
225
CONSTRUCTING THE NATION
speech, assembly, travel) and abolished the practice of Untouchability
“in any form” (Hay 1988, 336–337). Under British Indian law, separate
legal codes had existed for the personal law of both the Hindu and the
Muslim communities. At Patel’s insistence the constitution left these
separate legal codes intact.
The constitution established a parliamentary form of government,
modifi ed by the addition of an independent Supreme Court modeled
on that of the United States. Asked by Gandhians in the Constituent
Assembly why the government was not based on indigenous village sys-
tems, Ambedkar bluntly replied, “village republics have been the ruin-
ation of India. . . . What is the village but a sink of localism, a den of
ignorance, narrow-mindedness and communalism?” (Hay 1988, 341).
The Republic of India was a federation of regional state governments
joined together within a central union government. The union govern-
ment was parliamentary. It had two houses: The Lok Sabha (People’s
Assembly) was the lower house, based on proportional representation
with no more than 550 members directly elected to fi ve- year terms;
the Rajya Sabha (States’ Assembly) was the 250-member upper house
elected by provincial legislative assemblies for six-year terms. In the
Lok Sabha, a prime minister and cabinet headed a government that was
formed by whichever party could command an absolute majority of the
elected seats. In addition, a president and vice president, whose powers
were largely ceremonial, were elected through an electoral college.
The state governments included the nine former provinces of British
India, nine former princely states, 10 other states administered by the
center, and fi ve new administrative territories. Relations between the
union government and the states were based on the Government of India
Act of 1935 with specifi c lists defi ning the areas over which each might
legislate and 47 areas of shared jurisdiction. The union government con-
trolled (among other areas) foreign affairs, defense, and communications,
while provinces controlled the police, law courts, health, and education.
Under the constitution all Indians, male or female, over the age of 18
had the right to vote. The constitution eliminated separate electorates
but maintained a provision of the Government of India Act of 1935 that
allowed the reservation of seats for Scheduled Castes (Untouchables)
and Scheduled Tribes. The fi rst elections for the Lok Sabha were held
over six months during the winter of 1951–52. As more than 85 per-
cent of India’s eligible voters were illiterate, each party was allotted a
symbol; 17,000 candidates competed for more than 3,800 seats at the
center and in the state assemblies and an estimated 60 percent of the
176 million eligible voters turned out at the polls (Tharoor 2003).
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