Indian Constitution: Dr. Ambedkar’s Legacy
Dr.Ambedkars greatest gift to Indian is undoubtedly constitution of India-an enduring legacy he left to us. This is acknowledged by many great people including Dr.Shashi Tharoor who paid glowing tribute to Dr.Ambedka : “He was an extraordinary Indian who became India’s James Madison as the chair of the Constitution Drafting Committee who left his greatest gift to all communities,the constitution of India –a legacy that belong to all of us ,and one of which we are yet to prove ourselves wholly worthy.”The careful study of his contribution in constituent assembly debates(chapter VII)and as the chief Architect of Indian Constitution(chapter VII)will facilitate readers to understand his legacy.
Time has come for all Indians,including our parliamentarians, especially against the backdrop of “India against Corruption”movement,to strive for becoming worthy of the legacy left by Dr.Ambedkar.One of the legacies of Alexander Hamilton,American statesman and constitutional lawyer was his interpretation of American constitution.Likewise,one of Dr.Ambedkars legacies was his interpretation of Indian constitution during Constituent Assembly Debates.He is the most frequently quoted authority on Indian constitution and democracy just as Montesquieu was quoted on government and politics in colonial pre-revolutionary British America.
Dr.Ambedkar valued spirit of constitution more than the written text If the spirit of constitution has face and voice, can it be said that they belong to Dr.Ambedkar? Yes,they do .That, for Dr.Ambedkar,democratic principles and emancipation of downtrodden was inseparable is expressed in the provision of Indian constitution.
LEGAL BASIS OF INDIAN CONSTITUTION:
Though legal basis of Indian Constitution ,as the general perception goes ,is a settled issue ,this topic is again cropped up with the publication of the book “Comparative Constitutional Low:Festschrift in honour of professor P.K.Tripathi”edited by Mahendra P.Singh,Easter Book Company,second edition,2011.
According to the editor Mahendra singh, prof.P.K.Tripathi had unflinching faith in the autochthony (indigenous people, that is,the people behind the constitution)of the constitution and its source in the people of India.He entertains no doubt whatsoever that constitution was the result of the long, hard fought battle for Independence of the people of India and presented their aspirations and vision for Indian society.Therefore,he stoutly refuted any argument that the legal basis of the constitution was the Indian Independence Act,1947,or that the opening words“We,the people of India“in the preamble to the Constitution were “a flourish”.He believed that it was the Constituent Assembly’s conviction that it had the full support and backing of the people of India,and therefore,it was please to mention in the preamble that“We,the people of India”(meaning that people of India)had made this constitution.
He further argued that no court had,therefore the power to question the accuracy of the assertion in the preamble that the constitution is the creation of the people of India themselves.”
(for more info please read following book published by Bhashya Prakashan Mumbai )
Source : HUMAN RIGHTS & INDIAN CONSTITUTION: DR.B.R.AMBEDKAR’S ENDURING LEGACIES
AUTHER – DR.S.S.DHAKTODE ; PUBLISHED BY BHASYA PRAKASHAN –MUMBAI
