The Founding Mothers of the Indian Constitution
I had the honour of participating as a panellist in a discussion titled "The Founding Mothers: 15 Women Architects of the Indian Constitution" held on 12 August 2025.
https://www.scconline.com/blog/post/2025/08/11/nliu-bhopal-panel-15-women-architects-indian-constitution/
The session offered a valuable opportunity to reflect on the often-overlooked contributions of women to the making of the Indian Constitution and to evaluate the broader implications of their legacy in today’s socio-political landscape.
One of the central questions that emerged during the discussion was the socio-economic background of these pioneering women. It was observed that, except for two, the majority of these women hailed from elite, well-connected families. This fact, while seemingly exclusionary at first glance, needs to be understood within the historical and societal context of early 20th-century India.
During that time, female literacy was alarmingly low—according to the Census of India conducted in 1930, only 2.39 percent of women were literate. By the time India gained independence in 1947, the rate had only risen to 8 percent. Women's participation in public life was severely constrained by patriarchal norms, cultural taboos, and limited access to education. These conditions meant that leadership roles, especially in national politics and constitutional affairs, were often restricted to women from privileged families who had the rare advantage of education and public visibility.
In contrast, today the female literacy rate stands at approximately 70 percent. An increasing number of women are pursuing education, entering the workforce, and aspiring to positions of leadership. Yet, systemic barriers persist. Despite significant progress, women remain grossly underrepresented in institutions of power. For example, women currently constitute only 14.7 percent of India’s Parliament, and their presence in the Higher Judiciary—including the High Courts and the Supreme Court—remains disproportionately low. This is not due to a lack of qualified women, but rather the persistent reluctance of political parties and institutions to share power on equal terms. Even today, few parties nominate women in numbers proportionate to their male counterparts.
The 73rd Constitutional Amendment, which introduced reservations for women in Panchayati Raj institutions, was a landmark reform. Today, over 1.4 million women serve in local self-government bodies. However, many of these women face institutional and social resistance, with some reduced to proxy representatives while male relatives continue to wield real control. This practice undermines the very spirit of democratic decentralization and gender empowerment.
We also examined the political dynamics that influenced the selection of members for the Constituent Assembly. Historical research reveals that orthodox nationalists at the time opposed the inclusion of women, arguing against their participation in the nation's foundational processes. Moreover, male leaders from the same communities often actively obstructed women's entry, using both formal and informal mechanisms to limit their involvement.
Another important subject of debate was the Women’s Reservation Bill, a proposal that remained stalled in Parliament for decades. The resistance to this bill was, and continues to be, rooted in the unwillingness of many male leaders to relinquish political space. Even though the Women’s Reservation Law has now been enacted, the promised 33 percent reservation for women in Parliament and State Assemblies remains far from implementation, largely due to delaying caveats and a lack of political will.
If we were truly equal, there would be no need for reservation. But equality in principle does not mean equality in practice. Social and economic hierarchies continue to affect access to education, employment, and power. Until we achieve genuine political equality—where everyone has an equal voice and opportunity—reservation remains essential as a corrective measure to address historical and structural injustices.
The conversation concluded with a consensus that any discussion around reservation and representation must go beyond symbolic gestures or numerical quotas. True empowerment requires us to confront the structural barriers that prevent marginalized groups—not just women, but also those from oppressed castes, classes, and communities—from accessing and exercising power. Representation must be paired with reforms that ensure meaningful participation and agency. It is not enough to have a seat at the table; one must also be heard, respected, and empowered to lead.
This discussion was a timely reminder that the legacy of the Constitution’s founding mothers is not just a matter of historical record—it is a living call to action. Their contributions challenge us to continue striving for a more inclusive, equitable, and democratic society.
Labels: elitism, legacy, political dynamics, reservation, substantive equality, Women Reservation Bill