Constitution@75- Explained Pointwise

The Constituent Assembly on November 26, 1949 finalized the India Constitution. It is the world’s largest constitution, which has endured 75 years today. The endurance of the Indian constitution for 75 years outlasts the global average lifespan of constitutions, which has been around 17 years. The testament of the Indian constitution also lies in the fact that neighboring countries like Sri Lanka, Pakistan, and Nepal have replaced their constitutions multiple times. This longevity reflects the vision of India’s founding fathers, establishing a unique democratic framework for the world’s largest democracy.

What is the brief Historical Background of the Indian Constitution?

1. The Government of India Act, 1935- The Government of India Act, 1935 was an attempt by the Britishers to provide a constitutional framework for India. However, it was rejected by the Indian National Congress in 1936, as it was held as exploitative and intending to facilitate British control.

2. The Cabinet Mission Plan 1946-  It proposed a Constituent Assembly comprising representatives from the Congress, Muslim League, and princely states.

3. Constituent Assembly- The Assembly’s first session convened on December 9, 1946. It worked for nearly three years to draft the Constitution. Among its eight committees, the Drafting Committee, chaired by Dr. B. R. Ambedkar, played a pivotal role. The final draft included 243 articles and 13 schedules. Experts like B. N. Rau (constitutional adviser) and S. N. Mukherjee (chief draftsman) provided critical support.

What is the framework of the Indian Constitution?

The basic framework of the Indian Constitution are as follows-

What are the key achievements of the Constitution at 75 years?

1. Foundation of Indian Democracy- The Constitution established India as a sovereign, socialist, secular, and democratic republic. The constitution laid down a framework for governance that emphasizes checks and balances among the executive, legislature, and judiciary.

2. Protection of Rights- The constitution enshrined Fundamental Rights that safeguard individual freedoms against state encroachment. This has been crucial in promoting social justice and ensuring equal opportunities for all citizens.

3. Social Transformation- The Constitution has served as a powerful tool for social change, enabling movements for equality and justice across various sectors of society. It has served as a tool for promoting affirmative action.

4. Constitutional responsibility and civic responsibility- The constitutional provisions have fostered a culture of constitutional literacy and civic responsibility among citizens. For Ex- Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).

What are the threats to our constitutional Values?

1. Decline in the press freedom- Various civil society activists have pointed to the marked decline in the freedom of expression. According to the World Press Freedom Index 2024, India ranks 159 out of 180 in the world.

2. Disregard for Individual Rights- According to critics, liberty and dissent have been stifled, with weaponization of draconian laws like the Unlawful Activities (Prevention) Act (UAPA) against dissidents. The civil society activists cite the cases of Father Stan Swamy, G. N. Saibaba, and Umar Khalid which highlight the misuse of power.

3. Erosion of Democracy- Critics of the government have raised issues regarding the compromise of Constitutional morality. The labeling of dissent as anti-national and the reduction of the Institutions like the Election Commission and investigative agencies to tools of intimidation, has been hailed as major threats to constitutional values.

4. Decline of parliamentary debates- Critiques have also highlighted the reduction of parliamentary debate and judicial independence as major threats to the constitution.

5. Corporate-Driven Policies- Civil society activists have also highlighted the government’s alignment with corporate interests such as the Emergency-era curtailment of workers’ rights to serve capitalist demands, policies like the four labor codes, repression of farmers, and land acquisition from Adivasis as major threats to the constitution.

What should be the Way Forward?

Dr. Ambedkar viewed the Constitution as a safeguard against state overreach and majoritarianism. The following principles must be followed in letter and spirit for a flourishing democracy in the years to come.

1. Limitation of Power- Constitutions must restrain state authority and uphold individual freedoms.

2. Democracy Beyond Elections- True democracy lies in accountability, free speech, and adherence to constitutional processes. The meaning of democracy should not be merely reduced to electoral victories.

3. Directive Principles- The party in power must be bound by the Constitution’s guiding principles like the DPSPs to prevent misuse of authority.

India’s Constitution will endure as long as its principles are upheld by ordinary citizens. Indian republic’s survival depends on its people, ensuring that the Constitution remains alive in their actions and aspirations.