Constitutionalism in India: Definition, History, Evolution & Contemporary Triumphs

Constitutionalism in India: A Journey Through History and Contemporary Triumphs #

• An Early Embrace of Constitutionalism: Constitutionalism in India transcends the period of independence from foreign rule. Even in the late eighteenth century, the state’s role was primarily focused on maintaining law and order.
  • However, as the nineteenth century drew to a close, India began a progressive transition in the role of the state.
• Socialist State Ideals: Post World War II, India’s constitution was crafted with explicit provisions for establishing a socialist state, replacing the laissez-faire approach. 
  • This shift marked a significant ideological change in the country’s governance framework.
• Historical Precedents: Throughout India’s history, there is ample evidence that rulers, including figures like Aurangzeb during the Mughal Empire, cared for the welfare of their people and addressed their demands. This historical context provides a backdrop to the evolution of constitutionalism in India

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• • Initially, even colonial powers respected traditional Indian governance. Slowly to strengthen and expand their rule, they started ignoring these traditions
• Role of Indian Reformers: Visionaries like Raja Ram Mohan Roy played pivotal roles in restoring pre-British traditions and advocating for social reforms, such as the abolition of the Sati system. 
  • Swami Dayanand, Swami Vivekananda, and Mahatma Phule also contributed to societal reform and the dissemination of modern ideas among the masses. 
  • These efforts continued to gain momentum even after British colonial rule replaced the East India Company’s administration.
• Influence of Indian Struggle Movements: Motilal Nehru Report of 1928 and the Karachi Resolution of 1931 conveyed the evolving aspirations for the nation’s constitution and demonstrated India’s capability in self-governance.
• Experiences gained from the Government of India Acts of 1919 and 1935, along with decisions from the Federal Court, provided valuable insights.
• Sustained Functionality: Despite challenges, such as partition, diversity, and the integration of over five hundred princely states into the Union of India, the Indian Constitution has proven its resilience.
• Major and Minor Amendments: have been made to address emerging issues, while upholding the doctrine of the “Basic Structure” as inviolable.
• Power of Constitutionalism: Indian constitutionalism, learned, practiced, and embedded in the Constitution, has been crucial in ensuring the system’s stability.

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• • The commitment of India’s leaders and its people to uphold the constitution’s principles, making necessary adjustments and improvements as needed, is a testament to its success.
• Future of Indian Constitutionalism: The continued functionality of India’s Constitution is seen as a remarkable achievement, considering the nation’s vast diversity and socio-economic challenges.
  • The commitment to preserving the Constitution’s “Basic Structure” is a guiding principle for the nation’s future governance.
  • It is a tribute to the enduring power of constitutionalism in India and the adaptability of India’s democratic framework.
  • Professor Ackerman and many others have expressed surprise as to how in a country of immense diversity, poverty, ignorance and many other negative factors, the Constitution has been working reasonably well since January 1950.

What are the Key Factors Contributing to the Success of Constitutionalism in India? #

• Making of the Constituent Assembly: The success of constitutionalism in India can be attributed to the meticulous planning and execution of the Constituent Assembly.
  • Foundation for Constitutionalism: Drafting Committee led by Dr. B.R. Ambedkar and other visionary leaders and experts laid the groundwork for India’s democratic governance.

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• Visionary Socio-Political-Economic Blueprint: The framers of the Indian Constitution possessed a broad vision for the nation’s social, political, and economic development. 
  • This vision was integral to the successful implementation of constitutionalism in its initial years. 
  • The Constitution was designed to address the diverse needs and aspirations of the Indian populace.
• Resilience Amidst Challenges: Despite significant challenges, including the promulgation of Emergency from 1975 to early 1977, instances of riots, terrorist attacks, and corruption, India’s constitutionalism persevered.
  • The nation’s democratic elections for Parliament and State Legislatures continued, even in the face of adversity. This resilience showcased the enduring strength of constitutionalism in India.
• Strengthening Democracy: Through the regular conduct of elections, not only for Parliament and State Legislatures but also for Panchayats and Municipalities following their constitutionalization.
  • Elections empowered the citizenry and ensured the essence of constitutionalism, including the protection of constitutional rights by courts, remained robust.
• Constitutional Governance: It works according to the Constitution and follows the important values written in it.
  

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How has the Supreme Court’s perspective shaped constitutionalism in India? #

• R.C. Poudyal vs Union Of India(1993) Case: In this case, the Supreme Court emphasized a fundamental principle: 
  • Mere Existence of a Constitution is Insufficient as it does not automatically guarantee constitutionalism in India or a constitutional culture. 
  • It’s the political maturity and traditions of the people that breathe life into a constitution, giving it meaning and purpose.
• S.R. Chaudhuri v. State of Punjab (2001): Supreme Court emphasis on the significance of political maturity and traditions in making a constitution meaningful and effective.

Defenders of Democracy: Elements Safeguarding Constitutionalism in India #

• The Preamble of the Constitution: The Preamble is of great utility as a guide to the interpretation of the constitutional provisions of the Constitution.
• Fundamental Rights: Constitution limits the state tyranny by making FR as a constitutional right. It acts as a limitation against states for its arbitrary actions.
  • Article 21 and Due Process of Law: Article 21 of the Indian Constitution provides that life and liberty cannot be deprived except by a procedure established by law.
  • The Supreme Court held that any procedure established by law under Article 21 must be ‘fair, just, and reasonable’ and cannot be arbitrary.
  • This adheres to the principle of Constitutionalism in India which connotes the due process of law.
• Judicial Review: This is power of the courts of a country to examine the actions of the legislative, executive, and administrative branch of the government and to determine whether such actions are consistent with the constitution and which check its legality.
• Directive Principles: It aims at establishing a Welfare State. It also promotes social and economic democracy in India.
  • These are some basic principles or guidelines for the government while formulating laws/policies of the country and in executing them.
• Fifth and Sixth Schedules: Both these schedules honor the diversities and rights of Tribal and Indigenous communities and also promote social welfare of these communities who faced historical discrimination.
• Free and Fair Regular Elections: Elections are the essence of democracy. They allow people to select their representatives and then to hold them accountable.
  • If some citizens are prevented from voting or if there are malpractices, elections can not be termed as Free and Fair.
• Special Provisions in Part XVI: This part of the Constitution contains special provisions for certain classes, including Scheduled Castes, Scheduled Tribes, and other Socially and Educationally Backward Classes for their empowerment who faced historical discrimination and due to which they are at disadvantageous position

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How have Democratic Principles and Equal Inclusion Shaped Constitutionalism in India? #

• The Essence of Constitutionalism: While drafting a constitution is a crucial step, the true assurance of constitutionalism goes beyond the written text. 
  • It hinges on the democratic principles embedded within the system.
• Equal Inclusion and Participation: The bedrock of constitutionalism is ensuring the equal inclusion and active participation of all individuals, as well as their various groups or sections, in society. 
  • This inclusion is pivotal for upholding the ideals of constitutionalism
• Equal Citizenship: In a constitutional setup, the idea of equal citizenship is not merely a concept but the very cornerstone of constitutionalism.
  • It signifies that every citizen is equal before the law and is entitled to the same rights and protections.
  • The best guarantee of constitutionalism in any country is a democratic framework that embodies equal participation, equal protection, and equal rights for all.
  • This ensures that the constitution is not just a legal document but a living, breathing embodiment of democratic values.
•  Flourishing Constitutionalism in India: Constitutionalism in India flourishes when democratic principles and equal inclusion are its guiding forces. 
  • The success of a constitution lies not solely in its drafting but in the commitment to a robust, inclusive democracy that safeguards the rights and freedoms of all citizens.