can be utilised for job creation, skill development and enhancing tourism in the country, which can transform it into a profit centre, has never been looked at.
Today with dwindling job opportunities many traditional artisan families are leaving their art to take up sundry factory jobs or enter low level tasks in the IT field and so on. The policy of the government must aim at providing economic stability to the craftsmen which would also give them a sense of pride in what they are doing for generations and also ensure enough returns so that they don’t abandon their hereditary task.
As part of the government’s Skill India Programme, a national institute for skill development in the traditional arts, crafts, textiles, handicrafts etc. should be set up or added to the NSDC. A curriculum and framework for certification must be created by the Institution in consultation with NSDC, NIOS, institutions of higher education and other stakeholders including private training providers. A sector skill council on traditional skills can be created by NSDC too to further give credibility to the certification. Indian arts, crafts, and textiles should find its way in every global market after being duly patented.
5. Clear roadmap to integrate culture to tourism initiatives and boost the country’s rich but latent, tourism potential.
As highlighted in the UN WTO 2013 report, tourism can account for 9 per cent of GDP (direct, indirect and induced), one in 11 jobs and 6 per cent of world exports.
Our heritage monuments, temples, palaces, mosques and forts count for among the best in the world and we have numerous world heritage monuments attested by UNESCO. But the infrastructure and upkeep around the monuments is abysmal. The Cultural Policy should dovetail with the tourism plan of the government in ensuring good infrastructure around monuments – clean, approachable and motorable roads, airport facilities, telephone lines that work, clean toilets and restaurants serving hygienic food.
This industry in itself can help employ millions of people in the area. The most exquisite monument cannot compensate for the ugliness of public defecation, garbage mounds and rivers of sewage – common in every Indian tourist spot.
Beggars found around the monuments and temples can be gainfully employed around the monument. Digital multi-media presentations/sound-light shows, multi-lingual audio guides, qualified tourist guides, sufficient information and pamphlets at the sites would draw innumerable tourists. Heritage walks enhance the whole tourism experience and can be conducted with private partnership. In all these important sites opportunities for historical and cultural immersion in the local culture – local dance and music forms, arts and crafts, cuisine etc. and a market for local artisans to sell their products to tourists can thus be made.
On the lines of the English Heritage, the government of India must seriously consider a national heritage trust. Gone are the days when people looked at history books for learning about their past and heritage. They, and increasingly tourists, are looking at experiences that bring history to life in an engaging way standing on the very spot where history happened. The trust needs to offer a hands-on experience that will be educational for children, national and international tourists who come to the country.
India must make a push for more of her monuments for UNESCO Listing. There is an economic case too for this.
In Luang Prabang, a World Heritage Site in Lao, the number of direct jobs increased from by about 10.3 per cent between 2000 and 2005 and the number of commercial establishments doubled, after it was UNESCO listed. As a result, direct employment in the tourism sector there has grown at a compounded annual rate of 8.5 per cent.
Ankor Wat in Cambodia was listed as World Heritage in 1992 and since then tourists arrivals have grown at an impressive 21 per cent (CAGR) annually. In 1993, the tourist arrivals in Ankor Wat were about 1.2 lakh and in 2010 the recorded figures were over 25 lakh. Tourism receipts there too grew from $100 million in 1995 to $1,786 million in 2010.
6. Institutions for dissemination of cultural knowledge to the public at large through various media; Online being the biggest backbone for a “Digital India”.
A lot of the country’s tangible and intangible heritage needs to be preserved for posterity and also documented. We have lacked a sense of documentation and showcasing of our own very rich past.
Creation of institutions such as a national cultural audio-visual archive that can also be accessed online by everyone, and modernisation of our existing archives (National Archives of India, National Film Archives and State Archives etc.) and libraries, through technology and digitisation would create lasting legacy institutions for our country.
Museums are also one of the most significant revenue earners for developed nations, through tourist footfalls. The five most popular museums and galleries in both London and Paris receive more than 20 million visits between them while Shanghai’s and Istanbul’s ‘top five’ attract more than six million. ‘Newer’ cities too are keen to develop their museums and galleries. Singapore alone has more than 50 museums, and 40 per cent of its residents visit a museum or gallery each year. About 100 museums open annually in China, peaking at nearly 400 in 2011 alone.
Is it not a national shame that just one museum in Paris (the Louvre) gets more than 1.5 times the number of visitors that all of India gets in terms of foreign visitors according to a past statistic of the Indian Tourism Department (9.72 million versus 6.29 million)?
Just in terms of international scale and standards, if we see the three cities with the highest number of national museums: Shanghai (27); Paris (24); Berlin (18) or with three cities with highest number of other museums: London (162); Berlin (140); New York (126) and even with cities with very little history, it becomes amply clear that we in India fall woefully short.
It is sad that in independent India there have been very few new museums that have been developed. Government museums make up for 90 per cent of the roughly 1,000 museums in India. In 2011, UNESCO published a scathing report on the appalling condition of India’s top eight museums, citing sub-standard maintenance, lighting and signage among other issues.
But at the core are deep-rooted issues of archaic policies, lack of autonomy and skilled manpower and under-staffing. They are banned from all kinds of partnerships with private individuals or organisations and have to depend only on central funding for day-to-day operations. Professional salaries are not given to trained museum staff and hence modern curatorial, display and conservation methods are not followed in many cases.
While it might not be entirely feasible to develop museums in every city and town of India, major centres in the country could have the ‘museum district’ (like in London) or the ‘museum mile’ (in New York) set up with public private partnership to become a showcase of the culture and arts of the entire state and also for different facets of a state/city (For example – science, IT, sound, defence, cricket, etc. which have developed indigenously in Bengaluru).
In addition to national museums, regional and community museums need to be encouraged and provided for to showcase regional culture and heritage. For instance, a botanical museum for the Western Ghats would be a unique asset. Going to museums must be a joyful and a deeply enriching and educational experience both for tourists and for Indians. Can we mention even one such museum in India today?
In line with the Government’s Digital India Project, the online medium should be used to the maximum extent to conserve, create and disseminate cultural artifacts of India.
7. Showcase and educate the international community about the best of India’s culture, heritage, traditional knowledge, performing and visual arts.
In most international forums, India and her culture are not showcased to the extent that it can be to depict its richness in all its glory. Through the network of embassies of India and consulates, regular dissemination of cultural artifacts of India, the best of the performing and visual arts, films and documentaries, books and literature should be periodically organised.
The soft power of Indian culture can and must be used to create jobs, not necessarily always in India, but for Indians across the world. The demand for Indian cuisine across the world itself is a market that is dying to be explored. Instead, what we find is that in most countries, so-called Indian restaurants are run by other nationals.
International co‐operation should be sought for setting up India studies chairs in major universities abroad where Indian scholars are invited to research and teach about India, her history and culture rather than leave it to Western scholars to create a warped view of Indian history and religions. Cultural cooperation agreements with various countries to get the best of what is happening world-wide to administer and disseminate culture is the need of the hour.
Like the recent inclusion of World Yoga Day, more art forms – classical music, dance, classical languages and traditional knowledge etc. should receive international recognition considering they are thousands of years old. An element of Indian performing arts and literature must be a given in all the major festivals across the world. We, and our culture, need to be seen, understood and appreciated.
An important aspect of international cultural co‐operation is a sizeable programme of scholarships/fellowships in different disciplines given to foreign scholars and artists to come to India and to Indian scholars to visit foreign countries. Most of these scholarship programmes need to be on a reciprocal basis. Cross-cultural projects and interdisciplinary studies can herald new ideas and avenues in the field of culture and can act as a soft tool for international cooperation and diplomacy.
Rabindranath Tagore had said: “Everything comes to us that belongs to us if we create the capacity to receive it.” The time has come now to build this capacity in the culture industry of India and make it a robust and streamlined one that not only provides jobs and revenue to millions, but creates a sense of national identity, self-esteem, pride and lasting legacy for posterity.
While it is essential that we become an economic and military super-power, we would be a highly impoverished nation if, after a generation, our cultural heritage and identity is lost. As mentioned earlier, culture is not always about doling out grants, holding mega-festivals, or just about sob stories around lack of preservation. The economics of culture and the way it can enhance skills, augment jobs, and add to the country’s might by being both a profitable industry and also as soft-power diplomacy needs innovative and out of the box thinking.
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.