The decision to adopt universal adult franchise with a Westminster style parliamentary system was a revolutionary decision of the Constituent Assembly. It was not inevitable nor was it a conservative decision. Given the experience of almost every other post colonial country with constitutional change, it is a miracle that the Constituent Assembly (the Assembly hereafter), elected as it was on a restricted franchise got it so right. But this choice revolutionary as it is, profoundly constricted and shaped the subsequent trends.
The Assembly rejected the Gandhian option — a decentralized village republic with local autonomy and indirect democracy with an obviously weak Centre. A strong Centre was basic to Indian nationalism as its one great fear was, indeed is, of India breaking up into many nations. In the wake of Partition, a weak Centre was not going to be chosen whatever the Father of the Nation may say. The Assembly also firmly ruled out any role for the feudal order — the hundreds of native princes, for whom a role was envisaged in the 1935 Government of India Act. Unlike Malaysia, India did not give these kings even a ceremonial role. In copying the Westminster system, it replaced the Crown by an elected President with similar powers. It also rejected a single party polity which must have been tempting as it was for many African and Asian countries under the spurious rationalisation that multi party democracy was a Western luxury that a poor country could ill afford. The Communist alternative was also rejected. Private property, including foreign property, was not disturbed but could be subject to state takeover with compensation. Land was not confiscated or nationalized but land reform was made feasible.
The democracy that was chosen was radical in other ways as well. There was to be no recognition of any ethnic, religious or caste basis of citizenship. There were to be no separate electorates, no religious qualification for holding office, nor a literacy test. Women were given the vote on the same terms as men when even in the developed countries e.g., France, women’s suffrage had only recently (i.e., 1945) been granted. But by the same token there were no guarantees of minority rights qua minority; no consociational arrangement in a formal sense whereby a minority had veto rights over drastic abridgements of its rights by the Majority vote Minorities, like majorities were treated qua Westminster as collections of individuals rather than ethnic blocks and therefore were to be looked after as part of the democratic process by legislative or by executive actions. Thus despite its being elected from a small and restricted franchise which could have made it conservative, the Assembly chose an individualist atomistic model of democracy for India rather than one grounded in caste, religion and language identities. Secularism was the implicit guarantee that a religious minority had nothing to fear from majority rule. Religion was not to be a subject which could be legislated about.[1]
It will be my contention that this bold revolutionary choice was crucial in shaping subsequent choices and indeed in making some of these subsequent choices less bold than they could have been. In making the Constitution, ethnicity-blind and religion-blind, the Founding Fathers were rejecting the trauma which had led to the Partition and hoping to avoid further fragmentation. But they were also denying reality, not only of the country at large but even of their own personal identities. Indians were individuals of course like anyone else but they also lived in a vital sense their ethnic, religious regional, linguistic identities. These identities were not to be left behind when they entered the political arena. Nor were these identities an invention of the colonial masters or a badge of poverty or under-development ready to disappear at the first whiff of economic progress as Nehru in his more passionate moments thought.
Indian democracy was shaped by these ignored identities as they asserted themselves in the daily course of electoral politics. At the elite level, their own orthodox upbringing, their upper caste loyalties if they were Hindus, their relatively prosperous state meant that the choices taken were their choices. But they were also the progeny of Macaulay and had absorbed western ideas of progress and equality, of liberty and the greatest good of the greatest number. They may have lived much as their fathers did at home but they thought and spoke the Englishman’s language.