The Constitution Still Thrives, Let it Show India the Way

The Constitution Still Thrives, Let it Show India the Way

November 2024 marks the 75th anniversary of the adoption of the draft Constitution of India by the Constituent Assembly on 26 November 1949. 

  • This milestone provides an opportunity to reflect on whether the vision of the framers of the Constitution has been fully realized.

The Indian Constitution came into force on 26 January 1950.

Relevance of 26 January: During the Lahore session in 1930, the Indian National Congress officially chose 26 January as the date to celebrate Independence Day, known as ‘Poorna Swaraj Diwas’. This date was selected to symbolize the country’s commitment to achieving complete independence.

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Dr. B. R. Ambedkar’s Key Concerns

  • Background: The need for a legal framework to govern India democratically, ensuring equality and liberty for its citizens, led to the creation of the Constitution.
  • Ambedkar’s Warning: On 25 November 1949, Dr. Ambedkar who headed the drafting committee addressed the Assembly and stated;
    • “However good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot.”
  • Meaning: Dr. Ambedkar stressed that the working of the Constitution depended not just on its legal framework but on how the people and political parties applied it. 
    • The success of the Constitution depends on how future generations of leaders and citizens chose to implement its ideals.
  • Equality and Fraternity: 
    • “we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. ”
  • Meaning: Dr. Ambedkar described how, despite adopting the principle of political equality—one person, one vote—Indian society continued to suffer from deep social and economic inequalities.
    • He stated while the Constitution promised political equality, the existing social and economic structures, rooted in caste and class divisions, would continue to deny true equality in day-to-day life.
  • Absence of Fraternity: Dr. Ambedkar further emphasized the absence of fraternity, a principle he believed was essential for the unity and solidarity of Indian society. 
    • Fraternity, according to him, meant a sense of common brotherhood among all Indians, which could only emerge once the caste system, religious divisions, and lack of a unified national identity were addressed.
  • He argued that without liberty, equality, and fraternity functioning together, none of these principles could thrive independently.

Progress in Achieving the Constitution’s Aims

Seventy-five years later, it is essential to assess the progress India has made in achieving the ideals set out by Dr. Ambedkar. While there have been advancements in some areas, much work remains to be done.

  • Advances in Equality: The abolition of untouchability under Article 17, the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and affirmative action through reservations for Scheduled Castes (SCs) and later for Other Backward Classes (OBCs) are key milestones in the pursuit of social equality.
    • Gaps in Achieving Full Equality: Initially intended to be temporary, these reservations have become entrenched in the system and are politically difficult to challenge. 
      • Yet, despite these efforts, the task of promoting social and economic equality remains far from complete. 
    • Caste Census: There has been growing demand for the conduct of a caste census, as many believe that it would provide a more accurate understanding of the demographic composition of the population. 
      • This data could then be utilized to implement more effective policies, including those related to reservations.
  • Fraternity: A Work in Progress: Dr. Ambedkar’s vision of fraternity, the sense of oneness among all Indians, remains an ongoing challenge. 
    • Events That Strengthen Fraternity: Despite this, there has been significant progress in developing a national identity. 
      • Events like cricket matches featuring the Indian national team or the collective mourning after national crises, such as the Kargil War or the Galwan conflict, demonstrate a sense of nationhood that transcends local or sectarian identities.
    • Activities Hampering Fraternity: However, the mobilization of votes along caste, creed, and regional lines continues to fragment the social fabric. 
      • In some ways, the extension of reservations to OBCs has politicized caste, further entrenching it in public life rather than eradicating it, as Dr. Ambedkar had envisioned.

The Paradox of Caste Reservations: Promoting Equality, Undermining Fraternity

  • While reservations have promoted equality by giving marginalized communities access to opportunities, they have also arguably undermined the principle of fraternity. 
  • As sociologist Dipankar Gupta notes, the expansion of caste-based reservations has turned caste into a “political resource,” which contradicts Dr. Ambedkar’s vision of a society free from caste distinctions. 
  • Instead of diminishing caste as a divisive force, caste-based politics has strengthened its presence in public life.
  • Dr. Ambedkar’s ultimate aim was the annihilation of caste in India, but the reality today is that caste continues to play a significant role in shaping politics and society.

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India’s Constitutional Journey

  • Over the course of 75 years, the Constitution has become deeply ingrained in the nation’s collective consciousness, evolving through 106 amendments. 
  • This enduring adaptability reflects the vision of the framers, who envisioned the Constitution as a “living document,” capable of evolving to meet the changing needs of society.
  • Challenges: The erosion of constitutional institutions have led to concerns over the state of Indian democracy. Challenges such as 
    • There is growing concern over the diminishing role of Parliament, which now sits for fewer sessions,
    • Increasing pressures on the judiciary
    • There have been accusations that the judiciary is showing favoritism towards the government, raising questions about its independence and effectiveness in upholding the rule of law.
    • Democracy Index: The V-Dem Institute has even labeled India an “electoral autocracy,” policed by the “constable. 

Electoral Autocracy

  • In such a system, the appearance of democracy is maintained, but in practice, the government exercises autocratic control, undermining genuine political competition and citizen participation.

Constable Approach

  • The “constable approach” refers to a strategy where the government employs stringent measures to ensure that people adhere to its rules and laws. 
  • For example, in the context of freedom of speech, while individuals may not be engaging in hate speech, they might be using speech in ways that are not fully understood by other people causing uproar and violence. 
  • In such cases, the government may resort to harsh actions to enforce regulations, aiming to uphold public order and control.

Ambedkar’s Warning Relevant in Modern Times

  • Dr. Ambedkar’s warning about the need for constant vigilance and active custodianship of the Constitution remains ever relevant.
  • “Independence is no doubt a matter of joy. But let us not forget that this independence has thrown on us great responsibilities. By independence, we have lost the excuse of blaming the British for anything going wrong. If hereafter things go wrong, we will have nobody to blame except ourselves.”

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Conclusion

Seventy-five years later, we must reflect on how far we have come and what more we can do to honor Dr. Ambedkar’s vision. As we celebrate the Constitution, we must commit to reducing the number of things we need to blame ourselves for and strive to fulfill the promises of liberty, equality, and fraternity that were set out for us.

Mains Practice

Q. Given the evolving nature of Indian society, how can the Constitution adapt to meet the changing demands of social justice while maintaining its core principles? (10 M, 150 words)

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