On the occasion of Republic Day this year, it is important to recall that this day in 1950 we gave to ourselves our Constitution.

The Constitution of India is the most sacred and central legal document. It is on the basis of this document that many other laws are derived and that we learn to uphold the ‘rule of law’ in a democracy under all circumstances.

Critics of our Constitution have been silenced as the document has shown its strength and mettle for more than 60 years. This just goes to show that it is critical to salute and reaffirm our faith in the Constitution because around us in South Asia and other parts of the world we see ‘failed’ if not ‘almost-failed’ states where the rule of law has broken down and anarchy prevails. Again, in the media when there are references made to ‘banana republics’ it’s a vicarious reminder to the achievement of our founding fathers in consolidating the ‘rule of law’ and state in India in what they envisioned would befit generations of Indians to come.

The history of the forming of this Constitution goes back to several decades of legal debates under British rule. The defining debate and draft was the Government of India Act of 1935 which functioned as the backbone of the later-to-be Constitution of India. With the Constituent Assembly in place, Dr. B. R. Ambedkar was appointed the chairman of the drafting committee of the Constitution.

In the transition between colonial rule and freedom, our leaders showed a remarkably global outlook in learning from the political and constitutional experiences of other countries and this has stood us in remarkably good stead. Some highlights of the borrowings for our Constitution are as follows:

Chapter on Fundamental Rights in the Indian Constitution [Part III] which are enforceable if a citizens rights has been infringed by any action of the State : modeled on the American Constitution notably the American Bill of Rights (contained in the first Ten Amendments to the Constitution of USA).

Parliamentary System of Government which is based on that of Britain [Part V]: The system has three main institutions, the Parliament, the Executive and Judiciary each with their roles and responsibilities cut out for them. This was adopted because our leaders had some experience with this system during years of British rule.

Directive Principles of State Policy based on that of Ireland (Eire )[Part IV] : These are broad guidelines of action for the state and society in India but they are not enforceable in a court of law. Despite this, these principles are considered fundamental to the governance of the country and achieving social and economic justice in Indian society.

Emergency Provisions based on that of the German Reich [Part XVIII] : clause 48 of the Weimar Constitution.

It was a continuing testimony to the Indian historical experience, even post-independence, that we have never been an insular people. East or West, what would work is what needed to be retained, borrowed and built upon into the fabric of our national life. The members of the Constituent Assembly showed tremendous acumen and foresight in the melee that was partition and the transfer of power. I suppose this is why in all the countries mentioned above and other like-minded ones continuing generations refer to the ‘wisdom’ and ‘sagacity’ of the ‘founding fathers’. Cheers to them !!!