The Spirit of the Constitution: From the perspective of Dr. BR Ambedkar

“Constitution is not a mere lawyers’ document, it is a vehicle of life,

And its spirit is always the spirit of age”- Dr. B.R. Ambedkar

Perhaps, India's most remarkable achievement after the attainment of independence was framing the Constitution within three years from December 1946 and November 1949. The Constituent Assembly was fortunate to have many distinguished statesmen, freedom fighters, intellectuals, and patriots coming from several spheres of life and representing India's most of the regions, interests, social groups, and political parties. One such distinguished statesman and intellectual who was called upon to play a significant role in the making of India's Constitution was Dr. Bhim Rao Ambedkar. He was persuaded by the leaders of the Indian National Congress at the suggestion of Mahatma Gandhi to accept the Chairmanship of the Drafting Committee of the Constituent Assembly. Dr. Ambedkar took the responsibility of the Chairmanship of the Drafting Committee and raised the expectations of the Constituent Assembly and the people of India.

The text prepared by Ambedkar provided constitutional guarantees and protections for a wide range of civil liberties for citizens, including freedom of religion, the abolition of untouchability, and the outlawing of all forms of discrimination. Ambedkar argued for women's extensive economic and social rights and won the Assembly's support for introducing a system of reservation of jobs in the civil services, schools, and colleges for members of scheduled castes and scheduled tribes and Other Backward Classes, a system akin to affirmative action. India's lawmakers hoped to eradicate the socio-economic inequalities and lack of opportunities for India's depressed classes through these measures.

During his tenure as the chairman of the Constituent Assembly, he strongly opposed the implementation of Article 370, which granted special status to the State of Jammu and Kashmir. However, this article was implemented against his wish. During the Constituent Assembly debates, Ambedkar demonstrated his will to reform Indian society by recommending the adoption of a Uniform Civil Code. Ambedkar resigned from the cabinet in 1951, when parliament stalled his draft of the Hindu Code Bill, which sought to enshrine gender equality in the laws of inheritance and marriage. Not only this, he was one of those who strongly supported the idea that Indian polity should be called a "Union of States" and not a federation. He labored day in and day out for writing the Constitution of free India, incorporating its liberty, equality, and justice.

Ambedkar's distinct contribution in this regard lies in the fact that he could overcome the temptation to be guided by rigid principles and provide for a system that would suit and work well. He also had the vision and forethought to look beyond the needs of a society that had a divisive tendency. No wonder Ambedkar provided for a more vital Center to overcome difficulties in the future which was the maximum he could do in the given circumstances. While providing a flexible federation, Ambedkar avoided the extremes and followed the golden mean between the unitary and federal forms. He discharged his duty with a great sense of responsibility not only to the House but also to the posterity.

“If you ask me, my ideal would be the society based on liberty, equality, and fraternity. An ideal society should be mobile and full of channels of conveying a change taking place in one part to other parts”- Dr. B.R. Ambedkar