Criticism of Indian Constitution


     Indian Constitution has been criticized by the critics in the following reasons -


1. A borrowed Constitution


According to the critics Indian Constitution is totally borrowed from many constitution of the world and contains nothing new.


- They called it ‘borrowed constitution’ or a ‘bag of borrowings’ or a ‘hotch-potch constitution’ or a ‘patchwork of several documents of the world constitutions.

- But this criticism was totally wrong because, framers of the constitution made necessary modifications in the features borrowed from other constitutions.


2. Carbon Copy of the 1935 Act


Critics said that the constitution is carbon copy of the Government of India Act 1935, because large part of it directly, and with some modification, included in Constitution of India.


- P.R. Deshmukh, (member of constitution assembly) commented that, the constitution is essentially the Government of India Act of 1935 with only adult franchise added.


3. Un-Indian or Anti-Indian


critics stated that the Indian Constitution is ‘Un-Indian’ or ‘Anti-India’ because it does not reflect the political traditions and the spirit of India.


-They said that the foreign nature of constitution makes it unsuitable to the Indian situationor unworkable in India.

-In context of it, K. Hanumanthaiya a constituent assembly member comment: “We wanted dthe music of Veena or Sitar, but here we have the music of an English band. That was because our Constitution makers educated that way.”


4. An Un-Gandhian Constitution


According to the critics Constitution of India does not contain the philosophy and ideals of the Mahatma Gandhi, the father of the Nation.


- K. Hanumanthaiya said: “that is exactly the kind of Constitution Mahatma Gandhi did not want and did not envisage.”

- According to T. Prakasam a constituent assembly member, this happened due to Ambedkar’s non-participation in the Gandhian Movement and the antagonism towards the Gandhain ideas.


5. Elephantine Size


The critics stated that the Indian Constitution is too bulky and too detailed and contains some unnecessary elements.


- In context of this, H.V. Kamath, a constituent assembly member commented: “the emblem and the crest that we have selected for out assembly is an elephant. It is perhaps in consonance with that our constitution too is the bulkiest that the world has produced.”


6. Paradise of the Lawyers


Critics also said that, the Indian Constitution is too legalistic and very complicated they opined that the legal language and phraseology adopted in the constitution make sit a complex document.


- Sir Ivor Jennings called it a “Lawyer’s Paradise.”

- In this context, H.K. Maheshwari, a constituent assembly member, observed : “The draft tends to make people more litigious, more inclined to go to law courts, less truthful and less likely to follow the methods of truth and non-violence. If I may say so, the draft is really a lawyer’s paradise.