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75th anniversary of Constitution of India

Syllabus:

GS 2: Consitution of India

Why in the News?

Today, India celebrates the 75th anniversary of the adoption of the Constitution on 26 November 1949, but what’s concerning is the overlooked contribution of women in   drafting of Constitution.

Introduction

• Framing of the Constitution of India is often credited to its “Founding Fathers” are often credited, ignoring the important contributions of its “Founding Mothers”.
• These remarkable women not only championed gender equality and social justice but confronted patriarchy, leaving a deep feminist imprint on the Constitution and going on to shape India’s democratic system.

75th anniversary of Constitution adoption

• November 2024 marks the 75th anniversary adoption of Constitution on 26 November 1949.
• To commemorate this milestone, the Union government has announced Special Joint sitting in Parliament.
• Various political Leaders are expected to speak at the meeting.

B.R. Ambedkar’s warning words

• On 25 November 1949, Dr. B.R. Ambedkar, the chief author of the Constitution, delivered a profound
• While appreciating the work of the drafting committee, Ambedkar issued a warning that is still relevant even today. He said:
  • “No matter how good the Constitution is, it will certainly be bad because those who are called upon to do it happen to be bad.”
  • “No matter how bad the Constitution is, if those who are called upon to act upon it happen to be good party, it will be good.”

Constitution and Custodians

• Ambedkar emphasized that the success of the Constitution depended on its implementation by the people and political parties.
• The framers of the Constitution deliberately allowed for relatively simple amendments.
• This flexibility in Indian Constitution ensures that the Constitution is adaptable to changing times.

Future generation and Responsibility

• Ambedkar emphasized that the real test is the implementation of the Constitution by successive generations.
• Its effectiveness depends not only on its policies but also on the attitudes and Character of those entrusted with its implementation.

Presence of Contradictions in Indian society

• Ambedkar in his speech, identified two major deficiencies in Indian society:
  1. Equality
  2. Fraternity
• He emphasized that though India would enter a new era of democracy on January 26, 1950, contradictions in political and social realities would persist.
• Politically, the nation must be equal under the principle of “one man, one vote, one value”.
• But socially and economically, inequality persisted due to prevailing policies that rejected the “one man, one value” concept.

Question of equality in Indian Society

• Ambedkar raised an important question:
  • “How long are we going to live in this paradox?”
  • “How long will we continue to deny social and economic equality?” he asked.
• He called for the extension of democratic principles beyond politics to address socio-economic inequalities.
• He believed that real progress would only be achieved when there was equality in all aspects of life.

Fraternity is missing link

• Ambedkar said that Fraternity/ brotherhood is the second most important thing lacking in Indian society.
• For him, Fraternity is defined as brotherhood and unity among all Indians.
• He pointed out that brotherhood is essential for unity in society.
• But,the caste system, religious factions and lack of  Shared Identity hinder the growth of the fraternity.

Liberty, equality and fraternity interdependence

• According to Dr. Ambedkar, liberty, equality and fraternity were intertwined and could not exist independently.
• Absence of Equality – will lead to the domination of the few by the many.
• Absence of Liberty – equality would suffocate individual creativity.
• Absence of fraternity – Liberty and equality need constant reinforcement.

Reflecting on Dr. Ambedkar’s vision and past 75 years

Evaluation of Equality

• 75 years after the adoption of the Constitution, it is important to measure the progress made in addressing the shortcomings highlighted by Dr. Ambedkar, especially inequality.
• Important progress has been made:
  • Abolition of untouchability was a major breakthrough in Constitutional history.
  • Reservation was one of the world’s most extensive distributive justice programs.
• Initially, seen as a temporary measure, these reservations have made the Scheduled Castes (SCs) and later the Other Backward Classes (OBCs) a permanent feature in the socio-political order of India
• However, full socio-economic equality remains a dream.
  • Many communities still feel excluded from equal opportunities, leading to demands for things like an caste census.
  • Such demands emphasize ongoing differences and reflect the unfinished business of achieving equitable outcomes.

Fraternity and its progress

• Ambedkar had emphasized the importance of brotherhood for unity and social harmony in India.
• Though some progress has been made, the concept of unity is yet to be fully realized through the collection of ideologies based on race, religion, region and language
• While the fraternity remains incomplete, the sense of nationhood has grown undeniably stronger:
  • Events like the Kargil war (1999) and the Galwan conflict (2020) have united the nation in shared feelings of pride and sadness.
  • National unity is also evident in the shared passion seen in international cricket tournaments by the participants of the Indian team.

Founding Mothers and the Quest for Gender Equality

Building coalitions

• Mothers of the Indian Constitution, and B.R. Ambedkar worked closely to bring about social change.
• They share Ambedkar’s skepticism about romantic images of Indian culture, deeply rooted in Brahmin patriarchy.
• In 1932, Amrit Kaur, a prominent founding mother, argued that Indian women were reluctant to accept male-imposed values ​​in politics, morals and society.
• These women challenged patriarchal norms inside and outside the Constituent Assembly, and sought to dismantle entrenched structures of male dominance.

Revolt against patriarchal powers

• Founding Mothers saw the Fundamental Right not only as protection from the state but also as a social contract to restore freedoms that had been curtailed by powerful patriarchal institutions, such as the religion and family.
• Hansa Mehta and Amrit Kaur advocated including the Uniform Code of Constitution (UCC) under the Fundamental Rights to counter social and patriarchal forces.
• Although the UCC was eventually incorporated into the Guiding Principles, the Founding Mothers made sure to state that the Guiding Principles were fundamental to government
• Under their leadership, these changes, especially in the 1980s, further strengthened the constitutional validity of guiding principles.

Secular and religious barriers

• Begum Aijaz Rasul highlighted that secularism is central to the Indian Constitution.
• In the Rights Subcommittee, Hansa Mehta sought to limit the right to practice religion out of fear that disruptive religious practices would undermine women’s equality.
• Mehta and Kaur suggested replacing “religious freedom” with “religious affiliation” and ensured that religion would not hinder women’s freedom.
• Amrit Kaur’s dissent on ‘religious freedom‘ highlighted how unchecked religious practices perpetuate backward traditions like purdah, polygamy and sati, and warned that such freedom could has nullified progressive laws such as the Widow Remarriage Act or sharda act.

Constant struggle

• Kamaladevi Chattopadhyay viewed the Constitution of India as a new beginning for women, promising equality and justice.
• In time, however, their hopes shattered, The ‘Towards Equality’ report (1974) found that gender equality was still incomplete even after two decades of independence.
• After the fall of the Founding Mothers, women’s legislatures in India have struggled to find strong advocates.
• Despite the absence of women leaders in politics, India has yet to have a feminist politician or lawyer who can carry forward the legacy of the Founding Mothers.

UCC: A Promise of Dishonor

• It was designed to eliminate gender injustice, and the drafters of the UCC Constitution saw it as a devotion to Indian women.
• However, political reluctance has hampered its implementation, preventing this vision from being realized despite overwhelming parliamentary support.

Conclusion

While the legacy of India’s Founding Mothers highlights the struggle for gender justice in constitutional processes, persistent inequality demands a rededication to their goals of social change and equality.

Source: The Hindu

Mains Practice Question:

The contribution of women in the drafting of the Indian Constitution is often overlooked in historical contexts”. Critically analyse the above statement.