Indianness of the Constitution

Source: This article on Indianness of the Constitution is based on “Yogendra Yadav writes: What’s Indian about the Indian Constitution?” is published in The Indian Express on 17^th December 2024.

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

Context: The article reflects on the Indianness of the Indian Constitution, a question that has surfaced repeatedly since its drafting and continues to be debated. It critiques the ideological and political attempts, particularly by certain factions, to question the Constitution’s legitimacy on the grounds of its alleged “foreign” origins.

Why is the question about the Indianness of the Constitution important? Was this question raised earlier?

1. The question of Indianness is central because it challenges the Constitution’s legitimacy and authenticity, which is being questioned by those aiming to undermine India’s constitutional republic.
2. The debate reflects an ideological conflict about whether the Constitution aligns with India’s cultural and civilizational values.
3. Even during the Constituent Assembly debates, the question of the Constitution being “alien” or “foreign” was brought up due to its reliance on Western constitutional traditions and English as its working language.

What does “Indianness” of the Constitution not mean?

1. An Indian Constitution cannot mean a document untouched by foreign ideas. A modern state requires a written constitution that incorporates universal principles.
2. Mere adding illustrations from Indian mythology or renaming laws (e.g., Indian Penal Code to Bharatiya Nyaya Samhita) does not inherently make it Indian.
3. Simply privileging Hindu-ness or any singular element from India’s past does not ensure authenticity. This approach mimics systems like Pakistan (Islamic Republic) or even models like Nazi Germany or modern Israel, which undermine India’s pluralistic identity.

How can the Constitution reflect Indianness authentically?

1. Radical Originality: Creating an entirely new Constitution by rejecting Western political thought and building one solely on India’s civilizational heritage. This was Gandhi’s vision in Hind Swaraj. However, this remains impractical since no workable draft exists.
2. Compositional Originality: Adapting and modifying Western constitutional ideas to suit India’s context and traditions. This is the approach taken in India’s Constitution.

How does the Indian Constitution reflect compositional originality?

1. The Constitution was not a result of sudden creation. It was written in under three years and it was the product of over a century of modern Indian political thought and engagement with multiple intellectual traditions.
2. It brought together diverse visions of India, combining received ideas from Western constitutionalism with India’s civilizational wisdom to forge an “Indian modernity.”
3. The lived experience of Indian jurisprudence and public participation over the past 75 years proves that even those unfamiliar with the Constitution resonate with its morality and values.

What unique Indian features does the Constitution showcase?

1. Union of India: Unlike classic federal states, the Constitution aligns with India’s multi-layered governance traditions from pre-modern times.
2. State-Nation Concept: India’s model respects cultural and social diversity, unlike European-style nation-states.
3. Secularism: Indian secularism adopts a “principled distance” approach based on maitri and sarva dharma samabhava, not the Western models of American or French secularism.
4. Socialism: The socialist features align with India’s value of karuna (compassion).
5. Rejection of caste and untouchability: The Constitution builds on long-standing Indian traditions of reform.

What is the essence of Indianness in the Constitution?

1. The Constitution reinterprets and recasts inherited ideas, blending modern principles with India’s intellectual traditions, much like an authentic Indian dish made from foreign ingredients.
2. The Indian Constitution is a testament to India’s desi genius. It is modern yet deeply rooted in Indian values, traditions, and cultural context, creating something unique and authentically Indian.