Context

Scholars are revisiting pre-1950 constitutional proposals that offered diverse and often radical visions of democracy, sovereignty, and governance. These early drafts—spanning from 1895 to 1948—highlight the rich constitutional imagination that shaped India’s path to republicanism.

Key Constitutional Drafts and Their Ideologies

1. The 1895 Constitution of India Bill – Liberal Dominion Vision

• Authorship: Attributed to early nationalists like Bal Gangadhar Tilak.
• Features:
  • 110 articles emphasizing individual rights, civil liberties, and legal equality.
  • Inspired by British constitutionalism; aimed for representative government within the Empire, not full independence.
  • Favoured separation of powers, rule of law, and elite-led legal reform.

2. M.N. Roy’s 1944 Draft – Radical Democracy & Participatory Governance

• Ideological Basis: Rooted in radical humanism.
• Highlights:
  • Enshrined popular sovereignty, a Bill of Rights, and even the right to revolt.
  • Advocated linguistic federalism, decentralised power via citizens’ committees, and direct democracy.
  • Balanced civil and socio-economic rights, making them legally enforceable.

3. Hindusthan Free State Act, 1944 – Cultural Nationalism with Secular Safeguards

• Associated With: Hindu Mahasabha.
• Main Features:
  • Proposed a unitary state with “one law, one language, one culture.”
  • Maintained secular protections: no state religion, religious freedom guaranteed, and public funds barred from religious use.
  • Included right to secession and strong emergency powers.

4. Gandhian Constitution (1946) – Ethical Decentralism & Village Swaraj

• Author: Shriman Narayan Agarwal (with Gandhi’s foreword).
• Vision:
  • Advocated village self-rule, khadi economy, trusteeship, and non-violence.
  • Rejected industrial capitalism and formal bureaucracy.
  • Prioritized moral duties over legal rights, though it included the right to bear arms—a paradox within its pacifist tone.

5. Socialist Party Draft (1948) – Marxist Restructuring & Class Representation

• Led By: Jayaprakash Narayan.
• Key Proposals:
  • Called for nationalisation of land and industry, worker-peasant control, and a planned economy.
  • Suggested a unicameral legislature with class-based representation.
  • Focused on economic democracy and gender equality, with less emphasis on judicial structures.

Comparative Ideological Threads

| Governance Style |
• Centralised: Hindusthan Free State (unitary), Socialist Draft (planned economy).
• Decentralised: M.N. Roy (federal, participatory), Gandhi (village republics).

| Economic Vision |
• Gandhi: Minimalist, agrarian self-reliance.
• Roy: Democratic socialism with socio-economic rights.
• Socialist Draft: Marxist economy, class control.
• 1895 & Hindusthan: Silent or secondary focus on economy.

| Civil Liberties & Rights |
• 1895: Liberal freedoms (speech, property).
• Roy: Justiciable civil and economic rights.
• Socialist Draft: Focused on economic equity, less on civil rights.
• Gandhi: Rights subordinate to moral and communal duties.
• Hindusthan Free State: Formal secularism within cultural nationalism.

Influence on the 1950 Constitution

Conclusion

India’s pre-1950 constitutional experiments were intellectually diverse and ideologically rich. Whether it was Roy’s radical democracy, Gandhi’s village utopia, or the Socialists’ class-based restructuring, each draft offered distinctive insights. The final Constitution of 1950, while a product of political consensus, was deeply shaped by these early constitutional dreams—many of which continue to resonate in India’s legal and political imagination today.

Source: The Hindu (TH)