Why in news?
Researchers and public intellectuals revisited pre‑independence constitutional drafts in July 2025. Texts such as the 1895 Constitution of India Bill, M.N. Roy’s 1944 draft and other proposals offered alternative visions of governance, democracy and rights long before the Constitution of 1950 was adopted.
Key drafts and their ideas
- The 1895 Constitution of India Bill: Attributed to early nationalists like Bal Gangadhar Tilak, this document proposed 110 articles inspired by British liberalism. It emphasised individual rights, civil liberties and legal equality within a dominion model, favouring separation of powers and the rule of law rather than full independence.
- M.N. Roy’s 1944 Draft: Developed by the Radical Democratic Party, it advocated popular sovereignty and participatory democracy. It included a robust Bill of Rights, the right to revolt, linguistic federalism, decentralised citizens’ committees and socio‑economic rights made legally enforceable.
- Hindusthan Free State Act (1944): Linked to the Hindu Mahasabha, this proposal envisioned a unitary “Hindusthan” with one law, one language and one culture. Yet it guaranteed freedom of religion, prohibited a state religion and allowed provinces to secede, balancing cultural nationalism with constitutional secularism.
- Gandhian Constitution (1946): Authored by Shriman Narayan Agarwal, it proposed a confederation of self‑reliant village republics (Gram Swaraj) based on non‑violence, trusteeship and khadi. It emphasised duties and spiritual values over formal rights, and interestingly included a right to bear arms to ensure self‑defence.
- Socialist Party Draft (1948): Proposed under Jayaprakash Narayan’s leadership, it called for a unicameral legislature, nationalisation of industry, land reforms and worker–peasant control. Class‑based representation and economic democracy were prioritised over procedural safeguards.
Comparing the drafts
- Locus of sovereignty: The 1895 Bill and Socialist Draft placed ultimate authority in a legislature. M.N. Roy shifted power to the people, while Gandhi rooted legitimacy in moral authority and village communities.
- Governance models: The Hindusthan Free State and Socialist Draft favoured centralised power; Roy and Gandhi advocated decentralisation through federalism or village republics.
- Economic vision: Gandhi proposed a minimalist, agrarian economy; Roy supported democratic socialism; Socialists embraced Marxist restructuring; the 1895 and Hindusthan drafts were largely silent on redistribution.
- Rights framework: The 1895 Bill championed civil liberties; Roy broadened this to include socio‑economic rights; the Socialist Draft prioritised economic justice; the Gandhian draft focused on duties and moral conduct; the Hindusthan Act blended nationalism with freedom of religion and equality.
Legacy and significance
- The final Constitution of 1950 drew inspiration from these debates. Parliamentary democracy and rule of law echo the 1895 Bill, while Directive Principles reflect Roy’s socio‑economic rights. Panchayati Raj embodies Gandhi’s village autonomy; the socialist emphasis on economic justice appears in Article 39 of the Directive Principles; and affirmative secularism hints at elements of the Hindusthan Act.
- These early drafts underscore India’s rich constitutional imagination. They reveal competing ideas of sovereignty, rights and economic order that shaped the consensus document adopted in 1950.
Studying these forgotten constitutional dreams helps citizens appreciate the deliberate choices made by the Constituent Assembly and encourages reflection on how our democracy can evolve.