The Linguistic Cosmopolitanism of the Constitution of India

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The Cosmopolitan Spirit of India's Constitution: A Linguistic Exploration
A Unique Blend of Languages
Seventy-five years on, India's Constitution remains a captivating document. Its power lies not just in its legal framework, but also in the very words that shape it. Written in English, often seen as a vestige of colonialism, the Constitution transcends this legacy through a remarkable linguistic cosmopolitanism. It's a tapestry woven with threads from various languages, reflecting a truly global outlook.
As Robert Ferguson eloquently put it, a Constitution lives in the "vitality of its language." This vitality is abundantly evident in India's Constitution.
A Lexicon Reflecting Indian Roots and Global Influences
The Constitution's English incorporates terms from Latin, Persian, and various Indian languages. Administrative terms like panchayat and gram sabha sit alongside legal concepts like habeas corpus and mandamus. This multi-layered linguistic approach mirrors the Constitution's willingness to draw inspiration from other global constitutions while remaining firmly rooted in Indian soil.
This borrowing isn't mere imitation; it's a conscious engagement with a global "contagious political genre," as some scholars have described the circulation of constitutional ideas. The influence of constitutions from the US, Canada, and elsewhere is evident in the framing of Fundamental Rights and the Directive Principles of State Policy, mirroring the rise of the welfare state ideal in the 20th century.
Indian English: A Standard in Its Own Right
The Constitution's unique English isn't a deviation from a standard; it establishes its own standard. The transliteration, not translation, of Indian terms underscores a confident embrace of an Indian variant of English. This reflects not only linguistic ownership but also the Constitution's commitment to social justice and the emancipatory potential of language in a rights-oriented culture.
A Departure from the Colonial Past
While drawing on the Government of India Act of 1935, the Constitution makes a decisive break from its colonial predecessor. The Act's focus on land revenue terms like kist and inamdar, tied to a limited franchise based on property ownership, contrasts sharply with the Constitution's commitment to universal suffrage. The very absence of these terms in the Constitution speaks volumes about its progressive vision.
The inclusion of legal Latin terms, absent in the 1935 Act, highlights the Constitution's engagement with fundamental rights and judicial remedies, marking a shift from mere administration to a focus on individual liberties.
Shaping a Vision of the Future
The Constitution isn't just a document of the present; it's a roadmap for the future. As Ambedkar envisioned, it provides "directions to the future legislatures and executives." This future-oriented perspective is evident in the language used in the Directive Principles, with phrases like "The State shall strive" and "The State shall endeavour," expressing a nuanced and determined commitment to progress.
The Constitution's language expertly blends different time frames, referencing both ancient Indian concepts and contemporary global legal principles. This interplay of past, present, and future reveals a dynamic vision for India.
As Linda Colley observes, constitutions offer the promise of "benign and exciting transformations." The Indian Constitution embodies this promise, crafting a layered sense of futurity through carefully chosen words and phrases.
A Literary and Linguistic Masterpiece
Beyond its legal significance, the Indian Constitution is a literary achievement. Its carefully crafted prose, particularly in the Preamble, evokes a sense of momentous occasion. The punctuation, capitalization, and rhythm of the language create a powerful invocation to the birth of a democratic republic.
Kenneth Burke described a Constitution as "summational and converging." India's Constitution embodies this idea perfectly, converging diverse linguistic influences into a powerful and enduring document. Its linguistic cosmopolitanism is not just a political or legal accomplishment, but a linguistic and literary one as well.