To write about Dr. Ambedkar’s role in the Constituent Assembly is to write about the history of the evolution of free India’s Constitution. Speaking in the Assembly in the closing stages of its deliberations extending three years, Dr. B. Pattabhi Sitaramayya, the veteran Congress historian, referred to the “steam-roller intellect” that Dr. Ambedkar brought to bear upon “this magnificent and tremendous task of framing the Constitution, irresistible, indomitable, unconquerable, levelling down tall palms and short poppies, whatever he felt to be right he stood by, regardless of consequences.” [1]
In a remarkable speech, on the problems of the Scheduled Castes, delivered in the Conference held by the All India Scheduled Castes Federation at Kanpur (UP) on 29th January 1944, Dr. Ambedkar suggested the Scheduled Caste people that they should share political power with Hindus and Muslims to improve their condition. Only then they will become masters.
At another occasion held at Lucknow on 25th April, 1948, he, while addressing the Scheduled Castes, aptly warned them that they can achieve their salvation if they capture the political power by organising into a third Party holding the balance of power between the rival political parties-Congress and Socialists.
The similar feeling he expressed at his election to the Drafting Committee in 1946. He said:
I came into the Constituent Assembly with no greater aspiration than to safeguard the interest of the Scheduled Castes. [2]
This statement clearly explains the idea behind his interest for Scheduled Castes. But when he was elected the Chairman of the Drafting Committee, he left all his initial interests and contributed himself whole heartedly for giving a constitution to the newly born nation. He gave up all his personal wishes only for the general interest of the nation.
The true Constitutional philosophy of Ambedkar has been fully reflected in the course of Round Table Conference in England and in the Memorandum which he submitted to the Constituent Assembly on behalf of All India Scheduled Caste Federation.
Appreciating the great services rendered by Ambedkar, the chief architect of the Indian Constitution, T.T. Krishnamachari, one of the members of the Constituent Assembly, said in the Assembly, “…the House is, perhaps, aware that of the seven members nominated by you, one had resigned from the House, and was not replaced. One 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 void to that extent. One or two people were far away from Delhi and, perhaps, for reasons of health did not attend. So it happened ultimately that the burden of drafting the Constitution fell on Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.” [3]
It is universally accepted that Ambedkar has made an immense contribution to the philosophy of our Constitution and to the constitutional jurisprudence. But this has led to the belief that Ambedkar was the sole guiding force of the Constitution. He was the chief architect of the Constitution to define the will, goal and the vision of India. He is regarded as the father of the Constitution and the Constitution is his brainchild. Therefore, whatever principles have been incorporated in the Constitution, Ambedkar is regarded as a source of it. [4] Prime Minister Nehru, while paying a tribute to Dr. Ambedkar in the Lok Sabha said that Dr. Ambedkar had played a most important part in the framing of India’s Constitution. He told two facts, firstly he said that Dr, Ambedkar has played a very constructive role in the making of the Constitution even before his election to the Drafting Committee and secondly he told that no one took greater trouble and care over the Constitution making than Dr. Ambedkar. [5]
Dr. M.V. Pylee, the well known Constitutional historian and author, has this to say about Dr. Ambedkar’s contribution to the framing of our Constitution:
In the Constituent Assembly none else was so forceful and persuasive in arguments, clear and lucid in expression, quick and arresting in debate. And yet, he had always the generosity to concede the credit to a critic who made a valid point and to frankly acknowledge it. Ambedkar’s contribution to the Constitution is undoubtedly of the highest order. Indeed, he deserves to be called the father or the chief architect of the Constitution of India. [6]
He was chosen among other equally available members of the Constituent Assembly simply because of the treasure, the treasure of his intelligence, the treasure of his keen knowledge of his subject, his treasure of his interest in constitutionalism and the treasure of his professionalism of being an advocate.
It was in 1946 when he became the Chairman of the drafting committee, Ambedkar emphasised and took initiative and very deliberatively introduced the principle of reservation for dalits in parliament, educational institutions and in government jobs.
The work done by Dr. Ambedkar in various sub-committees of the Assembly was considered very useful and convinced the Congress bosses beyond doubt that the legislation and solidification of freedom would not be easy without the services of Dr. Ambedkar. Consequent upon the partition of Bengal, Ambedkar ceased to be member of the Constituent Assembly. The Congress which had earlier opposed tooth and nail his entry into the Assembly came forward and sponsored his candidature. In his letter dated 30th June 1947, Dr. Rajendra Prasad, President of the Constituent Assembly requested Mr. B.G. Kher, the then Prime Minister of Bombay to elect Dr. Ambedkar immediately. Accordingly, Dr. Ambedkar was re-elected in July 1947 from Bombay as a member of the Constituent Assembly and on 29th August the Assembly unanimously elected him as Chairman of the Drafting Committee which assigned him the task of framing the Constitution. [7]
It is rightly said that the Indian Constitution was the product of Dr. Ambedkar. It was fully influenced by the philosophy of Dr. Ambedkar. He had a vision for future India. When he was elected the Chairman of the Drafting Committee he forgot his personal anxiety and joined hands with the Congress in general and Pandit Nehru in particular as both were ready to sink their differences and agreed to work together for the betterment of the newly born nation. But this does not mean that he had the greed for the position he was offered by the Congress. He was very firm and bold in his demands and whenever he got chances he criticized the government also. For instance on 25th April, 1948 he delivered a speech in Lucknow and asked the Scheduled Castes that:
The Scheduled Castes cannot capture political power by joining the Congress. It is a big organisation and if we enter the Congress we will be a mere drop in the ocean…Congress is a burning house and we cannot be prosperous by entering in it.
This eloquently shows that he was not an opportunist. He entered the Assembly only to safeguard the interest of the Scheduled Castes.
The true Constitutional philosophy of Ambedkar has been fully reflected in the course of Round Table Conference in England and in the Memorandum which he submitted to the Constituent Assembly on behalf of the All India Scheduled Castes Federation. In the plenary session of the Round Table Conference on 20th November 1930, he said:
We must have a government in which the men in power will give their undivided allegiance to the best interest of the country. We must have a government in which men in power, knowing where obedience will end and where resistance will begin, will not be afraid to amend social and economic code of life which the dictates of justice and expediency so urgently call for. [8]
In the memorandum submitted to the Constituent Assembly, Dr. Ambedkar stated that the intention of the Poona Pact to ensure the return of the representatives of the choice of the Scheduled Castes to the legislature has been completely nullified in the elections which took place in February 1946. He pointed out that an analysis of the data proved that the success of the Scheduled Castes candidates in the final election, depended on the choice of the castes Hindus and not on the wishes of the Scheduled Castes. It was also seen that in most cases the candidates who got the maximum votes in the primary elections were not elected in the final elections. [9]
The Constitution of free India, as it emerged from the Constituent Assembly, was chiefly the handiwork of this astute constitutionalist. His role in its making and adoption can be appreciated fully by considering, in an objective way, the nature of the political society he provided for free India and secondly the legal and constitutional restraints upon authority in the form of Fundamental Rights.
There is also a need to examine his role for the upliftment of the minorities in connection with the members of the Constituent Assembly. Why because he had to take into consideration their provisions and their reservations on certain issues. As he observed many a times in the Assembly the attitude of other members for him. There are reasons for that, firstly his was a non-congress man and secondly he was not a staunch follower of Gandhi. There were other members who were jurists, scholars, statesmen, social activists and political leaders in the Assembly but he was given this stupendous task of piloting the Draft Constitution.
CONCLUSION
Observing his role in the Constituent Assembly, Dr. Rajendra Prasad, the President of the Constituent Assembly said:
“Sitting in the Chair and watching the proceedings from day to day, I have realised as nobody else could have, with what zeal and devotion the members of the Drafting Committee and especially its Chairman, Dr. Ambedkar, in spite of his indifferent health, have worked. We could never make a decision which was or could be ever so right as when we put him on the Drafting Committee and made him its Chairman. He has not only justified his selection but has added lustre to the work which he has done…” [10]
The journey of Dr. Ambedkar of coming as a protestant to the Chairman of the Drafting Committee tells his contribution as a true nationalist. He, at that time not only thought for the dalits but also for each and every common man of this country.
Ambedkar the true rebel and rationalist played a major role in the creation of new India. He has shown to the Indians that the goal under the fabric of Constitution is nothing but to establish social, economical and political democracy for the betterment of all Indians. Syamanandan Sahay rightly said in the Constituent Assembly, “The achievement of independence would go to the credit of Mahatmaji and its codification to one of Mahatmaji’s worst critics viz. the great architect of our Constitution, Dr. Ambedkar.” [11]
In this brief article, it is indeed impossible to bring out Dr. Ambedkar’s role in the Constituent Assembly and it cannot be measured within a few pages.
Editors Note – This article was written by Mukesh Kumar Sablania, He is Research Scholar in Dr. K.R. Narayanan Centre for Dalit and Minoritiy Studies, Jamia Millia Isalamia, New Delhi. Also working as a capacity of TGT Social Science at Andhra Education Society Dr. K. Ramesh Babu Memorial School, Sec VII, Pushp Vihar, New Delhi-17