A Defining Moment of Sovereignty

December 30, 1943 remains a powerful milestone in India’s freedom struggle. On this day, Subhas Chandra Bose and the Provisional Government of Free India (Azad Hind Government) raised the Indian national flag in the Andaman and Nicobar Islands, symbolising a bold assertion of Indian sovereignty even before 1947.

Formation and Recognition of the Azad Hind Government

Formed on October 21, 1943, in Singapore, the Azad Hind Government gained recognition from several countries, giving it international legitimacy. It represented an alternative political authority that challenged British colonial rule through both diplomacy and governance.

Military and Territorial Assertion of Power

Azad Hind took decisive action by declaring war on Britain and the United States on October 23, 1943. Shortly after, control of the Andaman and Nicobar Islands was transferred to the government, and Colonel Loganadan was appointed Chief Commissioner—marking an important shift from symbolic resistance to active administration.

National Institutions and Mass Mobilisation

The government strengthened its claim to independence through institutions such as its own currency, bank, court, anthem, and civil code. It also enabled Bose to mobilise Indians across East Asia and expand support for the Indian National Army (INA), reinforcing the larger struggle for India’s liberation.

Azad Hind Constitution

Netaji Subhas Chandra Bose envisioned a free India that was progressive, inclusive, and democratic. While he didn't have the opportunity to fully draft and implement a constitution for the Azad Hind (Free India) Government, his ideas and actions suggest what such a constitution might have included. Bose's Provisional Government of Free India (Azad Hind) provided a glimpse into his vision through its policies and declarations. Here’s an outline of how Bose’s principles could have translated into a constitution:

Preamble

We, the people of Azad Hind, in pursuit of a free, sovereign, and democratic Republic, and to secure all its citizens:

Justice, social, economic, and political; Liberty of thought, expression, belief, faith, and worship; Equality of status and opportunity; and to promote among them all fraternity, assuring the dignity of the individual and the unity and integrity of the Nation;

Drawing inspiration from our struggle for independence and guided by principles of justice, equality, and democracy, do hereby adopt, enact, and give to ourselves this Constitution.

Fundamental Principles

Article 1: Sovereignty and Democracy

1. India is a sovereign, democratic Republic with ultimate authority residing with the people.
2. The State shall function on principles of justice, equality, and moral governance.

Article 2: Fundamental Rights

1. Every citizen shall have the right to equality before the law and equal protection of the laws.
2. Freedom of speech and expression, assembly, association, movement, residence, and practice of profession shall be guaranteed.
3. Protection of life and personal liberty shall be ensured, and no person shall be deprived of their life or personal liberty except through due process.
4. Freedom of religion and the right to practice, profess, and propagate any religion shall be upheld.

Article 3: Social Justice and Equality

1. The State shall promote social justice and ensure protection against all forms of discrimination.
2. Affirmative action policies shall be implemented to ensure equal opportunities for all citizens, especially marginalised communities.

Article 4: Duties of Citizens

1. Citizens shall respect the Constitution and national symbols, and uphold the unity and integrity of the nation.
2. Duties include promoting communal harmony, protecting the environment, and participating in civic activities.

Governance Structure

Article 5: The President

1. The President of India shall be the ceremonial head of state, representing national unity.
2. The President shall be elected by an electoral college consisting of members of both Houses of Parliament and State Legislative Assemblies.

Article 6: The Parliament

1. The Parliament of India shall comprise the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
2. Members of the Lok Sabha shall be elected directly by the people, while members of the Rajya Sabha shall be elected by State Legislatures.

Article 7: The Prime Minister and the Council of Ministers

1. The Prime Minister shall be the head of government, leading the executive branch.
2. The Prime Minister and the Council of Ministers shall be collectively responsible to the Lok Sabha.

Article 8: The Judiciary

1. The judiciary shall be independent and impartial, upholding the rule of law and protecting individual rights.
2. The Supreme Court shall be the highest judicial authority, with High Courts and lower courts functioning under its supervision.

Economic and Social Policies

Article 9: Economic Development

1. The State shall promote sustainable development and economic growth, supporting both traditional and modern industries.
2. Economic policies shall aim to reduce inequality, create opportunities, and ensure environmental sustainability.

Article 10: Land and Property Rights

1. Property rights shall be protected, with provisions for equitable land distribution and preventing exploitation.
2. Land reforms shall ensure fair access and use of land resources.

Article 11: Education and Culture

1. The education system shall integrate traditional knowledge with modern scientific and technical education, promoting cultural heritage and diversity.
2. The State shall protect and promote cultural heritage, languages, and arts, ensuring their preservation for future generations.

Article 12: Social Welfare and Protection

1. Social welfare programs shall be established to support vulnerable and disadvantaged groups, ensuring access to healthcare, education, and economic opportunities.
2. Gender equality shall be promoted through policies addressing gender-based violence and discrimination, ensuring equal rights and opportunities.

Directive Principles of State Policy

Article 13: Welfare of the People

1. The State shall strive to create a social order that ensures justice, equality, and welfare for all citizens.
2. Policies shall aim to reduce income inequality, eliminate poverty, and promote social and economic development.

Article 14: Protection of Environment

1. The State shall protect and improve the environment, ensuring the conservation of natural resources and wildlife.
2. Sustainable practices and environmental stewardship shall be encouraged.

Article 15: Promotion of Scientific Temper

1. The State shall promote scientific temper, humanism, and the spirit of inquiry and reform.
2. Support shall be provided for research, education, and innovation in science and technology.

Amendment and Adaptability

Article 16: Amendment of the Constitution

1. Amendments to the Constitution shall require a bill passed by a majority of the total membership of each House of Parliament and by a majority of not less than two-thirds of the members present and voting.
2. Amendments affecting federal structure or fundamental principles shall require ratification by at least half of the State Legislatures.

Article 17: Continuity and Adaptability

1. The Constitution shall ensure continuity in governance while allowing for adaptability to changing social, economic, and political conditions.
2. Flexibility shall be maintained to address future needs and challenges.

 

Summary of Key Principles

1. Sovereignty and Democracy: Upholding the principles of popular sovereignty and democratic governance.
2. Fundamental Rights and Duties: Ensuring equality, freedom, and protection of individual rights, alongside duties promoting national unity and ethical conduct.
3. Governance Structure: Establishing a democratic, representative, and accountable system of governance.
4. Economic and Social Policies: Promoting sustainable development, social justice, and cultural heritage.
5. Directive Principles: Focusing on the welfare of the people, environmental protection, and scientific progress.
6. Amendment and Adaptability: Providing mechanisms for constitutional amendments and ensuring flexibility to adapt to future needs.

This framework incorporates Bose’s vision of a free and just India, blending revolutionary ideals with practical governance structures, aiming to create a society that honours its heritage while embracing modern democratic principles.

[This article is based on the book “Decolonize India: Reimagine a New Democratic Republic Constitution for India”.]