(Part II)

The four-member team comprised LB Bhupatkar, the man who would later defend Savarkar in the Gandhi Assassination case in 1948, DV Gokhle, KV Kelkar and MR Dhamdhere. The committee first met on 31 May 1944 and after consulting the constitutions of almost all countries and accumulating various judicial opinions from all the top consultants of India, shaped up a nearly 100-page tightly consolidated document named “The Constitution of the Hindusthan Free State”. The draft was submitted on 15 July 1944, when the pace of World War II was grossly changed and the defeat of Axis power was almost palpable. It had a forward written by NC Kelkar.

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Vikram Sampath in his book “Savarkar – A Contested Legacy (1924 – 1966)” has opined that this draft constitution has taken “issues such as the minorities, Indian states and India’s future relations with Britain were all considered with an open mind”.

The drafting committee made it clear at the beginning that the future name of the independent country would be Hindusthan and not India. It stated that “….Hindusthan being a free state and not a servient member or even a partner of any other state or Commonwealth.”

The draft had a preamble with different broad chapters covering all vital aspects that a modern state needs in its constitution to rule a civilised mass of subjects. Though it did not mention any secular state, it was clearly mentioned that the independent state of Hindusthan would not have any official religion, rather while defining the term “citizen” it did not make any differentiation based on religion, caste, creed and gender. So equality and parity among every citizen were ensured.

It supports the federal system of democracy in the format of a republic where voting rights were given at the age of 21 and the “one man one vote” policy was talked about. It discounted the cult of the separate electorate. This HMS constitution draft talked about the legislator that would be bicameral, both at the centre and the state.

Provision of admission into the army, navy and air force was made without any distinction of martial and non-martial race.

It explained 16 fundamental rights of citizens, where equality between men and women and their equal claim before the law and all civic rights were ensured.

It means that there will not be any discrimination in law, civil or penal, substantive and procedural.

Right of education and right of admission into any educational institution was also ensured without considering caste, creed and colour. Thus it clearly discounted any kind of reservation on any ground. The right of every citizen on every single national resource like roads, bridges, wells and all other public utility infra was ensured. It talked about the minimum wages of the labourers, the right to health, protection of motherhood, child welfare, economic consequences of aged people and protection of agricultural tenants were also included. However, surprisingly, it authorised the right to keep arms in accordance with the law.

One of the fundamental rights that it talked about was the right to move to the Supreme Court with a petition for the ultimate justice.

The draft made it clear that no citizen who is attending any school that receives Government aid will be compelled to attend any religious instruction. It also said that no public money and property shall ever be used or donated directly or indirectly to support any sect or religion.

In 1939, at Calcutta itself, Savarkar in his presidential address assured the non-Hindu population of the country not to be apprehensive over HMS as far as their fundamental rights are concerned. Dr Arghya Sengupta in this context has written in his book that “………their rights regarding their religion, culture, and language would be expressly guaranteed in the constitution. Minorities could also set up special schools for their children with government support, provided the majority could do the same with proportionate state support.”

Having said that, Dr Sengupta mentioned that Savarkar made it clear that minorities should maintain their religious identity “but everyone was a citizen of Hindusthan”.

Drafting a constitution like this under the tallest poster boy of the Hindutva school of politics, HMS made its political plan clear. It was their first serious attempt to blend with the mainstream politics of India under the shadow of World War II. Savarkar was more than sure in 1944 that the mighty British Empire would collapse after the war and India would get the golden chance to break her shackles.

Surprisingly, Savarkar could not make the impact of this constitution as big as it was expected. His time in HMS was in twilight. Soon, Dr Shyama Prasad Mukherjee would replace him and within 7-8 years, he, with indirect support of Guru Golwalkar of RSS, would form a new political party, Bharatiya Jana Sangh. In 1951-1952 the cult of Nehru was so strong in Indian politics that Savarkar and Mukherjee both failed to change the tide.

On 26 January 1950, when our grand constitution was finally implemented, no one even bothered to mention Savarkar’s draft and by that time Savarkar’s glorious legacy had started getting suppressed by a well-designed government machinery.

(concluded)

The writer is a freelance contributor