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The Jammu & Kashmir Constituent Assembly: A Brief History

Very few Indians had the distinction of being constitution framers twice over. In fact, there were only four: Sheikh Abdullah, Moti Ram Baigra, Mirza Afzal Beg and Maulana Mohammad Masoodi. On 22 January 1950, they joined their fellow Assembly colleagues to sign the Constitution of India 1950. But unlike their fellow Constituent Assembly members, constitution-making […]

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How a 1934 U.S. Case Shaped the Press Freedom Debate in the Assembly

In 1934 the State of Louisiana introduced a law that imposed a tax on the income of newspapers with a circulation greater than 20,000 copies per week. Newspapers alleged that the U.S. Democratic Party Senator and former Louisiana Governor Huey P. Long, who enjoyed immense political influence in the State, was behind this law. They […]

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Why India’s Constitution Framers Hated the Sedition Law

On 11 June 2022, the Supreme Court permitted the Union to re-examine the constitutional validity of Section 124A of the Indian Penal Code, 1860, which criminalizes sedition. 74 years ago, the Constituent Assembly examined the same law. Its position was clear: sedition law had no place in India’s constitutional and political future. The Draft Constitution […]

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How A 1933 U.S. Law Shaped India’s Financial Emergency Provision

In 1933, during a catastrophic global economic crisis, Franklin Roosevelt became the United States President. The Great Depression was battering the U.S. economy which was reeling under mass unemployment, poverty, homelessness and industrial stagnation. To mitigate the situation, Roosevelt signed the National Industrial Recovery Act of 1933 (NIRA). It gave the President extraordinary powers to […]

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Desk Brief: Constitution Framers Refused to Regulate Religious Attire

We appear to be in the midst of a heated public debate around religious attire in educational institutions. 74 years ago, the Indian Constituent Assembly took a decision on a proposal that sought to restrict religious attire in public spaces. On 3 December 1948, the Assembly took up Draft Article 19 (Article 25, Constitution of […]

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Desk Brief: Indian Framers Deliberately Chose ‘Union of States’

On 2 February 2022, in Parliament, a leader of the Congress Party referred to India as a ‘Union of States’. This has offended the BJP and triggered political controversy. A BJP MP has now filed a breach of privilege notice against the Congress MP. The notice expresses a concern that the manner in which the […]

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Desk Brief: ‘We the People in the Name of Gandhi’?

During a debate that would settle the Constitution’s Preamble, Constituent Assembly President, Rajendra Prasad informed the House some members had given notice of amendments that wanted the Preamble to begin with an invocation of God and Gandhi. Prasad then did something surprising. He suggested that these amendments be withdrawn and said that ‘neither God nor […]

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Desk Brief: What Counts as Forced Labour?

Earlier this month, the world observed 2 December as the International Day for the Abolition of Slavery. This marked the 72nd anniversary of an important United Nations Convention in 1949. Exactly a year earlier, the Indian Constituent Assembly took up Draft Article 17 (Article 23 Constitution of India 1950) for discussion. The Draft Article stated […]

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Desk Brief: Is Religious Conversion about Individuals or Groups?

On 1 May 1947, Constituent Assembly members discussed an early version of the Constitution’s fundamental rights chapter that included a right to convert to other religions – implied within ‘the right to propagate religion’. Assembly members approached religious conversion in two distinct ways. Purushotam Das Tandon and Jagat Narain Lal viewed the propagation of religion […]

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Desk Brief: Opposing Democracy?

On the first day of the current Winter session of Parliament, the Rajya Sabha Chairman suspended 12 opposition members of his house for the entire session. They were alleged to have engaged in ‘unruly‘ behaviour and ‘misconduct’ in the previous Monsoon session. The suspension has triggered a political backlash. Opposition parties argue that the protests […]

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Desk Brief: The Day We Adopted Our Constitution

Exactly 72 years ago, on 26 November 1949, Sardar Patel had some good news to share with his colleagues in the Constituent Assembly: ‘I am glad to inform the House that all the nine States specified in Part B of the First Schedule of the Constitution, including the State of Hyderabad, have signified, in the […]

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This Month In Constitution Making (October, 1949): Constituent Assembly Adds Contempt of Court to Free Speech Limitations

On 17 October 1949, Drafting Committee member T.T. Krishnamachari proposed to add contempt of court as a restriction on freedom of speech in the Draft Constitution. The Constituent Assembly had last debated free speech provisions a year before. Assembly members had then vehemently opposed any restriction to the right to free speech, but reluctantly adopted […]

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Desk Brief: Extending Affirmative Action to the Supreme Court?

The Constitution of India 1950 frames a comprehensive architecture for affirmative action in India. A key element of this is the representation of members from marginalised communities in different organs of the State including the legislature, executive bodies and public services. The Constituent Assembly, in its plenary debates and Committees extensively debated the need for […]