‘We Will Teach India Democracy’: Indigenous Voices in Constitution Making

Abstract

The framing of the Indian Constitution (1946-50) was a pivotal moment in the history of indigenous communities (colloquially adivasis, officially scheduled tribes) and their relationship with the state. This essay makes three interventions. First, I contest the prevailing emphasis in Indian history and sociology on seeing indigenous politics as primarily in opposition to state institutions and laws. Instead, drawing on representations from indigenous organisations to the Constituent Assembly (CA), I highlight an earlier trajectory of engagement with law-making and state institutions. Second, I show how tribes saw the making of the constitution as an opportunity to be recognised as both equal citizens and distinct communities and offered real alternatives in constitutional design and ideas of democracy. What is particularly interesting is how, despite the different constitutional histories of countries with indigenous populations, there is common core to the demand for ‘constitutional recognition’ involving cultural, political and resource autonomy. Third, through a close reading of CA and committee deliberations, I show how personalities, processes and contingencies and not abstract rational deliberations alone shaped constitutional design. Here, I add to the literature locating the ‘force of law’ in the procedural movement of files.