Differing views on India’s Constitution

Source: The post differing views on India’s Constitution has been created, based on the article “Constitution is steeped in India’s civilisational values — but it’s not stuck in the past” published in “Indian Express” on 29th November 2024

UPSC Syllabus Topic: GS Paper 2-Constitution of India —historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context: The article discusses differing views on India’s Constitution. It highlights debates about its connection to India’s civilizational heritage, its adoption of diverse ideas, and critiques of its values. It emphasizes the Constitution’s forward-looking nature and its foundation in diversity and tolerance.

For detailed information on Constitution@75 read this article here

What Are the Different Views on the Indian Constitution?

1. Prime Minister’s View: PM Modi describes the Constitution as a “living, continuously flowing stream” that reflects India’s evolving aspirations and the spirit of the age.
2. Hindutva Critique: M.S. Golwalkar (1966) dismissed it as lacking indigenous elements, calling it “nothing that can be called ours.”
3. RSS Chief’s Perspective: In 2022, the current RSS chief stated that Hindutva aligns with the Constitution’s values, showing varied opinions within the Hindutva ideology.
4. Civilizational Roots Emphasized: Nehru and other framers highlighted India’s 5,000-year-old civilization in the Objective Resolution. Purushottam Das Tandon referred to ancient assemblies for democratic discussions.
5. Criticism by Some Groups:A section of the Constitution’s critics argue it undermines India’s indigenous values, equating indigenous identity solely with the Aryan narrative and dismissing the Adivasi history. They also oppose modern constitutional principles like secularism and individualism, drawing parallels with historical Indian texts that they believe already carried similar constitutional morals.

What Influence Did Other Constitutions Have on India’s?

1. British Constitution: India adopted parliamentary democracy but replaced a hereditary head of state with an elected president, making India a republic.
2. American Constitution: Fundamental rights were borrowed but with restrictions added. The “due process” doctrine was rejected to suit Indian conditions.
3. Irish Free State Constitution: Influenced the naming of the Hindu Mahasabha’s 1944 “Constitution of Hindustan Free State.”
4. Indian Adaptations: Unlike other federations, governors are nominated by the Centre, and the focus is on separation of functions rather than strict separation of powers, aligning with India’s ethos of Lakshman Rekha.

What Is the Future Direction of the Indian Constitution?

1. The Constitution sets a future-oriented agenda while learning from the past.
2. It balances pride in India’s civilizational diversity with openness to global ideas.
3. It opposes fundamentalism and promotes tolerance, diversity, and acceptance, reflecting Vasudhaiva Kutumbakam.

Question for practice:

Examine how the Indian Constitution reflects both India’s civilizational heritage and global influences.