Constituent Assembly

The issue of the national language was one of the most contentious and passionately debated ones by members of the Constituent Assembly. The significance of this debate lies in the way the members imagined India as a nation, articulated regional and linguistic identities, and sought to build unity of purpose to lay the foundations of modern India. The debates revealed a divide between North and South India, and took on communal undertones too. The eventual choice of Hindi could be pushed through due to the numerical strength of the supporters of the language. This paper will unravel the varying standpoints of participants in this debate.

History’s silence resonates in the textual silence of the Indian Constitution on the immense scale of violence and exodus accompanying the partition of the subcontinent, despite the contemporaneity of partition and constitution writing. Clearly discernible on a closer reading of the Constituent Assembly's debates are implicit influences of partition on key constitutional decisions, such as citizenship, political safeguards for religious minorities and provisions creating a strong central tendency in the union. The constitutional memory of partition, as a freak occurrence for which the "outsider" was to be blamed, resembles the understanding of official historiography. Behind these common registers of memory lie powerful nationalist narratives of identity and unity, which indicate a deep and abiding connection between constitutional amnesia and nationalism.

In the name of democracy, the constituent assembly of India adopted certain specific individual and collective rights to religion. Democracy, however, is not just about rights; another integral component of democracy is representation. This essay argues that the granting of a range of individual and collective religious rights to the minorities was used, in the constituent assembly, to justify the refusal of their demand for more adequate mechanisms of representation, for instance, for proportional representation or for reserved seats in the legislatures.