Dr Rajendra Prasad, the Chairman of the Constituent Assembly, in his final speech before the adoption of the Constitution, expressed gratitude to two key members whom he credited for laying down its fundamentals. According to Prasad, these individuals chaired key committees that laid the structural framework of the Constitution.
Yet, as the nation recently marked the 75th anniversary of its adoption, their names were notably absent from the celebrations.
History rightly remembers Jawaharlal Nehru and Sardar Vallabhbhai Patel for their pivotal role in India’s freedom struggle and post-independence governance. However, their contributions to the framing of the Constitution are seldom discussed. During the Constitution Day celebrations held earlier this week, the President of India and the Prime Minister rightly invoked Dr BR Ambedkar (the Chairman of the Drafting Committee) and Dr Prasad. While both leaders referenced Dr Prasad’s concluding speech in the Assembly, they omitted a significant detail: he had also acknowledged Nehru and Patel as key architects of the Constitution.
Prasad was not the only one. The Assembly debates highlight that there was a general consensus amongst the members regarding the significant roles played by the duo. Even the harshest critic of the Constitution, HV Kamath, credited the duo for guiding the Assembly and preventing negative influences. He remarked,
“I found, Sir, besides the nine planets and also the tenth Dasamagraha there were two in one which obviated the malefic influences of the other planets and those planets were Pandit Nehru and Sardar Patel.”
The contributions of Nehru and Patel
The drafting of the Indian Constitution was done in multiple stages, one of which was the appointment of committees to formulate and settle basic principles which would be incorporated as provisions in the Constitution. The main committees included the Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas, the Provincial Constitution Committee, the Union Constitution Committee, and the Union Powers Committee. The first two were chaired by Patel while the latter by Nehru. These Committees played a decisive role in determining the questions of fundamental rights, protection of minorities, system and form of government at provincial level, the federal structure of the country, and the powers of the Union executive and the legislature.
Once the committee reports were tabled in the Assembly, a Drafting Committee was appointed, which transformed these proposals into provisions. In fact, the first draft of the Constitution prepared by Sir BN Rau (Advisor to the Assembly) was based on the recommendations of these Committees. This draft was later refined under Dr Ambedkar's leadership and formally presented to Dr. Prasad on February 21, 1948, before being introduced in the Assembly on November 4, 1948. Therefore, it is fair to say that Nehru and Patel had a key role to play in devising the structure of the Constitution.
Nehru in particular was responsible for laying down the values enshrined in the Preamble of the Constitution, which were inspired from his famous Objective Resolutions introduced on December, 13 1946. In his final speech in the Assembly, Dr Prasad credited Nehru by remarking that his Objective Resolutions operated as ‘terms of reference’ for the Assembly and constituted the Preamble. Similarly, Patel was responsible for ensuring key provisions concerning electorates, privy purses and citizenship.
Early judicial recognition and fading political memory
In the early years of independence, the courts often referred to speeches of Nehru and Patel to interpret the Constitution. For instance, the landmark decision of Kesavananda Bharti v. State of Kerala, which established the basic structure doctrine, is replete with references to speeches delivered by Nehru, Patel and Ambedkar to interpret the Preamble and the amending procedure. In fact, Chief Justice Sikri described Nehru and Ambedkar as the ‘Chief Architects of the Constitution’ in his judgment.
Yet, over time, the contributions of Nehru and Patel to the Constitution have faded from public discourse, particularly in the political arena. While delivering the Sardar Patel Memorial Lecture on January 4, 1988, Justice DA Desai of the Supreme Court observed,
"Patel’s contribution to the framing and shaping of the Indian Constitution appears to have escaped the attention of writers on constitutional history, admirers and followers at large."
Similarly, constitutional scholar AG Noorani emphasised the foundational contributions of Nehru, Patel and Ambedkar in establishing India’s parliamentary democracy, federal system, independent judiciary and fundamental rights - principles later recognised by the Supreme Court as part of the basic structure.
Conclusion
The Constitution of India is a labour of many stalwarts which include not just founding fathers but also founding mothers who enriched the constitutional discourse through their immense knowledge and life experiences. Unfortunately, there is inadequate literature studying the contributions of these individuals. As the nation celebrates 75 years of its Republic, it is important to devote scholarship on the Constitution and celebrate its framers. The celebrations should be free from political biases as one cannot accept the Constitution as supreme on one hand but reject certain framers who shaped it.
To do so, we should draw inspiration from Dr Ambedkar’s final speech in the Assembly, where he graciously recognised the contributions of everyone in the Assembly – friends and foes. His humility highlights the greatness of the man who believed that honouring the work of others enhances, rather than diminishes, one’s own legacy.
Swapnil Tripathi is an Advocate and a DPhil (in Law) Student, University of Oxford. He tweets at S_Tripathi07.