The Bonavero Discussion Group was delighted to host an event to discuss Dr Arghya Sengupta's book The Colonial Constitution.

The Colonial Constitution argues that the Indian Constitution is a colonial document. First, the Constitution is overly prescriptive which indicates that the makers were unwilling to trust the people to govern themselves, akin to the erstwhile colonial regime. Second, the Constitution envisages a law and order state which towers over the citizens. Although the citizens are vested with fundamental rights on one hand, those rights are circumscribed effectively with restrictions. The book argues, that although the Constitution was founded on the belief that the state would guarantee liberty with wide powers, that has proved to be untrue. Third, the book also highlights that alternative ideas, such as Gandhian village democracy based on individual duties, or elements of direct democracy propounded in the Assembly, were considered radical for the time and hence, not fully explored. The Constitution makers adopted trusted global constitutional principles and institutions, rather than exploring and creating indigenous institutions which may be better suited to govern India.

By delving into the constitutional writings of political leaders and the debates in the Constituent Assembly and outside, this book attempts to highlight the origin story of the Constitution of India.

Author: Dr Arghya Sengupta
Chair: Professor Kate O'Regan
Panellists: Dr Moiz Tundawala, Professor Faisal Devji, Professor Shruti Kapila

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