On November 26, India marked the 75th anniversary of the adoption of the Constitution by the Constituent Assembly in 1949.
Evolution of the Indian Constitution
- The Constitution of India at Commencement: It had 395 articles in 22 parts and 8 schedules at the time of its commencement.
- Amendments and Adaptability: The Constitution has been amended 105 times since its adoption, reflecting India’s evolving socio-political landscape.
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Constitution Day: History
- Framing Authority: After gaining independence, the task of drafting the Constitution of India was entrusted to a legislative body known as the Constituent Assembly.
- The Constituent Assembly was established under the Cabinet Mission Plan of 1946.
- Formation of the Constituent Assembly
- The first session of the Constituent Assembly was chaired by Dr. Sachhidanand Sinha, the oldest member, serving as the Provisional President.
- Dr. Rajendra Prasad was elected the permanent president of the Assembly on December 11, 1946.
- Committees Formed for Constitution Drafting: The Constituent Assembly formed 13 committees to frame the Constitution.
- The Drafting Committee was the primary body, chaired by Dr. B.R. Ambedkar.
- Constituent Assembly Sessions: The Assembly conducted 11 sessions over two years, 11 months, and 18 days.
- Adopted On: The Constitution was adopted on November 26, 1949.
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- Current Status: The Constitution of India continues to be the longest written constitution in the world,
- serving as the foundation of India’s democratic and legal system,
- while remaining a living document that adapts to contemporary needs.
- At present, the Constitution of India has 448 articles in 25 parts and 12 schedules.
Different Types of Constitutional Interpretations
- Textualism: Focusing on the plain or historical meaning of the constitutional text.
- Example: A.K. Gopalan v. State of Madras (1950): Literal interpretation of Articles 19, 21, and 22.
- Originalism: Considering the intent of the framers.
- Example: Kesavananda Bharati v. State of Kerala (1973): Consideration of the framers’ intent regarding the amending power of Parliament.
- Judicial precedent: Relying on previous court decisions.
- Example: Maneka Gandhi v. Union of India (1978): Reliance on previous judgments to expand the interpretation of Article 21.
- Pragmatism: Considering practical consequences.
- Example: Vishakha v. State of Rajasthan (1997): Creation of guidelines to address workplace sexual harassment in the absence of specific legislation.
- Moral reasoning: Applying ethical principles.
- Example: Navtej Singh Johar v. Union of India (2018): Decriminalization of consensual same-sex relations based on principles of dignity and equality.
Difference between Flexible and Rigid constitutions
| Aspect |
Flexible Constitution |
Rigid Constitution |
| Amendment Process |
Easy to amend; requires a simple majority in the legislature |
Difficult to amend; requires special procedures or supermajority |
| Examples |
United Kingdom, New Zealand, |
United States, Germany |
| Change Adaptability |
Highly adaptable to societal changes without major hurdles |
Requires formal, often lengthy processes for amendments |
| Flexibility |
More flexible to address emerging needs and challenges |
Less flexible, ensures stability but may struggle with quick adaptation |
| Constitutional Nature |
Usually unwritten or partially written, with laws evolving over time |
Written, with specific provisions outlined for amendment |
| Stability vs. Change |
Allows for quicker adjustments to balance progress and stability |
Strong on stability, but can be slow to evolve with societal changes |
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About Constitution Day of India/Samvidhan Divas
- Annual Observance: Constitution Day of India is observed annually in India to mark the adoption of the Indian Constitution by the Constituent Assembly on November 26, 1949.
- The Constitution, adopted on this day, came into effect on January 26, 1950, a day chosen to honor the Purna Swaraj (Complete Independence) Declaration of 1930.
- Government Designation:
| Dr. B.R. Ambedkar, widely regarded as the “chief architect” or “father” of the Indian Constitution, said:
“The Constitution is not a mere lawyer’s document; it is a vehicle of life, and its spirit is always the spirit of the age.” |
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- In 2015, the Ministry of Social Justice and Empowerment officially designated November 26 as Constitution Day.
- The day was chosen to promote constitutional values and to coincide with Dr. B.R. Ambedkar’s 125th birth anniversary.
- Prior Observance: Prior to its formal declaration as Constitution Day, November 26 was observed as Law Day.
Significance of Constitution Day
- Awareness of Constitutional Ideals: Constitution Day raises awareness about the constitutional ideals, rights, and commitments, focusing on justice, liberty, equality, and brotherhood, while fostering national unity.
- Reflect on India’s Transformative Journey: The day reflects India’s transformative journey, and reaffirms its commitment to democratic ideals.
- Since its inception, the Constitution serves as the guiding framework, shaping the nation’s progress over the past 75 years.
- Honoring the Vision of the Constituent Assembly: This day also honors the vision and efforts of the Constituent Assembly in establishing the foundation of a sovereign, socialist, secular, and democratic republic.
- Promoting Civic Engagement: Constitution Day encourages active civic participation and responsibility, reinforcing India’s dedication to building a progressive, inclusive, and equitable society.
India and Constitutional Governance
- About Constitutional Governance: It refers to the system of government in which the authority of the state is defined, limited, and regulated by a constitution.
- It ensures that the exercise of power by various institutions and individuals remains within the legal framework established by the constitution.
- India’s journey as a constitutional democracy is rooted in the adoption and implementation of its Constitution, which governs the country’s political and legal framework.
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Landmark Judgements that shaped India’s Constitutional Journey:
- Kesavananda Bharati (1973): Established the “Basic Structure Doctrine,” limiting Parliament’s power to amend the Constitution.
- Maneka Gandhi (1978): Expanded the scope of Article 21, guaranteeing the right to life and personal liberty with dignity.
- Minerva Mills (1980): Reinforced the balance between Fundamental Rights and Directive Principles of State Policy.
- Indra Sawhney v. Union of India (1992): Upheld the reservation for Other Backward Classes (OBCs) but capped it at 50%, reshaping affirmative action policies and sparking debates on caste and class in India.
- Vishaka v. State of Rajasthan (1997): The court established guidelines to prevent sexual harassment in the workplace, which led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
- Navtej Singh Johar vs. Union of India (2018): In a historic judgment, the court decriminalized homosexuality, striking down Section 377 of the Indian Penal Code.
- Puttaswamy vs. Union of India (2017): The court recognized the right to privacy as a fundamental right, impacting data protection and individual autonomy.
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Manner in which the Constitution of India Paves the Way for the Nation’s Progress
- Political Dimensions:
- Constitution as the Primary Source: The Constitution of India serves as the primary source of legal authority, empowering Parliament and State Legislatures to enact statutes.
Role of Women in India’s Constituent Assembly:
- The 299-member Constituent Assembly had 15 women members (of whom two later resigned), including prominent figures like Sarojini Naidu, Sucheta Kripalani, and Vijaya Lakshmi Pandit.
Here are, five notable women from the Assembly:
- Ammu Swaminathan (1894-1978): In the Constituent Assembly, she spoke about the Hindu Code Bill and gender equality, despite facing male-dominant opposition.
- Post-independence, she was elected from Dindigul in Tamil Nadu and served as India’s goodwill ambassador to countries like Russia, China and the US.
- Annie Mascarene (1902-1963): As part of the Constituent Assembly, she spoke about the need for a strong Centre in the early days of the republic, while simultaneously emphasising the autonomy of local governments
- Begum Qudsia Aizaz Rasul (1909-2001): she supported women’s causes and opposed separate religious electorates
- Dakshayani Velayudhan (1912-1978): She disagreed with Ambedkar on the need for separate electorates, saying the provision highlighted differences and was against nationalism.
- Renuka Ray (1904-1997): In 1946, she was elected to the Constituent Assembly and discussed issues like the Hindu Code Bill and opposed women’s reservation in legislatures, saying it would be “an impediment to our growth and an insult to our very intelligence and capacity”.
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- Rule of Law: Rule of Law has been declared by the Supreme Court as one of the basic features of the Constitution. It means that there must be the supremacy of law and no one should be above the law, everybody is equal before the law. Separation of Powers: The Constitution establishes a fine balance between the legislature, executive, and judiciary. The powers are divided into three branches to ensure checks and balance:
- Legislature (Parliament): Makes laws.
- Executive (President & Ministers): Enforces laws.
- Judiciary (Supreme Court & High Courts): Interprets and upholds the law.
- Electoral Reforms: India’s democratic setup is underpinned by constitutional provisions like free and fair elections.
- India is a democratic republic with universal adult suffrage.
- Institutions like the Election Commission derive their authority from the Constitution to uphold electoral integrity.
- Amendability: The Constitution can be amended to adapt to societal changes ( Article 368 in Part XX of the Indian Constitution).
- Source of inspiration for emerging democracies:
- Economic Dimensions:
- Directive Principles of State Policy (DPSP): These are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by courts.
- Example: Initiatives like MGNREGA and Right to Education are aligned with Article 39 and Article 45, demonstrating the Constitution’s role in shaping welfare policies.
- Social Dimensions:
- Fundamental Rights: The Fundamental Rights in India enshrined in part III of the Constitution of India are a basic set of rights designed to protect the freedoms and liberties of individuals.
- Secularism: The Indian constitution aims for a secular state where all religions are treated equally
- Addressing Social Inequities: Affirmative action under Articles 15 and 16 of the Constitution has empowered marginalised communities.
- Judicial Dimensions:
- Integrated Judiciary: It provides for a single integrated system of courts to administer both Union and State laws.
- Judicial Review: It is a process under which a government’s executive, legislative, or administrative actions are subject to review by the judiciary.
- It empowers the courts to uphold the Constitution, ensuring that justice is served and protecting the rights of citizens, even against state overreach.
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Constitutional Progress Made in the Last 75 Years
- Political Empowerment
- Democratic Elections: India successfully conducts free and fair elections, making it the world’s largest democracy.
- Example: The largest electorate in the world i.e 96.88 crores registered to vote for the General Elections, 2024 in India.
- Decentralization: The 73rd and 74th Constitutional Amendments empowered local governance through Panchayati Raj Institutions and Urban Local Bodies, strengthening grassroots democracy.
- Increased Representation: Reservations for SCs, STs, and women in legislatures and local governance have enhanced political participation of marginalized communities.
- Example: 74 MPs (14%) elected to the 18th Lok Sabha are women.
- Economic Development
- Poverty Alleviation: Judicial emphasis on Directive Principles has influenced welfare schemes, such as recognizing the right to food under the National Food Security Act.
- According to NITI Aayog Discussion Paper, India has registered a significant decline in multidimensional poverty in India from 29.17% in 2013-14 to 11.28% in 2022-23 i.e. a reduction of 17.89 percentage points
- Industrial Growth: India ranks 5th in the world’s GDP rankings for 2024.
- Literacy Rates: According to the report published by the National Survey of India, the Literacy Rate of India in 2023 is 77.7 percent.
- Strengthening Fundamental Rights
- Judicial Interpretations: Expansion of rights through judgments, such as:
- Right to Privacy (K.S. Puttaswamy v. Union of India, 2017).
- Right to Education under Article 21A through the 86th Amendment.
- Anti-Discrimination Laws: Enactment of legislations like the SC/ST (Prevention of Atrocities) Act ensures the protection of vulnerable communities.
- Recognition of Marginalized Groups
- LGBTQ+ Rights: Decriminalization of Section 377 through Navtej Singh Johar v. Union of India (2018) affirmed LGBTQ+ rights under Articles 14, 15, and 21.
- Minority Rights: Strengthening educational and cultural rights for minorities through Article 30.
- Advancement in Equality
- Abolition of Untouchability: The Constitution’s directive to abolish untouchability has seen progress with affirmative action programs, particularly reservations for Scheduled Castes (SCs) and Other Backward Classes (OBCs).
- Incomplete Social and Economic Equality: Despite these measures, the goal of achieving true social and economic equality remains incomplete.
- Continued demands for further opportunities and a caste census indicate ongoing struggles for equality of outcomes in society.
- Fraternity and National Unity
- Mobilization by Caste and Region: The mobilisation of votes based on caste, creed, region, and language continues to be a significant feature of Indian politics.
- This has impacted the social and psychological unity envisioned by Dr. Ambedkar, keeping fraternity as a work in progress.
- Sense of Nationhood: Despite persistent local identities, a stronger sense of nationhood has emerged, evidenced by national unity in times of international crisis or pride, such as during the Kargil War (1999) and the Galwan incident (2020).
Challenges to Constitutional Institutions
- Diminished Role of Parliament: Parliament’s capacity to function as a robust legislative body has weakened.
- Reduction in Parliamentary Days: The average number of days Parliament sits annually has dropped dramatically from 135 in the first Lok Sabha to just 55 in the 17th Lok Sabha (2019-24).
- Political Interference: Frequent attempts by political actors to influence constitutional bodies such as the Election Commission, the judiciary, and investigative agencies such as Enforcement Directorate (ED), Central Bureau of Investigation (CBI) undermine their independent functioning and lead to erosion of trust.
- Example: Lack of transparency in the appointment of key officials of constitutional bodies, raises questions about impartiality and political favoritism.
- Judicial Pendency and Overreach: The judiciary faces challenges to its independence and credibility.
- Case backlogs delay justice, while encroachment into legislative or executive domains raises concerns about separation of powers.
- Corruption and Accountability: Allegations of institutional corruption weaken public trust and efficiency.
- Declining Oversight: Weakening of parliamentary committees and excessive use of ordinances reduce legislative scrutiny.
- Technological Challenges: Misinformation and cybersecurity risks threaten processes like elections and judicial transparency.
- Instances of electoral manipulation and governance have led to India being labeled an “electoral autocracy” by the V-Dem Institute.
Way Forward
- Preserve Institutional Independence: Ensure the autonomy of constitutional bodies like the Election Commission, judiciary, and Comptroller and Auditor General (CAG) through transparent appointment processes and functional independence.
- Strengthen Federalism: Promote cooperative federalism by ensuring equitable resource allocation and addressing concerns about biased central interventions.
- Promoting Awareness: Increased awareness of constitutional rights and duties among citizens is essential for vibrant democracy.
- Inclusive Development: Policies must align with constitutional ideals to bridge socio-economic disparities while respecting environmental sustainability.
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Conclusion
- Our Constitution strikes a balance between rigidity and flexibility, allowing for the preservation of its core principles while adapting to societal changes. This adaptability, evident in provisions like the Right to Education, amendments to Article 370, GST, the NCBC, and key judgments on privacy, Section 377, triple talaq, and NOTA, demonstrates that, as Darwin said, survival depends on responsiveness to change.
- This ability to evolve is what ensures the continued strength and relevance of our democracy.
November 27, 2024
