Adopted on November 26, 1949, the Constitution remains the bedrock of governance, embodying the ideals of liberty, equality, and justice
Tejeswar Patnaik
India recently marked 75 years since the adoption of its Constitution, a milestone that invites reflection on its journey as a democratic republic. Adopted on November 26, 1949, the Constitution remains the bedrock of governance, embodying the ideals of liberty, equality, and justice. This day is celebrated as Constitution Day every year to honor the framers’ vision and evaluate its relevance in addressing contemporary challenges.
The commemoration ceremony, held on November 26, 2024, in the Central Hall of Parliament, was graced by President Smt. Droupadi Murmu and attended by members of both Houses. While leaders acknowledged the Constitution’s primacy, the event also saw debates between the ruling National Democratic Alliance (NDA) and the opposition INDIA alliance. The NDA highlighted historical violations during the 1975 Emergency, while the opposition criticized the current government, alleging an ‘undeclared emergency.’
Speakers reflected on the intense deliberations that took place in the Constituent Assembly before the Constitution’s adoption on November 26, 1949. The drafting committee, chaired by Dr B.R. Ambedkar, worked tirelessly for 2 years, 11 months, and 17 days, over 11 sessions and 165 sittings, to craft the framework of India’s democracy.
Prime Minister Narendra Modi delivered a detailed speech, highlighting the Constitution’s vital role in shaping post-independence India and its enduring relevance. He spoke of the milestones achieved over the past 75 years and emphasized the Constitution’s ability to accommodate the nation’s unity in diversity. The Constituent Assembly, he noted, comprised a diverse array of members, including social reformers, freedom fighters, educationists, trade union leaders, farmers, women, and representatives of various religious and social groups.
Directive Principles
Modi highlighted the significant strides made in women’s empowerment, in line with the Constitution’s objectives. He pointed to the Uniform Civil Code (UCC), enshrined under Article 44 of the Directive Principles of State Policy, as an example of progressive governance. Incorporated on November 23, 1948, after rigorous debates in the Constituent Assembly, the UCC aims to create a unified framework for personal laws applicable to all citizens, irrespective of religion.
During the Constituent Assembly debates on November 23, 1948, Dr. Ambedkar addressed concerns about the UCC raised by minority members. He clarified that Article 35 (now Article 44) did not mandate its immediate implementation. Instead, he suggested that Parliament could introduce the UCC voluntarily for those willing to adopt it.
The Prime Minister also enumerated initiatives that reflect constitutional values, including the abrogation of Article 370 (granting special status to Jammu and Kashmir), the implementation of GST (‘One Nation, One Tax’), and programs such as ‘One Nation, One Ration Card’ and ‘One Nation, One Grid.’ He emphasized the importance of preserving India’s cultural identity by recognizing regional languages as part of the effort to strengthen unity in diversity.
The principles of liberty, equality, and justice form the bedrock of the Indian Constitution. These were thoughtfully crafted by the Constituent Assembly, keeping in mind the nation’s unique social, cultural, and religious diversity.
India’s Constitution also reflects lessons drawn from global democracies. The federal structure borrows features from the U.S., Canada, and Australia, while the parliamentary system of government and writ jurisdiction were modeled on the U.K. The Directive Principles of State Policy were inspired by the Irish Republican Constitution. These adaptations were tailored to the Indian socio-economic ecosystem. The constitution has provided for a fair division of authority and functions among three organs, of the Government, the legislative, executive, and judiciary for ensuring checks and balances and preventing misuse of power by any of the branches. Of course, there is no explicit mention of the doctrine of separation of powers in the Constitution.
The Preamble
The Preamble, often described as the mirror of the Constitution, succinctly conveys its source, objectives, and nature of governance. Declaring India as a sovereign, democratic republic, the Preamble serves as the guiding light of the nation’s constitutional framework. While the original Preamble did not include the terms ‘socialist’ and ‘secular’ they were added later through the 42nd Amendment Act of 1976.
Fundamental Rights enshrined in the Constitution are inalienable and form the core of Indian democracy. Articles 14 to 18 enshrine the right to equality, prohibiting discrimination based on religion, race, caste, gender, or place of birth. These provisions ensure equal opportunity in public employment and abolish titles and untouchability (Article 17).
The framers drew inspiration from social reformers like Gandhi, Raja Ram Mohan Roy, and Swami Vivekananda while drafting Article 17, which explicitly abolishes untouchability. This provision, reinforced by the Protection of Civil Rights Act, of 1955, ensures punishment for violations, thereby promoting social justice.
Other fundamental rights, including the right to freedom of expression and religion, uphold the democratic ethos of the Indian Republic. These rights are enforceable through Articles 32 and 226, which empower citizens to seek judicial remedies in case of violations.
Federalism and Emergency Provisions
The Indian Constitution establishes a quasi-federal structure, providing states with autonomy while maintaining a strong central government to preserve unity. Dr. Ambedkar highlighted the Constitution’s flexibility, noting that it allows for a federal system during normal times and a unitary structure during emergencies, such as war or internal disturbances. This flexibility is evident in Articles 250, 352, 353, 356, and 360, which empower the President to take necessary measures during emergencies, subject to parliamentary approval.
The Constitution begins with Article 1, which declares, “India, that is Bharat, shall be a Union of States.” This underscores the indivisibility of the nation, ensuring that states cannot secede.
Social Justice
The framers’ commitment to social justice is evident in the Constitution’s provisions for education and basic human needs. The Right to Education, guaranteed under Article 21-A, mandates free and compulsory education for children aged six to fourteen. Similarly, the Right to Food, though not explicitly mentioned, has been interpreted as part of the Right to Life under Article 21. In the landmark case of PUCL v. Union of India (2001), the Supreme Court declared that the right to food is integral to the right to life, further expanding the Constitution’s scope to address the needs of the underprivileged.
The Indian Constitution is a living document that evolves with the changing aspirations of its people. Its framers demonstrated foresight in crafting a robust framework that addresses India’s complexities. The Constitution continues to guide the nation in its pursuit of equality, justice, and unity.
As India celebrates 75 years of this monumental achievement, the Constitution stands as a testament to the vision of its architects and the resilience of the Indian democratic system.
(The writer is a former Dy General Manager of Bank of India. Views expressed are personal.)
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