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Celebrating 75 Years of the Constitution of India
Context:
The year 2025 marks the 75th anniversary of the Constitution coming into effect on January 26, 1950. It provides an opportunity to evaluate India’s journey as a democratic state rooted in constitutional values.
The Evolution of the Indian Constitution
- Historical Background: The Constitution was drafted over nearly three years (1946–1949) by the Constituent Assembly of India.
- Founding Philosophy: Designed as a visionary document, the Constitution aimed to uphold justice, liberty, equality, and fraternity.
- Complex Challenges: Dr. Ambedkar anticipated the hurdles India would face in transforming constitutional ideals into reality.
Ambedkar’s Vision: The Need for Constitutional Values
- Democratic Values: Ambedkar stressed that the Constitution’s success depends on the people’s ability to uphold democratic principles.
- Equality and Fraternity: He emphasised the need to eliminate social and economic inequalities to safeguard democracy.
- National Unity: He questioned how a society divided by caste could function as a true nation, underlining the critical role of fraternity.
Evaluating the Journey of the Indian State Through Foundational Values
- Achievements: The Constitution has endured as a living document, guiding the nation through socio-political challenges.
- Shortcomings: Despite its robustness, significant gaps persist in achieving liberty, equality, and fraternity.
- a) Federal Republic: Challenges and Perspectives
Issues in Centre-State Relations
- Recent Tensions: Disputes between State governments and Governors, debates on simultaneous elections, and fiscal federalism issues.
- Language and Identity: The neglect of regional languages highlights concerns about cultural and linguistic autonomy.
- Delimitation Concerns: The upcoming exercise poses challenges for balancing Union and State interests.
Criticism of the Constitution’s Federal Nature
- Critics argue that the Constitution tilts in favor of the Union, creating an imbalance in federal relations.
- Dr. Ambedkar defended the Constitution, stating that emergency provisions should not be confused with a unitary system.
Supreme Court and Federalism
- Key judgments like S.R. Bommai vs. Union of India (1994) and Government of NCT of Delhi vs. Union of India (2024) have upheld federalism as part of the Constitution’s basic structure.
- b) Social Democracy: Liberty, Equality, and Fraternity
Arguments for and Against India’s Progress
- Supporters’ View: India has made strides in political representation, women’s rights, and economic reforms.
- Critics’ View: The persistence of caste discrimination, socio-economic inequalities, and the misuse of laws like sedition and UAPA point to democratic backsliding.
Dr. Ambedkar’s Vision
- Ambedkar warned against the threats posed by unchecked inequalities to democracy.
- He underlined the importance of fraternity in creating a united and equitable society.
Progress and Roadblocks
- Fraternity: Limited success in fostering fraternal feelings through social movements and policies.
- Barriers: Caste-based divisions, communal polarisation, and inadequate social reforms hinder progress.
Challenges to the Constitution’s Foundational Values
- Calls for Constitutional Revision
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- Arguments for an “Indic Constitution” rooted in Hindu dharmic concepts challenge the secular framework.
- Critics argue that such revisions undermine the Constituent Assembly’s vision and three-quarters of a century of nation-building.
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- Erosion of Democratic Principles
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- Allegations of the country becoming a police state highlight concerns over civil liberties and dissent.
- Growing centralisation of power threatens the federal and democratic structure envisioned by the framers.
Way Forward: Upholding Constitutional Guardianship
- Dr. Ambedkar’s Guidance
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- Focus on defending democratic principles and preserving the Constitution as it stands.
- Prioritise removing inequalities and strengthening fraternity to ensure a stable democracy.
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- Role of Constitutional Guardians
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- Judges, bureaucrats, politicians, activists, journalists, and citizens must place the country above individual interests.
- A collective commitment to constitutional values is essential for fulfilling its promise.
