Constitution and Individual Dignity in India

Source: The post Constitution and Individual Dignity in India has been created, based on the article “Pratap Bhanu Mehta writes: In today’s India, can the Constitution protect individual dignity?” published in “Indian Express on 18th December 2024

UPSC Syllabus Topic: GS-2- Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Context: This article critically examines the challenges faced by the Indian Constitution in upholding individual dignity and freedoms amidst the country’s evolving political and social dynamics. It reflects on recent parliamentary debates about threats to constitutional values, focusing on how India’s politics of identity and executive dominance impacts the foundational principles of the Constitution.

How does politics influence the debate on the Constitution?

1. The debate in Parliament has become partisan, focusing on whether the BJP or the Congress poses a greater threat to the Constitution.
2. While such debates showcase democratic accountability, they fail to inspire confidence that core constitutional values, such as individual dignity and checks and balances, will be preserved.

What is the significance of avoiding “authenticity” debates in constitutional matters?

• Key Point: The framers deliberately avoided burdening the Constitution with questions of faith, history, and identity.
• Reason: These issues, though important, are best addressed outside the context of state or legal power to avoid making the Constitution a zero-sum game.
• Conclusion: Debating the “authenticity” of the Constitution is futile and risks undermining its neutrality.

What are the core aspirations of constitutionalism?

1. Protection of individual rights and dignity.
2. Affirmation of political equality.
3. Establishment of checks and balances on government power.
4. Preservation of democracy and political agency for all citizens.
5. Practices of political justification for decisions affecting public life.

What are the major threats to constitutional values in India?

1. Identity Politics: Freedom is subverted by reducing individuals to caste, religion, or national identities.
2. Executive Power: Both major political parties have failed to curb the rise of unchecked executive authority.
3. Economic Inequality: Lack of economic justice undermines the functioning of democracy.
4. Social Power Dynamics: Permanent majorities and minorities distort the Constitution’s intent to liberate individuals.

How does the Basic Structure Doctrine relate to constitutional time and permanence?

1. Concept: The Basic Structure Doctrine treats the Constitution as quasi-eternal, limiting amendments to those consistent with its fundamental principles.
2. Significance: It provides stability but risks being invoked opportunistically rather than through genuine allegiance to constitutional values.

What is the historical role of constitutions in representing social power?

1. Traditional Constitutions: Represented and balanced real social power, such as classes or groups.
2. Modern Constitutions: Abstract away from specific social forms, relying instead on universal legal principles.
3. India’s Exception: The Constitution acknowledges caste as a social form, raising debates about whether this should be a temporary or permanent feature.

What is the contradiction in India’s constitutional politics?

1. The Constitution aims to liberate individuals, but contemporary politics reinforces ascriptive identities, such as caste and religion, as permanent majority and minority categories.
2. This dynamic challenges the Constitution’s ability to function as a modern, inclusive framework.

Can the Constitution navigate these contradictions?

The answer remains uncertain. The success of the Constitution depends on:

1. Preserving individual freedoms and dignity.
2. Ensuring that social forces do not claim permanent majority status.
3. Upholding a democratic spirit that transcends identity politics.

By addressing these challenges, India can hope to sustain the integrity of its Constitution and its commitment to individual dignity.