Context: India’s Constitutional Journey Before 1950
Between 1895 and 1948, at least five major constitutional drafts were proposed by diverse political actors—liberals, radicals, socialists, and cultural nationalists. These drafts reflected competing visions of sovereignty, democracy, federalism, economic justice, and identity.
Relevance : GS 2(Constitution and Polity)
The Five Key Drafts: Origins & Philosophical Anchors
| Year | Draft | Author/Group | Ideological Leaning |
| 1895 | Constitution of India Bill | Early nationalists (e.g., B.G. Tilak) | Liberal constitutionalism |
| 1944 | Constitution of Free India | M.N. Roy, Radical Democratic Party | Radical humanist, participatory democracy |
| 1944 | Hindusthan Free State Act | Hindu Mahasabha (right-wing nationalists) | Cultural nationalism + liberal guarantees |
| 1946 | Gandhian Constitution for Free India | Shriman Narayan Agarwal (foreword by Gandhi) | Village-centric decentralism, moral republicanism |
| 1948 | Socialist Party Draft | Jayaprakash Narayan | Democratic socialism |
Comparative Thematic Analysis
1. Democracy & Sovereignty
- 1895 Bill: Emphasised civil liberties and representative democracy but within British dominion.
- Roy’s Draft (1944): Participatory democracy with right to revolt and citizens’ committees—an anti-elitist model.
- Hindusthan Free State: Asserted unitary sovereignty but with democratic elements like elections and judicial review.
- Gandhian Draft: Sovereignty vested in self-sufficient villages, led by moral authority.
- Socialist Draft: Unicameral legislature based on class representation (workers, peasants, intellectuals)—radical departure from liberal democracy.
2. Civil Liberties & Rights
| Draft | Civil Liberties | Socio-Economic Rights |
| 1895 Bill | Strong (speech, property, equality) | Absent |
| Roy (1944) | Strong + Right to revolt | Binding, justiciable socio-economic rights |
| Hindusthan Free State | Strong religious freedoms, anti-discrimination | Minimal economic guarantees |
| Gandhian (1946) | Focus on duties/community over formal rights | Rural economic self-reliance, minimal state role |
| Socialist (1948) | Civil liberties secondary | Core focus: Economic democracy & equality |
Roy’s draft uniquely made socio-economic rights enforceable, unlike the 1950 Constitution’s non-justiciable Directive Principles.
3. Centralisation vs Decentralisation
- Roy & Gandhi: Advocated decentralisation but differed:
- Roy: Federalism + institutional oversight.
- Gandhi: Gram swaraj (village autonomy) rooted in moral norms.
- Socialists & Hindusthan Draft: Supported centralised control for economic restructuring or national cohesion.
- 1895: Silent on federal structure, assuming British-style parliamentary setup.
The tension between unity and local autonomy was central to these early debates.
4. Economic Vision
| Draft | Economic Model |
| Gandhian | Minimalist, rural self-reliance, trusteeship |
| Roy | Democratic economic planning, mixed economy |
| Socialist Party | State socialism, nationalisation, planning commission |
| Hindusthan Draft | Silent on redistribution, strong on cohesion |
| 1895 Bill | No mention of economic justice or planning |
These drafts represent the full spectrum from agrarian minimalism to radical socialism, anticipating later debates on India’s economic model.
5. Cultural Identity & Secularism
- Roy & Socialist drafts: Strongly pluralistic and secular.
- Hindusthan Free State: Advocated one culture/one law, but included explicit religious freedom, no state religion, and caste equality—an ideologically hybrid document.
- Gandhian: Rooted in Indian traditions, emphasised communal harmony over majoritarianism.
- 1895 Bill: Avoided identity politics, sticking to a neutral liberal template.
6. Unique & Surprising Features
| Draft | Unique Element |
| Roy | Right to revolt, participatory oversight via citizens’ committees |
| Gandhian | Right to bear arms despite ahimsa orientation |
| Hindusthan | Right of secession, blending cultural nationalism with formal secularism |
| Socialist | Class-based legislature, gender equality before independence |
| 1895 | Early model of liberal rights under imperial framework |
Contradictions (e.g., Gandhi’s right to arms) reflect realism amid idealism—showing the complexity of state-building ideologies.
Legacy & Influence on the 1950 Constitution
| Draft | Legacy in Final Constitution |
| 1895 Bill | Civil liberties, parliamentary form, separation of powers |
| Roy’s Draft | Bill of Rights, decentralisation, participatory federalism |
| Gandhian | Idea of Panchayati Raj, trusteeship philosophy (Directive Principles) |
| Socialist Draft | Economic justice, land reform, welfare state ideas (Directive Principles) |
| Hindusthan Free State | National cohesion + formal secularism; not adopted but influenced debates on identity |
The 1950 Constitution synthesized diverse ideas — liberal rights, economic justice, decentralisation, and cultural pluralism — though not always in their fullest or radical form.
Conclusion: The Prehistory of the Republic
India’s road to constitutional democracy was not linear. These early drafts:
- Captured ideological ferment and competing futures
- Anticipated modern debates on federalism, rights, secularism, and state power
- Reflected a rich democratic imagination even under colonialism
Though not adopted wholesale, these documents deeply influenced the spirit and substance of India’s final Constitution—testament to the pluralistic and contested origins of Indian republicanism.
