Criticism of the Indian Constitution: Exploring Key Concerns and Debates


Introduction

Criticism of the Indian Constitution on different bases, along with critical investigation of the ideological backbone of the Indian Constitution. Critics feel that the Indian constitution is very lengthy (extra long) and complicated and has some irrelevant parts.

The Constituent debates provide a good awareness of the thinking behind the making of our Constitution and it was even debated considering each article at a time with serving a useful purpose.

In today's article we will talk about Criticism of the Indian Constitution: Exploring Key Concerns and Debates will help aspirants in making answers for the mains paper, UPSC prelims exam, and CADs.

Criticism of Indian Constitution- Grounds of Criticism

Not a Representative Body

The critics criticized the Indian constitution as not having a representative body. So, the member of the Indian constitution is not directly voted by the Indians using their global adult franchise.

Not A Sovereign Body

The critics also said that being a voting member of a community is not a sovereign body. It was only built because of the offers given by the British Government.

The Hindus Dominate the Indian Constitution

Criticisms of the Constitution of India, some critics said that the Hindus dominate it. According to Lord Viscount Simon, it is a system of Hindus only. Winston Churchill clearly expressed that it belongs to only one big party in India.

Indian Constitution Is a Borrowed Constitution

There is not anything latest and original in the Indian constitution for many critics. According to the Critics, the Indian constitution is a bag of borrowings.

Carbon Copy of the Act of 1935

Critics in a way that expresses disapproval examine the ideological bases of the Indian constitution and explain that incorporates maximum laws and clauses from the Indian Government’s 1935 Act in the Indian constitution.

According to Prof. N. Srinivasan, the constitution of India, apply a carbon copy of the Government’s 1935 Act in both cases of material and language.

Anti-India Constitution

One more criticism of the Indian constitution is that it is un-Indian (anti-Indian) because India’s emotions and political conventions are not considered in the Indian constitution.

They said that it does not work in India and also it is not suitable for foreign types of nature in Indian conditions.

Very Long Constitution

Indian Constitution is a very long constitution made up of 145,000 words and 395 articles when it comes into being and it was considered the world’s largest constitution made between 1947 to 1950. Hence, for them Indian Constitution consisting unnecessary elements.

Un-Gandhian Constitution

Critics said that the Indian constitution is an Un-Gandhian constitution as it decreases the principles of Mahatma Gandhi. According to the critics, our constitution should be like district panchayats and villages.

K. Hanumanthaiah said that Mahatma Gandhi never desired this type of constitution.

Lawyers Paradise

Critics thought that the Indian constitution is very legal type.

They say that the legal vocabulary and clause-ology of the constitution make the Indian constitution a difficult document way to understand. Critics also felt that politicians and lawyers ruled the constituent assembly. They said that other social features are not correctly shown.

Sir Ivor Jennings said that Indian Constitution is a lawyer's paradise.

Constituent Assembly Debates

We can divide the Constitutions Debates into four major parts:

Stage Work
Elementary stage (9-12-1946 to 27-01-1948) The guiding principles of the constitution were outlined in the reports submitted by some of the committees like the Committee on Fundamental Rights and Minorities, the Union Powers Committee, etc. Also, a Drafting Committee was formed to draft the Constitution.
First reading (4-11-1948 to 9-11-1948) Establishment of the draft constitution in the Assembly.
Second reading (15-11-1948 to 17-10-1949) The draft was talked about section by section.
Third reading (14-11-1949 to 26-11-1949) The third reading of the Constitution was fully completed and it was staged on 26th November.

FAQs

Q1. What were the criticisms made against the making of the Indian Constitution?

Ans: Critics have criticized the Constituent Assembly in different ways. These are as follows: Not a representative body: Critics have argued that the Constituent Assembly was not a representative body because its members were not directly elected by the people of India on the basis of the universal adult vote.

Q2. What was the trouble faced by the framers of the Constitution?

Ans: The trouble faced by the framers of our constitution were: 1. India was a vast and diverse country. It was not an easy task to make a constitution keeping in mind the needs of all the different regions and groups.

Q3. Who wrote the Constitution of India?

Ans: On August 29, 1947, the Constituent Assembly appointed Dr. B.R. A drafting committee was formed under the chairmanship of Ambedkar to prepare a draft constitution for India.

Updated on: 15-May-2023

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