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History · Ch 12 — Framing the Constitution — The Beginning of a New Era

“We were suppressed for thousands of years”

12.3

“We were suppressed for thousands of years”

The Constituent Assembly’s debates on social justice were not just about abstract rights — they were a direct response to centuries of brutal oppression. When B. R. Ambedkar spoke of being “suppressed for thousands of years,” he was describing a condition where the minds, bodies, and even hearts of the oppressed had been broken. The Partition violence had changed the political landscape, and by the time the Assembly met, Ambedkar himself had abandoned the demand for separate electorates for Dalits. Instead, the Assembly recommended three concrete measures: the abolition of untouchability, the throwing open of Hindu temples to all castes, and the reservation of seats in legislatures and jobs in government offices for the lowest castes.

Yet many members recognised that constitutional legislation alone could not erase social discrimination. Attitudes within society had to change. The measures were welcomed by the democratic public, but the deeper problem of prejudice remained.

Note

The shift from separate electorates to reservation was a major political compromise. Ambedkar had earlier demanded separate electorates for Dalits at the Round Table Conferences (1930–32), but the Poona Pact (1932) had already replaced that with reserved seats. By 1947, Partition made the idea of separate electorates for any community politically unviable.

“We want removal of our social disabilities”

Dakshayani Velayudhan from Madras made a powerful intervention. She argued that what the “seventy million Harijans” needed was not a long list of safeguards, but a single moral safeguard — the immediate removal of their social disabilities. She refused to accept that Dalits should be treated as a permanent minority. Her point was that the problem was not one of numbers or political representation, but of social exclusion.

Hansa Mehta of Bombay spoke for women in similar terms. She demanded justice, not privileges. Women had never asked for reserved seats or separate electorates. What they wanted was social, economic, and political justice — the equality that alone could form the basis of mutual respect and real cooperation between men and women.

Important

Both Dakshayani Velayudhan and Hansa Mehta rejected the idea of separate electorates or special privileges. They insisted that what the oppressed needed was not charity or protection, but the removal of the barriers that denied them equality.

The debate on tribal rights

The textbook text does not reproduce Jaipal Singh’s arguments in full, but the discussion question asks what different arguments he put forward for protective measures for tribals. From the broader context of the Constituent Assembly debates, Jaipal Singh (a tribal leader from Jharkhand) argued that tribals were the original inhabitants of the land, that they had been systematically dispossessed and exploited, and that they needed special protections — including reserved seats and safeguards for their land, forests, and cultural autonomy — because they were not merely a minority but a distinct people with a unique way of life that needed to be preserved.

The powers of the state

The debate on the powers of the Centre versus the states was one of the most vigorously contested topics in the Assembly. The Draft Constitution provided for three lists of subjects:

ListAuthorityDescription
Union ListCentral GovernmentSubjects exclusively under central control
State ListState GovernmentsSubjects vested with the states
Concurrent ListShared responsibilityBoth Centre and states could legislate

Many more items were placed under exclusive Union control than in other federations, and more items were placed on the Concurrent list than the provinces desired. The Union also controlled minerals and key industries. Article 356 gave the Centre the power to take over a state administration on the recommendation of the Governor.

The Constitution also mandated a complex system of fiscal federalism:

  • Taxes where the Centre retained all proceeds: customs duties, company taxes
  • Taxes shared between Centre and states: income tax, excise duties
  • Taxes assigned wholly to states: estate duties
  • Taxes states could levy and collect on their own: land and property taxes, sales tax, and the hugely profitable tax on bottled liquor

“The centre is likely to break”

K. Santhanam from Madras defended the rights of the states most eloquently. He argued that a reallocation of powers was necessary to strengthen both the states and the Centre. He warned against the obsession that adding all kinds of powers to the Centre would make it strong. If the Centre was overburdened, it could not function effectively. By transferring some functions to the states, the Centre could actually be made stronger.

Santhanam also argued that the fiscal provisions would impoverish the provinces. Most taxes, except land revenue, had been made the preserve of the Centre. Without finances, how could states undertake development projects? He did not want a constitution where a unit had to come to the Centre and say, “I cannot educate my people. I cannot give sanitation, give me a dole for the improvement of roads, of industries.” He predicted that in a few years, all the provinces would rise in “revolt against the Centre.” A member from Orissa warned that “the Centre is likely to break” because powers had been excessively centralised.

“What we want today is a strong Government”

The argument for greater power to the provinces provoked a strong reaction. The need for a strong centre had been underlined repeatedly since the Assembly began. Ambedkar had declared that he wanted “a strong and united Centre (hear, hear) much stronger than the Centre we had created under the Government of India Act of 1935.” Members reminded the Assembly of the riots and violence ripping the nation apart — the powers of the Centre had to be strengthened to stop the communal frenzy.

Gopalaswami Ayyangar declared that “the Centre should be made as strong as possible.” Balakrishna Sharma from the United Provinces reasoned that only a strong centre could plan for the country’s well-being, mobilise economic resources, establish proper administration, and defend against foreign aggression.

Before Partition, the Congress had agreed to grant considerable autonomy to the provinces — this was part of an effort to assure the Muslim League that within provinces where the League came to power, the Centre would not interfere. After Partition, most nationalists changed their position. The earlier political pressures for a decentralised structure were no longer there. A unitary system was already in place, imposed by the colonial government. The violence of the times gave a further push to centralisation, now seen as necessary both to forestall chaos and to plan for economic development. The Constitution thus showed a distinct bias towards the rights of the Union over those of its constituent states.

Watch out

Do not confuse the pre-Partition Congress position (favouring provincial autonomy to accommodate the Muslim League) with the post-Partition position (favouring a strong Centre). The change was a direct consequence of Partition and the violence that followed.

The language of the nation

The language issue was debated over many months and often generated intense arguments. How could the nation be forged when people in different regions spoke different languages, each with its own cultural heritage? How could people listen to each other if they did not know each other’s language? …

Source 7“We want removal of our social disabilities”

Source 7 — "We want removal of our social disabilities". Dakshayani Velayudhan, a member from Madras, on the Depressed Castes (CAD, Vol. I):

What we want is not all kinds of safeguards. It is the moral safeguard which gives protection to the underdogs of this country … I refuse to believe that seventy million Harijans are to be considered as a minority … what we want is the … immediate removal of our social disabilities. …

Source 8The plea of Jaipal Singh for the tribals

Source 8 — The plea of Jaipal Singh for the tribals. The Adibasi leader Jaipal Singh, welcoming the Objectives Resolution:

… as an Adibasi, I am not expected to understand the legal intricacies of the Resolution. But my common sense tells me that every one of us should march in that road to freedom and fight together. Sir, if there is any group of Indian people that has been shabbily treated it is my people … neglected for the last 6,000 years … and yet I take Pandit Jawaharlal Nehru at his word … that now we are going to start a new chapter … of independent India where there is equality of opportunity, where no one would be neglected. …

Case Study 3Women members of the Constituent Assembly

Women members of the Constituent Assembly. The Assembly included fifteen women members, among them:

MemberConstituency
Ammu SwaminathanMadras / General
Annie MascareneTravancore–Cochin Union
Begum Aizaz RasulUnited Provinces / Muslim
Dakshayani VelayudhanMadras / General
G. DurgabaiMadras / General
Hansa MehtaBombay / General
Rajkumari Amrit KaurCentral Provinces and Berar / General
Sarojini NaiduBihar / General
Sucheta KripalaniUnited Provinces / General
Vijayalakshmi PanditUnited Provinces / General