Constitution Difference Draft

 

 

There were notable differences between the draft Constitution prepared by B.N. Rau, the constitutional advisor, and the final version of the Indian Constitution. While B.N. Rau's draft laid the foundation, it was significantly modified during the debates and deliberations of the Constituent Assembly, primarily under the leadership of Dr. B.R. Ambedkar, the Chairman of the Drafting Committee.

Here are the major differences and points of modification:

1. Fundamental Rights:

  • B.N. Rau's draft: Contained fundamental rights but was less specific about enforceability. For example, it included "Directive Principles of Social Policy" rather than enforceable fundamental rights.
  • Final Constitution: The Constituent Assembly significantly expanded and detailed fundamental rights, making them justiciable (enforceable by courts) and adding provisions for remedies (Article 32).

2. Directive Principles of State Policy (DPSPs):

  • B.N. Rau's draft: Focused more on general principles of governance, without explicitly dividing them into rights or duties.
  • Final Constitution: These principles were expanded into a distinct section (Part IV) to guide the State in policymaking, inspired by the Irish Constitution. However, DPSPs were made non-justiciable.

3. Parliamentary Structure:

  • B.N. Rau's draft: Suggested a parliamentary system, but the specifics of the President's role, powers of the Prime Minister, and bicameralism were not fully detailed.
  • Final Constitution: The parliamentary structure was made more robust and explicit, with a ceremonial President and a strong Council of Ministers headed by the Prime Minister, clearly following the Westminster system.

4. Language of the Constitution:

  • B.N. Rau's draft: Recommended English as the language for legislative, judicial, and administrative purposes, without much elaboration on India's linguistic diversity.
  • Final Constitution: Reflected extensive debates on the language issue, resulting in the inclusion of Hindi as the official language (Article 343), with English continuing as an associate language for an initial 15 years (later extended indefinitely).

5. Emergency Provisions:

  • B.N. Rau's draft: Had vague or limited provisions regarding emergencies and the suspension of rights.
  • Final Constitution: Added detailed emergency provisions (Part XVIII, Articles 352–360) allowing the suspension of fundamental rights during emergencies, reflecting the need for centralized control in times of crisis.

6. Reservation and Social Justice:

  • B.N. Rau's draft: Provided limited provisions for social justice or affirmative action.
  • Final Constitution: Introduced reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and later Other Backward Classes (OBCs), making social justice a cornerstone of Indian democracy.

7. Length and Detail:

  • B.N. Rau's draft: The draft was shorter and less detailed, leaving room for flexibility and interpretation.
  • Final Constitution: Became one of the longest written constitutions in the world, with detailed provisions covering governance, administration, rights, duties, and procedures to prevent ambiguity.

8. Representation of Women and Minorities:

  • B.N. Rau's draft: Lacked specific provisions for protecting women’s rights or detailing minority safeguards.
  • Final Constitution: Strengthened protections for minorities and introduced special measures for women’s representation and empowerment.

9. Judicial Review:

  • B.N. Rau's draft: Advocated limited judicial review to avoid courts interfering too much with legislative powers.
  • Final Constitution: Retained and strengthened judicial review, making it a key feature of Indian democracy for safeguarding fundamental rights.

10. Federal Structure:

  • B.N. Rau's draft: Proposed a more centralized structure with fewer powers for the states.
  • Final Constitution: Adopted a quasi-federal structure, balancing powers between the Union and States (with provisions for cooperative federalism).

Conclusion:

The draft prepared by B.N. Rau was an excellent starting point, incorporating global best practices and principles from other constitutions (e.g., UK, USA, Ireland). However, the Constituent Assembly's debates made the final Constitution more inclusive, detailed, and suited to India's diversity, history, and socio-economic challenges. Rau’s work was foundational, but the final document reflected a deeper political, social, and cultural understanding of India.

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