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Challenges in Drafting of Our Constitution

Challenges in Drafting

While there’s plenty of information available on legislative drafting, the process of drafting constitutions or constitutional provisions has largely been overlooked. Many people tend to assume that drafting constitutional provisions is similar to drafting regular laws. Although this assumption might hold true in some aspects, drafting constitutional provisions comes with its own set of unique challenges, both in terms of content and style. These challenges demand the use of specialized techniques to find effective solutions.

What are the challenges involved in drafting the constitution?

  • Multiple Roles: The Constituent Assembly had a tough job. By day, it functioned as the nation’s parliament, and in the afternoons, it transformed into the Constituent Assembly. This dual role demanded not only crafting a new government but also dealing with challenges like communal tensions, the daunting task of partition, and the influx of refugees.
  • Constituency: Originally planned for 296 members, the Constituent Assembly had to make do with 210, as some members chose to boycott. However, prominent leaders like Dr. Ambedkar remained committed to creating an inclusive environment, hoping to encourage the absent members to participate in the future.
  • Crafting a Delicate Constitution: Despite these formidable hurdles, our Constitution framers meticulously crafted a document that defined who we are as a nation – “We the People,” where all citizens were recognized as citizens, not subjects. This Constitution aimed to shape a nation that guarantees the freedom of thought, expression, belief, faith, and worship, while ensuring equality of status and opportunity for all.

How India’s constitution is unique in comparison with other constitutions?

  • Compensation for Historical Discrimination: India’s constitution recognizes the need for compensating those who have suffered from caste-based discrimination, shaping the lives of countless Indians today and in the future. In contrast, the United States Constitution lacks provisions for reparations in response to its history of slavery.
  • Inclusive Representation: India’s constitution serves as a powerful tool for marginalized communities to have their voices heard and seek justice for past injustices. It fosters a sense of allegiance to the constitution among these communities, ensuring their inclusion in the national discourse.

What should be the responsibility of Indian citizens?

Tom Ginsburg, who extensively analyzed 935 different constitutional systems across 200 nations, made a noteworthy observation. On average, a constitution tends to last about 17 years. However, the Indian constitution is now thriving in its 72nd year. It’s vital for Indians to not assume that this endurance is guaranteed. The Indian constitution’s remarkable longevity is a result of the strong commitment to enhancing each individual’s freedom.

Read Also: Constitution, Constitutionalism & Constitutional law

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