The Constitution of India is famously the longest written constitution in the world. You might wonder, why so long? We know about Ambedkar, now let us look into one of the Unsung Heroes of India: B. N. Rau
Well, it begins with the Preamble, the all-important page that says, “We the people of India are forming a sovereign democratic republic on a certain day.” This one page, a masterstroke by Jawaharlal Nehru, sets the tone for what’s essentially a 146,000-word legal document. And what does it say? Freedom, brotherhood, equality, justice—because, let’s be honest, without some grand ideals, who would bother reading through the rest of the legal jargon?
The Indian Constitution isn’t some spontaneous creation born from the fiery ideals of revolution but a motivation and hunger in the minds of many unsung heroes of India.
The Constitution of India is a product of the grand borrowing spree and Copy & Paste with India-specific enhancements; it’s a well-curated patchwork quilt of global legal wisdom. Inspired by the Declaration of Independence from the American Revolution, the Preamble borrows heavily from the French Revolution’s Liberty, Fraternity, and Equality. Nehru tossed in “justice”—an extra dose of virtue because, why not? You can never have enough, right?
The real work came in the form of the drafting. Leading the charge was Dr. B.R. Ambedkar, the celebrated Chairman of the Drafting Committee of the Constituent Assembly of India. But wait, let’s not forget the man among the Unsung heroes of India: Sir Benegal Narsing Rau. He wasn’t just the Secretary of the Constituent Assembly; he was the Constitution’s secret sauce, the constitutional advisor whose legal brilliance often goes unnoticed.
Now, here’s the fun part: our Constitution is in essence a 60% rehash of the Government of India Act, 1935. You heard that right—same posts, new names, and a few tweaks here and there. Federal structure? Check. Judiciary? Check. Governor? Check. It’s like repainting an old car in a different colour, adding some accessories, and calling it a brand new one.
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But hey, why fix what isn’t broken? After all, running a country is more like driving a train than riding a mud bike. You have to slow down on curves and turns and consider the accommodation of all the coaches on the train. Some non-logical (or non-biological) meme may try to run the country like a mud bike, passing whimsical 8 PM orders like demonetisation or surprise lockdown or a midnight showcase of the ill-conceived Goods and Services Tax (famously and effectively referred to as Gabbar Singh Tax by the people that too without any royalty to Gabbar Singh), only to find itself stuck in the mud along with more than a billion pillions.
What did we change, you ask? Well, we added some original bits: Fundamental Rights and Directive Principles. But even those weren’t exactly homegrown ideas. The Fundamental Rights? Straight out of the American Constitution’s Bill of Rights. Directive Principles? Courtesy of the Irish Constitution. We’ve borrowed features from more than a dozen countries: the appointments of the Governors by the Union, advisory jurisdiction of the Supreme Court, vesting of residuary powers with the Union from Canada.
the Concurrent List and Joint Sitting of the Houses of the Parliament from Australia; Procedure for the Amendment of the Constitution and manner of election to the Rajya Sabha from South Africa; Suspension of Fundamental Rights during Emergency is the feature from Germany (yes, the same Germany that gave us the Weimar Republic, which kindly handed Hitler his dictatorship on a platter). Talk about having international standards!
B.N. Rau, The Architect in the Shadows
Now, back to B.N. Rau—the man was no lightweight. Born on February 26, 1887, in Mangalore, in a well-educated and prosperous Hindu Saraswat Brahmin family, he graduated from Canara High School, topping the list of students in the entire Madras Presidency. With a triple first in English, Physics, and Sanskrit, and an additional first in Mathematics, Rau headed to Trinity College, Cambridge, where he took his Tripos in 1909, just missing the Wranglership by a few points.
Rau returned to British India after successfully passing the Indian Civil Service Examination in 1909. He worked his way up from the executive side to the judiciary, serving as a judge in several districts in East Bengal. His distinguished work earned him a Companion of the Order of the Indian Empire (CIE) in the 1934 New Year Honours list and a knighthood in 1938.
He was also instrumental in revising the entire Indian statutory code between 1935 and 1937. In 1946, Rau was appointed the Constitutional Advisor to the Constituent Assembly of India. He prepared the initial draft in February 1948, which was debated, revised, and finally adopted by the Constituent Assembly on November 26, 1949.
Rau’s journey involved international consultation as well. He travelled to the US, Canada, Ireland, and the UK in 1946, meeting with judges and scholars, including Justice Felix Frankfurter of the American Supreme Court. Frankfurter famously advised against including a ‘due process’ clause in the Indian Constitution, cautioning it would impose an ‘undue burden’ on the judiciary.
Among the Unsung Heroes of India, But man All Constitutions
But wait, there’s more! As if single-handedly drafting one constitution wasn’t enough, Rau was called to draft the Constitution of Burma (Myanmar). He met with U Aung San, Burma’s then Prime Minister, in New Delhi, who invited him to assist in drafting Burma’s Constitution. This Constitution was adopted on September 24, 1947, showcasing Rau’s expertise across borders.
Before his monumental role in the Constituent Assembly, B.N. Rau was significantly involved in the Office of the Viceroy, where he worked on administrative reforms. He played a pivotal role in streamlining governance and drafting legislative measures aimed at improving the efficiency and accountability of the administrative machinery during the transitional phase of Indian governance.
Rau served India as a representative to the United Nations from 1949 to 1952. He was the President of the United Nations Security Council in June 1950 when it recommended armed assistance to South Korea. Later, he was a member of the Korean War post-Armistice United Nations Command Military Armistice Commission (UNCMAC). His distinguished career culminated in his appointment as a judge of the International Court of Justice in The Hague, where he served until his health declined in 1953. Imagine being so good at your thing that you are in demand always and everywhere.
In 1988, to honour his contributions, the Government of India issued a postage stamp celebrating B.N. Rau’s legacy as a pivotal figure in Indian constitutional history. that’s why he is among the Unsung heroes of India.
So, What Did He Actually Change?
The truth is, the Indian Constitution may not be as revolutionary as we like to believe. We took the best ideas from everywhere, gave them a desi twist, and called it our own. The real genius? Adapting it to the existing system so no one’s head spun too fast and all stuck in mud. And we can thank this unsung heroes of India (B.N. Rau) for making sure we didn’t end up with a constitutional nightmare. If only the same care was taken in the present day— rather than reinventing the wheel or occasionally setting it on fire.
The Indian Constitution is a masterpiece, but it’s a masterpiece built on the brilliance of people like B.N. Rau—individuals who worked behind the scenes to provide us with a document that continues to steer this complex, diverse, and colourful nation we call India.
Salute to B.N. Rau, the unsung heroes of India, architect of Indian democracy.
Jai Samvidhan to all (and special mention to loud-Speaker of the lower House)
Jai Hind.