Sixteen Stormy Days tells the story of the first amendment of the Constitution of India, passed in June 1951 in the face of tremendous opposition within and without the Parliament, and the subject of some of Independent India's fiercest parliamentary debates. It was a pivotal moment in Indian constitutional and political history. The first amendment broke new ground to curb the freedom of speech-public order, the interests of the security of the state and relations with foreign states; enabled caste-based reservations in education by restricting freedom against discrimination; circumscribed the right to property; validated zamindari abolition; and, finally, created a special schedule where laws could be placed to make them immune to judicial challenge even if they violated fundamental rights.How did fundamental rights-the heart and soul of the Constitution-so ceremoniously and pointedly given in 1950, become the lacunae in the same Constitution and the cause of grave difficulties by 1951? What led to theleading framers of the Constitution turning on their own creation within fifteen months, and to the Government of India and the Congress party taking the extraordinary step of radically amending the Constitution they had piloted in 1950? Who got up to defend the newly granted fundamental rights when the moment came, and how did this climactic battle unfold? And, finally, what were the consequences? Were there lacunae in the Constitution, as Jawaharlal Nehru believed, or was man (and the government) 'vile', as B.R. Ambedkar had asserted before the constituent assembly These are the questions this book seeks to explore, and within them lies the story it seeks to tell.
Sixteen Stormy Days narrates the riveting story of the First Amendment to the Constitution of India-one of the pivotal events in Indian political and constitutional history, and its first great battle of ideas. Passed in June 1951 in the face of tremendous opposition within and outside Parliament, the subject of some of independent India's fiercest parliamentary debates, the First Amendment drastically curbed freedom of speech; enabled caste-based reservation by restricting freedom against discrimination; circumscribed the right to property and validated abolition of the zamindari system; and fashioned a special schedule of unconstitutional laws immune to judicial challenge.Enacted months before India's inaugural election, the amendment represents the most profound changes that the Constitution has ever seen. Faced with an expansively liberal Constitution that stood in the way of nearly every major socio-economic plan in the Congress party's manifesto, a judiciary vigorously upholding civil liberties, and a press fiercely resisting his attempt to control public discourse, Prime Minister Jawaharlal Nehru reasserted executive supremacy, creating the constitutional architecture for repression and coercion.
What extraordinary set of events led the prime minister-who had championed the Constitution when it was passed in 1950 after three years of deliberation-to radically amend it after a mere sixteen days of debate in 1951?
Drawing on parliamentary debates, press reports, judicial pronouncements, official correspondence and existing scholarship, Sixteen Stormy Days challenges conventional wisdom on iconic figures such as Jawaharlal Nehru, B.R. Ambedkar, Rajendra Prasad, Sardar Patel and Shyama Prasad Mookerji, and lays bare the vast gulf between the liberal promise of India's Constitution and the authoritarian impulses of her first government.
