The Role Of BN Rau: The Unsung Hero Of Constitutional Drafting

While discussing the drafting of the Indian constitution, names like Dr. B.R. Ambedkar, Jawaharlal Nehru, and Sardar Vallabhbhai Patel often come to mind in the first place. However, one name that frequently remains overshadowed is Benegal Narsing Rau, better known as B.N. Rau. A distinguished jurist, civil servant, and constitutional advisor, Rau played an instrumental yet understated role in shaping the foundation of India's Constitution. This article delves into his life, contributions, and the indelible mark he left on India's democratic framework.

Early life and career

BN Rau was born on February 26, 1886, in Mangalore, Karnataka, into a family deeply rooted in education and public service. A brilliant student, Rau graduated from the University of Madras and later pursued law at Trinity College, Cambridge. He joined the Indian Civil Service (ICS) in 1910, serving in various capacities, including as a judge in Burma (now Myanmar) and as a legal adviser in India. His expertise in law and governance set the stage for his monumental role in the drafting of the Indian Constitution. Rau's career began in an unorthodox way, and his constitutional outlook was immediately apparent when he earned a posting in his native region of Madras. For the next two decades, he would serve in both the ICS and the court, including as a judge in the Calcutta High Court. He retired from service in 1944 before becoming Prime Minister of the princely state of Jammu and Kashmir. He immediately resigned the office, claiming policy differences with the then-Maharaja of Kashmir.

Before he was appointed constitutional advisor, he worked as a secretary in the Governor-General's office on constitutional reform issues. When he took over as constitutional advisor and spearheaded the formation of the CAS in July 1946, he set stringent requirements for the Constituent Assembly.

Appointed as a Constitutional Advisor

In 1946, B.N. Rau was appointed as the constitutional advisor to the Constituent Assembly. This role was pivotal, as it required synthesizing diverse legal, cultural, and political perspectives into a cohesive document. Rau라이브 바카라 appointment underscored his deep understanding of comparative constitutional law and his ability to navigate complex legal and political terrains. Although Rau was not a formal member of the Drafting Committee, his experience and assistance helped shape the Indian Constitution. Granville Austin, an American historian of the Indian constitution, stated in his book The Indian Constitution: Cornerstone of a Nation that B.N. Rau, constitutional advisor, should be included among those who helped shape the constitution although he was not a member of the assembly.

B.N. Rau and India's Constitutional Journey

Rau is rarely cited prominently in Indian constitutional history. There are at least two valid historical reasons for this. Firstly, Rau was a distinguished bureaucrat who played an important role in the administrative machinery but mainly remained out of the public eye. Second, and perhaps more importantly, following independence, the dominant narrative of the Indian Constitution was framed as one of successful Indian nationalism.

This was notable because Rau supported the concept of constitutionalism long before India's formal Constitution was formed. He created the groundwork for the idea that the British constitutional framework in India, which mostly benefited British interests, could be translated and altered to meet the needs of an independent India. This transition and translation from colonial to postcolonial needed a basic understanding of the Constitution's character and capabilities outside of its colonial origins.

From Unity to Partition: Rau's Evolving Constitutional Vision

While Rau attempted to persuade Jinnah of the fairness of the Constituent Assembly in his letter, he emphasized the point by saying, “A Constitution is only a means to an end; when various parties realize that the ends are common, there will be little difficulty in agreeing upon the means.” Rau eventually came to believe that both the Congress and the League shared the goal of tackling the day's socioeconomic issues. As a result, collaboration within the same government would be significantly more useful than separation.

Following partition, Rau's constitutional interventions revealed a strong concern in solving development's socioeconomic problems. Interestingly, in Rau's constitutional imagination, the Directive Principles took on a much more prominent role than Fundamental Rights; the President, he suggested, needed to be given additional discretionary powers to act in the event of a major breakdown of law and order in the country; and the basis of citizenship had to be as broad as possible.

Relationship with BR Ambedkar

While Dr. B.R. Ambedkar is rightly celebrated as the "Father of the Indian Constitution," it was Rau라이브 바카라 initial draft that provided a starting point for Ambedkar and the Drafting Committee. Ambedkar himself acknowledged Rau라이브 바카라 contributions, particularly in terms of the legal and structural framework. Rau라이브 바카라 meticulous research and drafting laid the foundation upon which Ambedkar and his team built the final document.

Ambedkar, in his speech, praised B.N. Rau for his contribution to the constitution-drafting process, which included thorough knowledge of other countries' constitutions as well as his personal experience. Ambedkar said The whole credit given to me does not really belong to me. It belongs partly to Sir B.N. Rau, the constitutional adviser to the constituent Assembly who prepared a rough draft of the Indian Constitution for the consideration of the drafting committee. A part of the credit must go to the members of the drafting committee who, as I have said, have sat for 141 days, and without whose ingenuity to devise new formulae and capacity to tolerate and to accommodate different points of view, the task of the framing of the constitution could not have come to such a successful conclusion.

Dr Rajendra Prasad, President of the Constituent Assembly, has also praised Rau, by saying “Rau visualised the plan and laid the foundation" for the Indian Constitution.

Legacy of BN Rau

B.N. Rau's legacy lies in his pivotal role in shaping the Indian Constitution. As the Constitutional Adviser to the Constituent Assembly, he prepared the initial draft of the Constitution, laying the foundation for the democratic framework of India. His contributions were instrumental in establishing a robust and inclusive constitution that has guided India's journey as a nation for over seven decades.

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