Our constitution, A beacon of freedom

News: 26th November 2021, marked as India’s 72nd Constitution Day.

What are the challenges involved in drafting the constitution?

Multiple roles: Constituent assembly faced a difficult task. It sat as the parliament in the morning and the constituent assembly in the afternoon. It faced challenges of governing a new nation along with communal tensions, partition and refugees.

Constituency: Constituent body was supposed to have 296 members which were later reduced to 210 as members boycotted. But statesmen like Dr. Ambedkar still believed in creating an environment that would allow those members to come and participate.

Juristic concerns: Some constitutional experts like Ivor Jennings questioned why the constitution plays down communalism as the partition of India was the result of communalism.

Given all these challenges, our constitution makers framed the constitution delicately and culminated the constitution in who we would be — “We the People” all citizens, not subjects. And what we will become –“a nation that would secure the liberty of thought, expression, belief, faith and worship, and ensure equality of status and opportunity”.

How India’s constitution is unique in comparison with other constitutions?

Reparation: India’s constitution made compensations for historical discrimination on grounds of caste that defines the present and future of so many Indians. By contrast, America’s Constitution makes no apology nor enables reparations for slavery.

Voice of all communities: India’s constitution is an instrument for silenced minorities to express themselves, to have injustices redressed and in turn owe their allegiance to their Constitution.

These are the main reasons that India’s constitution lives through along.

What should be the responsibility of Indian citizens?

Tom Ginsburg, after studying 935 different constitution systems of 200 nations commented on an average a constitution survives for 17 years. Yet, the Indian constitution is successfully entering in 72nd year. Indians should not take the endurance of the constitution as granted.

The endurance of the Indian constitution is deeply rooted in the commitment to expand each other’s freedom.

Source: This post is based on the article “Our constitution, A beacon of freedom” published in Indian Express on 27th November 2021.