Need, and Writing the Constitution for Free India. (On the eve of celebration of the 77th Indian Republic Day falling on 26th January,2026) Compiler: Er. H. R. Phonsa India was freed on 15th Agust,1947 from the Britishers after nearly 200 years of their rule. At the time of independence, nearly 60% of its territory was under direct rule of Britishers and remaining over 40% was ruled by the Native Princely ruled (nearly 584) states. At the time of Indian independence, India, was 7th big country of this world, have spread over3.287 million Sq. cometographical area. It was in habituated by 330 million population. Its people followed main 9 religions, speaking over 19500 languages and dialects. To govern this much big country with incalculable problems, divergent religious faiths, it needed a workable form of government. It also had to amicably decide the fate and relation with Native Princely rulers who have enjoyed Sovern governing powers with in their kingdoms while maintaining internal autonomy but recognized British authority for defence and foreign affairs. They needed human mindset and political vision of new Indian government to decide their fate in free India. So as per Cabinet Mission of August ,1946, elections to Provincial Assemblies were held and a committee of 389 elected representatives were appointed to frame the free India’s Constitution with 93 representatives of the Native kings and 4 representatives from the Chief Commissioners were nominated. The team included 73 members from the All-India Muslim League (IML). With India’s division into two Independent Unions e.g. India and Pakistan, there remained 299(193 Hindu incl. 33 SC members to frame Constitution of India. It was represented by 13 women, with Shrimati Dakshayani Velayudhan from SC communities. On division of Indian Union, the native kings were given three options like either joining India or Pakistan or remain independent. Three kingdoms Hyderabad, J&K, Junagarh) opted to remain independent in the first instant, but later became part of India, by Police Action of Hydrabad, Accession of Kashmir and take over of Junagarh through plebiscite, when India got 222,184 votes and Pakistan 130 votes, out of total population of 720,000. The job of drafting constitution of free India was started in right earnest, when twenty -Two committees, with 8 as major and 14 as minor were formed to frame Constitution for free India. Baba Saheb Bhim Rao Ambedkar was nominated to head the Constitution Drafting Committee by Dr. Rajinder Prasad’, who was nominated to head the Constitution framing committee as he the first President India. Choice of type of Government: There exited a variety of government in the world and India had to choose one from them. Democratic: Direct Democracy, Representative Democracy (Republic Government, Parliamentary Government), Constitutional monarchy Non-Democratic: Authoritarian, Totalitarian, Oligarchy, Technocracy, Theocracy, Dictatorship, Absolute monarchy, Semi-presidential republic, one-party communist state. Other Types: Autocratic, Coloristic. India had the experienced major types of such governments during different times. Till, first century it had democratic typed governments. The Sangha were Parliaments which knew and observed all the rules of Parliamentary Procedure known to modern times. They had rules regarding seating arrangements, rules regarding Motions, Resolutions, Quorum, Whip, Counting of Votes, Voting by Ballot, Censure Motion, Regularization, Res Judicata (a matter judged), etc. It has seen monarchical rules of kings, where King was Judge, policeman, administer, treasury officer, executor and forgiver of punishments. If a king or his representative committed mistake and unjustified cruelty there was no remedy available, as king was not answerable to any other authority. Raja was beyond the approach of poor and uninfluential persons as he remained surrounded by his relatives, sycophants wazirs, religious peers, army, police heads etc. Kings were from caste conscious family’s hierarchy or by military rebellions. Their main concern was protection of their territories, concern for their personal comforts strictly follow their family and religion norms and worked for progress of such concerns. Well-fair of masses was seen as their last worry. Masses suffered due to irrational and strict religious rules. In past world had witnessed in some country’s theocracy rule, where the ultimate leader is a supreme deity, who rules either directly as a god in human form or indirectly through mortal servants—typically a religious clergy—who ruled on the deity’s behalf. With their laws based on religious codes and decrees, the governments of theocracies serve their divine leader or leaders rather than the citizens. As a result, theocracies were often oppressive in function, with strict rules and harsh punishments for rule-breakers. In the past the religious clergies, confidents of kings troubled intectual’s like Galileo, Socrates, Plato, Haqiqat Rai, Sarmad, Guru Tej Bahadur along with his young grand- sons ,Guru Arjun Dev, Sham- buke and many more were put to death for uncontested crimes. Even the success of government based on Russian and China type Communists governments, in major Hindu religion divided in numerous castes based, practising untouchability like hates was thought to be impactable in modern time of science-based advancing world. Irrational laws were resisted by men of wisdom who expounded rational reformative ways like Bhagati and Protestant Movements, till now, their teaching are not accepted by irrational religion peers. Majority of above given types of government were not suited to India, as it had majority population of illiterates (12% literacy with males 19% literates), uninfluential, poor, caste supressed and segregated masses, who needed equality in social, economic fields and dignified rational law-based government, their long-time cherished dream. Prime Minister Pt. Nehru suggested the name of Sir Ivor Jennings (1903-1965) a British lawyer, to frame Indian Constitution. But the proposal was not approved by Mahatma Gandhi, who wanted a native Indian to be assigned such an important work to maintain country’s image that it can manage its affairs in its own way. Mahatma Gandhi suggested Dr. Ambedkar’s name for the Constitution writing, he knew the wisdom of Dr. Ambedkar a highest economist with D. Sc from London University and top jury with Bar-at-Law from Gray’s Inn London. Although Dr. Ambedkar and Mahatma Gandhi were severe critics of each other in respect of politics and empowering Depressed classes in all life sphere’s, still they carried respect for each other in their private life for each other’s wisdom, sacrifices and commitments for Indian welfare and human values. Dr. Ambedkar who was assigned the job of Drafting Constitution for India was a top world class academician, having studied in world’s top and reputed Institutions and had earned his D.Sc. (London), M.A., Ph.D., and LL.D. (Columbia), D.Litt. (Osmania), and Bar-at-Law (London) besides many Honorary Degrees from world famous institutions of learning. He had studies 64 subjects, knew 10 languages besides studying world’s Constitutions and meeting world constitution authorities. He also had mass following of poor, depressed, supressed, neglected, illiterate, naked, ill fed human like Skelton of mass. But they were numbered millions, about 20% of Hindu Population. He was world class writer, economist, jurist and administrator, who had served on high positions in India including the Labour Member of Viceroy’s council besides having his own political party “All India Scheduled Castes Federation”. For drafting constitution of free India, the most important committee was the Constitution drafting Committee of seven members, headed by Dr. Ambedkar, the first Law Minister of free India was formed formulated on 29 August,1947, with primary duty to scrutinize and frame the Constitution. The committee worked under challenging circumstances to prepare a comprehensive exclusive legal frame work for free India. First draft copy of the Constitution was submitted on 21st February 1948. The committee worked dedicatedly for 2 years,11 months and 18 days to draft it. The final copy was submitted on 26th November,1949 of the world’s voluminous Constitution with 117369 words, and 234 pages and costing to Nation Rs 6.4 million. It contained initially 395 Articles in 22 parts and 8 Schedules The constitution drafting committee adopted democratic type government for India to be elected, every five years, through adult franchise. It was debated and adopted as the best form of government out of all forms of governments known to rule India. Now, no individual was singly powerful in governing arrangements envisaged, as real power lied with masses, in equal proportion as individual. Democracy is top choice of governance, as in 2024 in the 195 world countries 71 have democracies with India largest of all. The Preamble: It is mirror and scale to view and measure, the actions of governments, whether they are following constitution correctly or not, in their working and policies of constitutional promises of chieving the set goals of governance, to make India a welfare state. It was defined, by eminent Indian jurists, N.A. Palkhivala as the “Identity Card of the Constitution” and K.M. Munshi as, the “Political Horoscope of the Constitution”. The Preamble reads as: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. The Preamble page along with all other pages of our constitution were designed and decorated by Beohar Rammanohar Sinha of Jabalpur. As such, the page bears Sinha's short signature “Ram” in Devanagari lower-right corner. The calligraphy was done by Prem Behari Narain Raizada. The Preamble articulates the key objectives and aspirations that the Constitution promises to fulfil, Justice, upholding Liberty, ensuring Equality and dignity of the individual and assuring Fraternity.... . Our Constitution stresses to grow Fraternity among all with Equality and dignity of every individual. The addition of “Socialist” was adopted through the 42nd Amendment in 1976 and it reflects India’s commitment to achieving social and economic equality where there is an equitable distribution of wealth, resources, and opportunities, aiming to reduce economic inequalities among citizens. The declaration of India as a “Secular” state in the Preamble emphasises that the state does not have an official religion, all religions are equal irrespective of the strength of any one religion. It ensures that all religions are treated with equal respect.... and every individual has the right to follow and propagate religion of his /her choice. It separates religion from the State affairs. The term “republic” signifies a form of government where the head of state is elected by the people or their representatives, rather than being hereditary or appointed based on lineage. The term “justice” signifies the commitment of the Indian state to ensure social, economic, and political justice for all its citizens. The term ‘liberty” means the absence of restraints on the activities of individuals, along with providing opportunities for individual growth and development. The term “equality” means the absence of special privileges for any section of society and the provision of adequate opportunities for all individuals without any discrimination on the basis individual’s family likage, caste, creed, colour, economic status, place of birth and education slandered. The term “fraternity” emphasizes the importance of fostering a sense of brotherhood and unity among all citizens. For the pledge “WE THE PEOPLE”, H.V Kamat in October,1949, with some other members moved an amendment for it with the words “In the name of God”, but it was rejected by other members. Our Constitution is a living and working even without the name of “God”, in its body, and despite 106 amendments in it, it has not lost its authority and supremacy to exercise control over its Legislature, Executive, Judiciary wings, to give practical shape on ground to the promises made in the Preamble. Still God is Omnipresent and Almighty in religious faith of all. The speeches of Gandhi outside of the Constituent Assembly and of Pt. Jawahar Lal Nehru and Dr. B. R. Ambedkar in the Constituent Assembly made it clear that the State was the State, Religion was Religion, and the two were not to mix. Perhaps such government commitments towards its citizens welfare have never happened in foreseeable past. The Supreme Court of India, in its various judgments, has referred to the Preamble as the philosophy or the soul of the Indian Constitution, as it encapsulates the fundamental values and goals. It has also said that the basic structure of the Preamble cannot be amended. (Ref: Legal Service India https://www.legalserviceindia.com › legal) Despite the fact, Free Indian Constitution is having incorporated all excellent promises for developing India a welfare state, still Dr. Ambedkar in his speech on 25 November,1949 in the Constitution Assembly, gave warning to the political bosses to be care full for the success of the Constitution. He said, “I shall not therefore enter into the merits of the Constitution. Because I feel, however good a constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution. The Constitution can provide only the organs of State such as the Legislature, the Executive and the Judiciary. The factors on which the working of those organs of the State depends are the people and the political parties they will set up as their instruments to carry out their wishes and their politics”. It is the duty of every Indian (Male-Female), high or low, civilian or politician including men in uniform or men with plough, basket and shovels including all others professing any profession or trade, to “re-pledge”, to work toward the success of our constitution, to make India a welfare state as envisaged by framers of our Constitution. Besides enjoying their Constitutional Rights, they must faithfully discharge their duties towards our “Mother Land India.” Only then we can maintain integrity, unity, and welfare of all its citizens to help grow fraternity goal among all countrymen. So let us pledge on our 77th that we shall follow the cannons of law of the country as enshrined in our Constitution for all besides following our religious faiths as out individual faiths, separate from Constitutional working areas.