for Meera bhajans, and declaring the establishment of Ram Rajya as his
political objective. Like the adherents of Hindutva, Gandhi too was not
focally interested in the Constitution at the time it was being drafted. His
physical absence from the Constituent Assembly as well as his intellectual
remoteness from questions of constitutional law meant that the draft
Constitution did not have any ideological competition. This was one of the
key reasons why the Constitution, according to noted Gandhian Kengal
Hanumanthaiah, resembled the ‘music of an English band’.
12
The Colonial Constitution is the story of why a group of freedom-loving
Indians who, having liberated themselves after two centuries of colonial
rule, chose to compose this so-called music of an English band and call it
the Constitution of India. It is a tale of texts that they looked up to as
models and contexts of the fluid nature of Indian politics at the time of the
country’s independence and partition. It features the most outstanding
political leaders of the generation displaying both exalted erudition and
banal sentiment, dashes of originality interspersed with episodes of cautious
copying. It is neither a celebration of the Constitution nor a critique. It is an
origin story that begins on the morning of April Fools’ Day, 1937.
Neelima Shukla-Bhatt, Narasinha Mehta of Gujarat: A Legacy of Bhakti in Songs and Stories
(Oxford University Press 2014), 90.
K.R. Narayanan, ‘“Law and Judiciary” (Speech on the occasion of the Golden Jubilee Celebrations
of the Supreme Court of India, New Delhi, 28 January 2000)’, available on krnarayanan.in.
Lord Bingham of Cornhill, Lord Chief Justice of England and Wales, ‘“Law Day Lecture” (Speech
on the occasion of the Golden Jubilee Celebrations of the Supreme Court of India, New Delhi, 26
November 1999)’, SCC, Vol. 1 (2000): 29.
B.R. Ambedkar, Constituent Assembly Debates, Vol. VII, 4 November 1948.
Granville Austin, The Indian Constitution: Cornerstone of a Nation (Clarendon Press 1966), xi–xiii.
SCC, Vol. 4 (1973): 225.
K.S. Puttaswamy v Union of India, SCC, Vol. 10 (2017): 1.
Madhav Khosla, India’s Founding Moment: The Constitution of a Most Surprising Democracy
(Harvard University Press 2020).
Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts (HarperCollins
India 2019).
M.N. Roy drafted the ‘Constitution of Free India: A Draft’ in 1944. In this draft, all economic
property was to be collectively owned, the right to social security would be guaranteed, and
elected committees of citizens – ‘People’s Committees’ – would have the power to initiate laws,
demand referendums, and recall representatives. M.N. Roy, Constitution of Free India: A Draft
(Radical Democratic Party 1944); Niraja Gopal Jayal, Citizenship and Its Discontents: An Indian
History (Harvard University Press 2013), 143–44.
The Socialist Party of India prepared the ‘Draft Constitution of the Indian Republic’ in 1948,
featuring a foreword by Jayaprakash Narayan, the freedom fighter and political activist. This draft