Endurance of India's Constitution

 Why in News?

India’s Constitution, though criticized for being lengthy, derivative, and non-Indian, has lasted 75 years under review.

What are the leaders say?

• Dr. B. R Ambedkar's defence of its originality and the need for constitutional morality.
• Benjamin Franklin emphasizes citizens' and leaders' responsibility to uphold the Constitution.

What is the Journey of Indian Constitution?

The Constituent Assembly took 2 years, 11 months and 17 days to complete drafting the Constitution for Independent India. During this period, it held 11 sessions covering a total of 165 days.

What is the supremacy of the Indian Constitution?

• Fundamental Law - A constitution is the fundamental law of a nation.
• It outlines the basic principles and laws that determine the powers and duties of the government and guarantee certain rights to the people.
• Supreme Legal Authority - Serves as the supreme legal document, against which all other laws are measured.
• Expression of Sovereignty -Reflects the sovereign will of the people, often established through a constituent assembly or similar body.
• Living Document - While foundational, constitutions often include provisions for amendments to adapt to changing societal needs.

What is Constitutional Government?

• Limited Government - A constitutional government operates under a constitution that limits the powers of political authorities, ensuring they act within established legal frameworks.
• Rule of Law - Emphasizes that all individuals and institutions, including the government, are subject to the law.
• Separation of Powers - Distributes governmental powers among separate branches to prevent abuse and provide checks and balances.
• Protection of Fundamental Rights - Guarantees individual liberties and rights, safeguarding citizens against government overreach.
• Democratic Principles - Often incorporates democratic processes, allowing for representation and participation of the people in governance.
• Judicial Review - Courts have the power to interpret and review laws to ensure they follow the Constitution.

What is Constitutional Morality?

• The term was taken from George Grote’s study of Athenian democracy.
• Adherence to Constitutional Values - Dr. B.R. Ambedkar emphasized that governance must follow constitutional principles, not personal beliefs.
• Supporting democracy - It involves supporting a democratic political process that serves both individual and collective interests.
• Respecting rights - It involves respecting and protecting the fundamental rights guaranteed by the constitution.
• Balancing freedom and restraint - It involves citizens submitting to constitutional authorities while also having the freedom to criticize those in power.
• Judicial Interpretation -Courts use it to safeguard democratic principles.
  • Example - In the Navtej Singh Johar Case (2018), the Supreme Court decriminalized homosexuality (Section 377), citing constitutional morality.

Why Does India Need Constitutional Morality?

• To Prevent Majoritarian Rule - Ensures democracy functions beyond electoral politics.
• Protection of Minority Rights -Reservations (Articles 15 & 16) protect marginalized communities.
• Role of Institutions -Ensures institutions function independently and impartially.
• Example - The Sabarimala Temple Case (2018) upheld women’s entry, enforcing constitutional morality over religious practices.

What are the Challenges to Indian Constitution?

• Communalism and Religious Conflicts - Religious tensions challenge the secular Constitution.
• Example -Ram Janmabhoomi Babri Masjid dispute caused legal battles and violence.
• Caste based discrimination - persists despite Article 15 & 16 reservations.
• Example- Dalit atrocities and honor killings under SC/ST Prevention of Atrocities Act, 1989
• Corruption in Public Institutions - Corruption undermines governance and citizens' rights
• Example-  Lokpal and Lokayuktas Act, 2013 aims to reduce corruption
• Threats to Secularism - Rising religious intolerance impacts harmony and pluralism
• Example- Hate speech and mob lynching incidents raise Article 25 concerns
• Misuse of Laws for Political Gains - Laws like UAPA are criticized for limiting dissent and free speech
• Example- Sedition cases filed against journalists and activists
• Growing Economic Inequality - Rich poor gap has widened despite economic growth
• Example- Multidimensional Poverty Index indicates economic inequalities
• Unemployment and Job Creation Issues - Job creation remains difficult despite schemes like PMEGP
• Example - Unemployment rate rose during COVID• 19 lockdown
• Agrarian Crisis and Farmers’ Protests - Issues like low MSP, water shortages, and land acquisition unresolved.
• Climate Change and Environmental Degradation- Environmental issues often conflict with economic development.

What are the Reasons for the Indian Constitution’s Survival for 75+ Years?

Strong Democratic Institutions

• Independent Judiciary- Protects constitutional rights.
• Example- Basic Structure Doctrine (Kesavananda Bharati Case, 1973).
• Election Commission – It’s role in free and fair elections.
• Example: Introduction of EVMs, VVPAT for transparency.
• Media and Civil Society- Keep the government accountable.
• Example: Right to Information Act (2005) empowers citizens.

Constitutional Adaptability

• Flexible Amendments - Keep it relevant.
• Example- 73rd & 74th Amendments (Panchayati Raj, 1992).
• Judicial Activism and PILs - Expand constitutional rights.
• Example -Vishaka Case (1997) led to sexual harassment laws.

Socio-Political Stability

• Federalism - Balances Centre-State relations.
• Example- GST Council ensures cooperative federalism.
• Secularism - Maintains religious harmony
• Example-Special Marriage Act, 1954 allows interfaith marriages.
• Welfare Policies - Reduce inequalities.
• Example-Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).
• Robust Defense - Rights through NHRC and SC.
• Example-Decriminalization of Triple Talaq (2019).
• People’s Faith in Democracy - Sustains the Constitution.
• Example - High voter turnout in Lok Sabha elections.

What Lies ahead?

• The Indian Constitution has survived over 75 years due to strong democratic institutions, adaptability through amendments, and socio-political stability.
• Key factors include an independent judiciary, a robust election process, media accountability, and citizens' faith in democracy evidenced by high voter turnout.

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Reference

The Indian Express | Endurance of Indian's Constitution