Preamble
The Indian Constitution is a document that serves as the foundational weapon of the world’s largest democracy. It came into existence on January 26, 1950. It emphasises the principles of justice, liberty, equality, and fraternity as inscribed in the Preamble of the Constitution. It is a mixture of federalism and unitary features, the Constitution has enabled a diverse nation of over a 140-crore people to act as a unified, democratic republic.
It ensures fundamental rights to its citizens, enshrines the directive principles of state policy, and establishes an independent judiciary to safeguard these rights. As a foundation of Indian democracy, it provides flexibility to adapt to societal changes while maintaining the core values of democracy and secularism. In spite of its profound social, political, and economic changes, the Indian Constitution remains a core force in shaping modern India.
It has facilitated India’s evolution from a newly independent nation to a global economic power while preserving its democratic legacy. The Constitution’s resilience lies in its ability to internalise change with continuity, ensuring that India’s democratic structure survives amidst global challenges. The past 50 years have seen significant challenges like power centralization, imposition of emergency, and weakening secularism.
Constitution of India: Its Relevance Today and Tomorrow for the survival of Democracy – The Foundations
India was a land of over 565 princely states, the British provinces, and regions with a variety of cultures, languages, and religions. Integration these into a blend of political entity required a constitutional network that recognized and celebrated diversity while strengthening unity.
The background of the discrimination based on caste, gender inequality, and economic disparity underlined the need for a progressive agenda. The Constitution aimed to dismantle royal hierarchies and empower the threshold groups through positive action and human rights. The Constitution under the vision and direction of Dr. B.R. Ambedkar, marshalled the following principles:
Principles of Justice, Liberty, Equality and Fraternity
The principles of social, economic, and political justice were inscribed in the Preamble and advocated through Directive Principles of State Policy and Fundamental Rights. The Article 17 abolishes untouchability, and the Article 39 emphasises equitable distribution of resources. The Articles 19 to 22 guarantee individual freedom like speech, expression, assembly, and movement while maintaining the balance of reasonable restrictions for public order and security.
The Constitution seeks level playing field with provisions like equality before the law under the Article 14, prohibition of discrimination under the Article 15, and reservation policies to uplift the Scheduled Castes, Scheduled Tribes, and Other Backward Classes. The Constitution upholds secularism and guarantees cultural and linguistic rights, allowing communities to coexist peacefully.
The Nature and flexibility of the Constitution
The Constitution is a live document, framed with provisions for amendments through the Article 368 to allow changes in the socio-political diversities. Over the years, it has been amended over 106 times, reflecting its resilience and adaptability.
The 73rd and 74th Amendments of 1992, revamped the local governance by institutionalizing Panchayati Raj and Urban Local Bodies. They empowered grassroots democracy by enabling reservation for women and marginalized communities in local government institutions and empowering local development. The 93rd (2005), amendments enabled reservations in private educational institutions, exhibit the evolving commitment to social justice. The 101st Amendment (2016), introducing the Goods and Services Tax (GST), emphasises the Constitution’s acceptance to economic modernization.
Constitution of India: Its Relevance Today and Tomorrow for the survival of Democracy – the contemporary India
The Fundamental Rights enshrined in Part III of the Constitution ensure that every citizen enjoys basic freedoms.
The Article 19 allows individuals to express freely their thoughts, opinions, and dissent. In the midst of debates on censorship and misinformation, it pinpoints the need for a balanced approach to safeguarding free speech while regulating harmful content, hate speech, and cyber hijacking.
The rise of digital suzerainty has expanded opportunities for expression, but it has also created challenges like false news. The Constitution’s provisions serve as a yardstick to address these pressures, ensuring that regulation does not overpower legitimate dissent. The Directive Principles outlined in Part IV, are non-justiciable guidelines to direct the state in envisaging policies that foster social justice and economic equality
Right to Education Act, 2009, inspired by Article 45 mandates free and compulsory education for children aged 6-14, emphasizing the state’s responsibility to eradicate illiteracy and promote inclusive education. Articles 39(e) and 47 direct the state to promote public health. Policies aimed at reducing income inequality and uplifting marginalized sections draw from these principles.
The Article 48A mandates the state to protect and improve the environment and safeguard natural resources. It impels governments to implement measures like pollution control, afforestation, and renewable energy initiatives.
The Landmark legislation such as the Environment Protection Act (1986) and judicial interventions, like the National Green Tribunal (NGT), find their roots in this provision. The Article 48A ensures that environmental conservation remains a priority in development agenda because India faces climate challenges like pollution and deforestation,
The Articles 15(4) and 16(4) aim to dismantle centuries of social discrimination and promote cohesiveness and positive action policies under provide representation to Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in education, employment, and politics.
Constitution of India: Its Relevance Today and Tomorrow for the survival of Democracy – the Modern Challenges
The Supreme Court upheld the right to privacy as intrinsic to Article 21 (Right to Life and Personal Liberty). The Puttaswamy Judgment, 2017 has influenced debates on data protection and surveillance, outlining the need for vigorous laws like the proposed Personal Data Protection Bill which would pave a reliable digital policy.
When protecting freedom of speech, the regulations need to balance fighting fake news and safeguarding democratic discourse. The Constitution’s framework ensures that such measures are taken within the bounds of reasonableness under Article 19(2) combating misinformation.
The Article 46 urge the state to promote the educational and economic interests of Scheduled Castes and Tribes to empower marginalised communities. The Article 15(3) allows special provisions for women and children, supporting initiatives such as and the Maternity Benefit (Amendment) Act, 2017.
Constitution of India: Its Relevance Today and Tomorrow for the survival of Democracy – the decades of distortions
In the year 1975, Indira Gandhi declared a state of Emergency under Article 352, citing internal disturbances as a threat to national security. Fundamental rights given under Articles 14, 19, and 21 were suspended, thereby curtailing personal liberty, free speech, and equality before the law.
The press was censored, opposition leaders were arrested, and Parliament’s tenure was extended without elections. The Article 39 was amended to place the election disputes of high officials, including the Prime Minister, beyond judicial review, overriding the principle of checks and balances.
The supersession of judges during the Emergency undermined the independence of the judiciary. Recent controversies regarding judicial appointments and delays in implementing recommendations of the collegium system have raised concerns about executive encroachment in judicial matters.
Section 124A of the Indian Penal Code, meant to address anti-national activities, has been repeatedly used to stifle dissent. The arrest of Disha Ravi in the toolkit case related to the farmers’ protest. Sedition laws were used against individuals during the anti-CAA protests, where peaceful expression was branded as anti-national. The overuse of sedition laws has often been criticized for violating Article 19(1)(a), which guarantees freedom of speech, undermining the democratic principle of open debate.
The political parties used religion to polarize communities, undermining the secular framework of the Constitution. The Babri Masjid demolition in 1992 and the Gujarat riots in 2002 highlighted the failure of constitutional safeguards to protect religious minorities. Politicizing caste-based reservations or selectively implementing policies to appease dominant caste groups, diluted the Constitution’s commitment to social justice.
Frequent disruptions in Parliament, hasty passing of bills without adequate debate, and excessive use of ordinances have undermined the sanctity of legislative processes. The contentious passing of the farm laws without proper consultation or scrutiny and many more is a recent example of mis use of brute majority in Parliament.
The bias or delays in judicial decisions on crucial matters, such as electoral disqualifications or corruption cases involving high-profile politicians, electoral bonds, PM’s Cares’ Fund etc. have raised concerns.
Media sensationalism, and corporate or political influence have weakened public trust. Selective reporting during key political or communal crises has questioned the media’s role as a watchdog of democracy.
Constitution of India: Its Relevance Today and Tomorrow for the survival of Democracy – the Safeguards and Restorations
India’s democracy witnessed periods of distortion, where constitutional values were challenged by authoritarian tendencies, corruption, or systemic abuse of power. But the agility of its democratic principles repeatedly rose to the occasion, protecting the basic principles of the Constitution. This resilience is rooted in judicial interventions, the strength of independent institutions, and the effervescence of civil movements, which together reaffirmed citizens’ faith in democracy and the rule of law.
Faced with potential threats to the Constitution during the Indira Gandhi regime, the Supreme Court in this landmark case laid down the Basic Structure Doctrine in the Kesavananda Bharati Case (1973). The Jury ruled that while Parliament could amend the Constitution, it could not alter its fundamental principles, such as democracy, federalism, and the rule of law. This doctrine became a benchmark against arbitrary amendments aimed at consolidating power, preserving the Constitution’s sanctity.
The misuse of President’s Rule to dismiss state governments reached its peak during politically turbulent times. In the S.R. Bommai case 1994, the Supreme Court emphasized the principles of federalism, ruling that the dismissal of a state government must be based on constitutional grounds and be subject to judicial review. The verdict curbed executive overreach and strengthened the federal structure enshrine in the Constitution.
Constitution of India: Its Relevance Today and Tomorrow for the survival of Democracy – the principles of accountability
In view of constant manipulation of election results, especially during and after the Emergency the Election Commission emerged as an instrument of independence. By impartial conduct and implementation of reforms, it ensured that elections remained free and fair, reiterating the citizens’ trust in the democratic process.
The CAG’s reports, such as those on the 2G spectrum allocation and coal block allocations, played a vital role in exposing large-scale corruption the by the Comptroller and Auditor General were not only held public officials accountable but also invigorated public discourse on transparency and governance.
The Right to Information Act, 2005 emerged as a powerful tool for citizens to demand transparency. It enabled the individuals to question government policies and expenditures, and ensured that governance remained participatory and accountable.
The Judicial vigilance, the independence of constitutional institutions, and the active participation of civil society collectively ensured that distortions were temporary. These interventions and not only arrested deviations but also reinforced the faith in the values of the Constitution.
The sustainability of the India’s democracy illustrates that while challenges may arise, the commitment to constitutional principles endures. This ensures that the democratic setup is not just maintained but continuously enriched, fostering a great sense of trust amongst the people.
Constitution of India: Its Relevance Today and Tomorrow for the survival of Democracy – the Challenges Ahead
The Indian Constitution, an active knitwork for governance and rights, has proven its flexibility over decades. Yet, it faces evolving challenges that demand pioneering solutions to uphold its foundational principles.
The Institutions like the judiciary, Election Commission, and regulatory bodies are citadels of democracy, framed to function independently. Allegations of partiality or undue pressure, threaten public trust in these institutions leading to social unrest.
The emergence of the digital financial banking system and economy, the rapid technological innovations generate unique challenges. Freedom of Speech and misinformation and balancing these rights while curbing false news and hate speech will ensure personal data protection in an era of universal vigilance, dovetailing the ethical and legal challenges posed by algorithmic bias and monopolistic tendencies.
The secular fabric of the nation is in deep divide along religious, caste, and regional lines. Hatred, crime, communal violence, and discrimination devastate the harmony and hindering equitable distribution and development.
Then participatory governance is weakened due to lack of awareness about constitutional provisions and democratic responsibilities. People are getting disengaged from critical debates on rights and governance. Indian courts facing a backlog of millions of cases resulting in delayed justice. This is eroding faith in the system and hampering access to timely legal remedies.
Constitution of India: Its Relevance Today and Tomorrow for the survival of Democracy – Solutions searched
Transparent processes for appointments to constitutional bodies, like impartial committee for judicial and Election Commission appointments. The enactment of laws for ensuring fixed tenures and preventing arbitrary dismissal of officials is the need of the hour. Regular independent audits to assess institutional efficiency and impartiality is a reasoned requirement.
In school and university syllabi there is dire need to integrating constitutional values into curricula to study constitutional rights, duties, and governance. Mass campaigns via media, workshops, and community engagement to educate citizens about their democratic responsibilities are necessary. Youth should be encouraged to participate in debates, mock parliaments, and local governance activities to foster an active interest in civic duties.
Interactive platforms for citizens to assess government performance, file grievances, and provide policy feedback should be encouraged by institutionalizing town hall meetings and forums to engage citizens in decision-making. The panchayats and municipal bodies be strengthened to make governance more accessible and responsive.
Interfaith and inter-caste dialogue fora be built in evincing trust and address grievances. Uplifting marginalized communities by strengthening schemes while ensuring meritocracy is essential. Regulate content promoting divisiveness and incentivize responsible journalism.
Overhaul of the Judiciary the judiciary by appointing more judges and setting up additional courts to reduce case backlog. Using Artificial Intelligence (AI) driven tools and techniques for case management, legal research, and scheduling to streamline processes be opted. Use mediation, arbitration, and Lok Adalats (peoples’ courts) to resolve disputes efficiently.
Constitution of India: Its Relevance Today and Tomorrow for the survival of Democracy – A recollection
The Indian Constitution is a guiding force for the nation, envisioning principles that a transformation is mere legality. It is a symptom of faith for marginalized communities, progress for the evolving community, and a bulwark for democracy that wishes to ensure justice, equality, and liberty to everyone.
By sensitively balancing the varied cultures, religions, and languages across India, the Constitution provides a builtwork that fosters unity without compromising diversity. It venerates India’s legacy, heritage while unfurling the way for modern governance, reverberating the dynamic character of the nation.
The Constitution is not a self-cementing entity; it needs the effective contribution of its citizens. Enhancing constitutional values like secularism, equality, and justice is a daily commitment, pressing individuals to follow fairness, inclusivity, and civic sensibility.
The harnessing of the Constitution envisions its everlasting relevance. Amendments and interpretations allow it to move with societal changes. Yet, maintaining its sanctity warrants collective awakening, discarding attempts to decimate its fundamental values for prompt gains.
The obligation of nurturing the Constitution’s sanctity depends upon on all citizens. Expanding public dialogue about constitutional proprieties, enabling a culture of civic engagement, and respecting democratic institutions are authoritative steps. This collective wisdom is key in ensuring that the Constitution remains a living document that serves the people and secures their bright future.