Look no further- This single and comprehensive editorial is all that you need to write a best answer as far as Energy Security is concerned.
Obtaining a secure and adequate supply of a traded commodity, be it food or fuel, is generally a problem prevalent amongst poor people, poor regions or poor nations. With the power to pay the price the rich often find willing suppliers for what they want. The World Energy Assessment (UNDP 1999) report defines energy security as: “the continuous availability of energy in varied forms in sufficient quantities at reasonable prices”. This definition needs to be modified to better reflect our situation in India.
- It is important that energy is supplied to all citizens. When the energy needs of only some citizens are met, it cannot be a sustainable situation.
- It is necessary to provide “lifeline” energy to all citizens irrespective of their paying capacity. Energy up to a certain level is a basic necessity and whether the state supplies it or not, people will procure it in any way possible. If the state does not provide such lifeline energy, environmental degradation can be expected. Lifeline energy consumption for those who cannot afford energy at market price has to be made good through subsidies that, preferably, target the intended beneficiaries directly. Energy security requires that the lifeline energy needs of the Nation are met in full.
- Effective demand, i.e. demand backed by the ability to pay at market determined prices, should be met fully. If it is not, the rich will get what they desire but the poorer classes won’t.
- If demand is not met at competitive prices the competitiveness of the Indian economy would be compromised.
- Safe and convenient energy is desirable as the use of traditional fuels such as wood or dung cakes causes indoor air pollution and leads to an adverse impact on health, particularly that of women and children.
- Energy is required in different forms to meet different needs. Energy in one form cannot be easily substituted by other forms. Often such substitution involves cost or loss in the quality of service. For example, kerosene can replace electricity for lighting but at a cost and a loss in quality of service. Fuel cells or batteries could replace IC engines using petrol or diesel but at a cost.
- Energy should be available at all times. Interruptions in energy availability can impose high costs on the economy and also on human well-being.
- To ensure energy security at all times, shocks and disruptions that can be reasonably expected must be anticipated. Ability to withstand such shocks and disruptions is essential for energy security. However, one cannot guard against all possible shocks at affordable costs. The surety of energy supply cannot be 100 percent. One can ensure supply only within a certain prescribed confidence level.
- The efficiency of extracting fossil fuels in India as well as other mining activities can easily be improved by some 10 per cent. For fossil fuels this would mean a lower level of energy spent per unit of energy extracted.
- Fuel efficiency of Coal Power Plants: The average fuel conversion efficiency of Indian power plants is just about 30.5 percent though the new 500 MW plants have efficiency of 36 per cent. State of the art super critical pulverised fuel fired boilers can reach an efficiency level of 46 per cent depending on plant location. Under Indian conditions an efficiency level of 38-40 per cent should be attainable. Considering our large dependence on coal-based power plants, obtaining this technology for all new power plants should be our first target.
- Another major option is provided by freight traffic. The railways’ goods traffic has increased to 1050 million tonnes in 2014. If the railway carried 70 per cent of the goods traffic today, it would carry 3000 million tonnes of additional traffic. Assuming that all of this goods traffic would have been carried by Railways using diesel, the diesel saved would have been around 5 Mt out of a total consumption of 40 Mt. If all of the goods traffic was carried by Railways using electric traction, the diesel saved would have been around 8 Mt. Thus a significant saving of diesel is possible if Railway operations can be upgraded to win back the haulage lost to road traffic.
- Energy efficiency and demand side management also have a large scope to reduce energy requirement. These include the use of energy efficient appliances and automobiles, hybrid cars, energy efficient buildings, efficient lighting, cogeneration, distributed generation with Combined Heat and Power (CHP) use, energy efficient and well-maintained irrigation pumps, smokeless improved woodstoves, etc.
- In the long-term, promotion of public transport in urban areas can significantly reduce energy consumption particularly the need for imported oil and gas. Some advance actions that can be taken now are as follows-Develop effective and attractive mass transport such as underground, elevated trains, light rail, monorail or dedicated bus lanes in existing metros; For medium size cities, make plans for efficient public transport corridors to serve future population and acquire the right of way. Public transport can then be further developed as the city develops. Development of city infrastructure can be financed by gradually increasing permissible built up area or Floor Space Index (FSI) and auctioning the right to build. Even existing land owners should be required to purchase the additional right to build, if they want to extend their buildings; and congestion charges and parking fees should be levied in city centres to discourage the use of private cars.
- Electrification of railways can replace diesel trains. Of course this calls for investment in electrification of tracks, electric locomotives and electricity generation.
- Wood plantations with a potential of yielding up to 20 tonnes of wood per hectare per year in a sustainable way could significantly expand the domestic energy resource base. Wood can be burned directly or gasified for power generation. This would reduce the need for future gas/coal imports.
- Bio-diesel and Ethanol can substitute diesel and petrol. Bio-diesel becomes particularly attractive when it is derived from inedible oilseeds from trees that need little water and fertiliser and can thus grow without care on wasteland. Ethanol can be obtained from molasses, which may have other economically more paying uses. Ethanol can also be obtained from other starchy crops and from cellulosic plant matter. The competition for using limited land resources and availability of water pose the main challenges to increasing the production of ethanol.
- Use of hybrid vehicles and/or of electric vehicles, cars, scooters and motorbikes can significantly reduce requirements of petrol. This requires development of low weight, high density batteries. An advantage of such vehicles is that individuals can adopt this technology without the development of a supporting fuel supply network as would be required by hydrogen or fuel cell based vehicles.
- If hydrogen can be produced as a byproduct of industry or with locally available energy sources, hydrogen based vehicles could provide an option to reduce dependence on oil imports.
- Coal can be converted into oil as is done in South Africa. The technology is well-developed and in use for years. Sasol is routinely available at filling stations along with petro and diesel in South Africa.
- Enhanced Recovery: Enhanced oil, gas and coal recovery from existing fields is an obvious option. India’s recovery of in-place reserves can improve easily by 5-10 percentage points. Better mine design and the use of technologically advanced mining techniques are valid options. Recovery of oil and gas from abandoned and/or marginal fields may also be taken up. However, the cost of such recovery should be balanced against the total amount of oil or gas that may be recovered from the field.
- In-situ Coal Gasification: Similarly for coalfields, in-situ gasification may permit much higher recovery of coal than can be economically mined by conventional techniques. Technology development for in-situ gasification should be vigorously pursued and entry barriers for gasification removed.
- Coal Bed Methane: Methane is absorbed in coal seams. This Coal Bed Methane (CBM) usually escapes into the atmosphere when coal is mined. Tapping and utilising the CBM as a source of commercial energy has been in vogue in the US and Australia for several years. The estimated potential of CBM in India is in the range of 1400-2600 billion cu. metres (BCM).
- Exploration: Efforts can be stepped up to find new reserves. Recent success by private as well as public sector companies such as Reliance and Gujarat State Petroleum Corporation Ltd. in finding gas shows the need to attract more players in exploration in the country. Exploration for all energy resources – coal, oil, gas and Uranium – should be stepped up. Offshore wind energy potential should also be mapped.
- Coal to Oil: Rising oil prices in the world market makes conversion of coal to oil economically attractive. Sasol claims that its technology for converting South African coal to liquids is viable if crude oil stays above US$65 per barrel. India should establish the viability of Sasol technology with domestic coal and establish the breakeven price at which coal to liquids would make sense for Indian coal.
- New Domestic Sources: The domestic resource base can also be expanded through developing hitherto poorly developed or new sources of energy. Some of these resources may require R&D to make them economical. Among these are:
- Nuclear Power: With meagre availability of uranium in the country and vast resources of thorium, any long-term nuclear strategy has to be based on thorium. The three stage strategy of development of nuclear power from pressurised heavy water based reactors to fast breeder reactors to Thorium based reactors requires a sustained R&D effort. Success in these efforts could deliver some 2,50,000 MW of nuclear power by 2050 and much more thereafter. Given the limited resources of oil, gas and uranium, solar energy and thorium based nuclear option are the only two sizeable sources (apart from fusion) of energy for the country. Thus, the thorium option must be pursued.
- Gas Hydrates: Very large reserves exist in Indian waters and have the potential to provide vast amount of gas. Technology to exploit these economically in ecologically safe ways is yet to be developed. However, the potential size of the resource makes it critical to vigorously pursue R&D.
- Wind: The potential for onshore wind power has been assessed to be 45,000 MW. The Wind Energy Society of India claims it to be as high as 65,000 MW. However, given that the average capacity factor realised by India’s wind farms is only about 17 per cent, the total contribution to energy from these plants would be relatively small. Thus while wind power may be pursued for environmental and economic reasons, its contribution to energy security will remain very limited. Off-shore wind power potential has not yet been assessed. As mentioned above such assessments should be taken up immediately.
- Solar: Solar energy, if it can be economically exploited constitutes a major energy resource for the country. Solar electricity generated through either the thermal route or using photovoltaic cells provides comparable amounts of electricity per unit of collector area. Both methods currently provide about 15 percent conversion efficiency. While it is clear that the ratio of capital cost to the efficiency of energy conversion needs to be brought down significantly, solar thermal and solar photovoltaic routes to electricity generation remain attractive alternatives to enhance India’s energy security. Nanotechnology holds the hope for making a major breakthrough in solar photovoltaic technology. It is stressed here that solar water heating is cost effective for India even today and can reduce India’s demand for oil, gas and coal if pursued to meet the hot water demand in industry and households.
- Energy Plantations: Growing fuel wood for running power plants either directly or after gasification can save the coal or gas used for generating power. Since the country’s energy needs are growing, imports of coal and LNG are also likely to grow. Fuel wood plantations can help improve energy security. The scope for such plantations is substantial. For example, if 10 million hectares of wasteland can be converted to fuel wood plantations with a sustained yield of 200 Mt of wood per year, it would obviate the need for some 200 Mt of domestic coal. Moreover since wood is a renewable fuel, no net carbon emission takes place. Thus all compensatory afforestation should be made in the form of energy plantations to improve India’s energy security.
Policies and Initiatives for Energy Security
- A legal claim to energy resources abroad can marginally enhance India’s energy security to the extent that such a claim increases the diversity of supply sources. Equity oil and gas abroad are being currently pursued. The NITI Aayog, recognising the looming coal import requirements, has been, emphasising equity coal for the past three years in order to further increase the diversity of supply of fuels. Nonetheless, these acquisitions should be primarily assessed as commercial investments.
- Another mitigating policy could be to diversify imported fuels as well as the sources of such imports. Today, almost 100 per cent of our energy import is in the form of crude oil with 67 per cent being sourced from the Middle East. A strategy to import larger quantities of Gas, LNG, coal, ore emulsion, ethanol etc, as additional energy sources should be considered. Further, imports from other countries can be enhanced for strategic diversification of supply sources.
- Power plants at coastal locations should be set up with captive jetties to run on imported coal.
- If and when the gas pipeline from Iran materialises, we may have a sudden increase in supply of natural gas of nearly 30 Mtoe a year. After meeting the feedstock requirement for fertilizer and chemical plants, the temptation will be to use this increased supply for power generation. Advance planning should be done to use this gas in more appropriate ways such as in distributed generation and CHP applications where we can get an efficiency of 80 per cent or more.
- India currently has stocks equal to about 85 days of requirement excluding line-pack and the strategic stocks for the defence department that are maintained by Indian oil. However, these stocks are more in the nature of raw material and finished good inventories (for which facilities had been built during the comfortable cost plus regime) and not in the nature of strategic reserves.
- Internationally, a 90 day strategic reserve is considered adequate for providing security against short-term supply disruption and/or extreme price spikes. India could earmark part of the available storage capacity with oil companies as strategic reserve controlled by the Government. Japan follows this practice and requires its oil companies to carry and maintain a strategic reserve. Additional strategic storage may also be built to supplement such mandated strategic reserves. Regional cooperation in South Asia in this respect can be fruitful. For a country like India, given the uncertainty about benefits, it may be more economical to hold the minimum reserves required to tide over very short-term supply disruptions.
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- 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.