Defending India’s Constitution : Challenges and Citizen Response

Syllabus:

GS-2:

Constitutional Amendments ,Fundamental Rights ,Directive Principles of State Policy ,Judicial Review

Focus:

Recent concerns about the erosion of democratic values, institutional independence, and rising authoritarianism in India have brought the Constitution and its values into sharp focus. Citizens have mobilized through protests like those against the Citizenship Amendment Act (CAA) to reclaim and preserve India’s pluralistic democracy.

DEFENDING INDIA'S CONSTITUTION: CHALLENGES AND CITIZEN RESPONSE

Introduction: The Idea of India and the Constitution

  • The Vision of India: The modern “idea of India,” first articulated by Rabindranath Tagore, was shaped into a secular and constitutional framework by the founding fathers, notably R. Ambedkar, Jawaharlal Nehru, and Sardar Patel.
  • Constitutional Preamble: The Preamble of the Constitution outlines key democratic and progressive ideals—justice, liberty, equality, and fraternity. It serves as the foundation of India’s identity and the idea of a secular republic.
  • Ambedkar’s Contribution: B.R. Ambedkar’s contributions were pivotal in crafting a Constitution that would protect the autonomy and rights of citizens, balancing state power and individual liberty.
  • Liberal Constitutionalism: The Constitution embodies liberal constitutionalism, asserting the centrality of liberty, autonomy, and the individual as the true custodian of the Republic, in stark contrast to authoritarianism.
  • Constitution as a Safeguard: The Constitution is designed to limit state power, ensuring it does not overstep its bounds, thus preventing any temporary majorities from undoing the foundational rights and freedoms guaranteed by the Republic.

Challenges to Constitutionalism and Secularism

  • Erosion of Democratic Institutions: Over the past few years, key institutions safeguarding democratic values have been hollowed out. Investigative agencies have been politicized, and the judiciary and media are facing pressures.
  • Communalization of Politics: The politics of division have infiltrated public life, undermining secularism and pluralism, which are core tenets of the Indian Constitution.
  • Impact of Anti-Terror Laws: The misuse of laws like the Unlawful Activities (Prevention) Act (UAPA) to silence dissent is a direct attack on the Constitution’s guarantee of individual liberty, with many undertrials facing prolonged imprisonment despite being acquitted.
  • Death of Activists: The deaths of individuals like Father Stan Swamy and Professor G.N. Saibaba, detained under UAPA, highlights the dangers of draconian laws that contravene the Constitution’s vision of justice.
  • Ambedkar’s Warning: Ambedkar foresaw the potential for perversion of the Constitution, warning that without embracing constitutional morality, democracy would only be a veneer over an undemocratic soil.

The Battle Against Authoritarianism

  • Constitutional Morality: Ambedkar stressed the importance of constitutional morality—commitment to constitutional processes and structures, which has been undermined in recent years by political forces.
  • The Threat of Majoritarianism: The Constitution’s framework, which limits the power of temporary majorities, has been challenged by attempts to turn democracy into an elections-only affair, ignoring the need for pluralism and inclusion.
  • The Role of the Judiciary: The judiciary has not remained the robust check on executive overreach that it once was, with significant lapses in holding the executive accountable for undermining fundamental rights.
  • The Need for Safeguarding Secularism: Despite setbacks, the principles of secularism and equality, which are at the heart of the Constitution, are increasingly threatened by communal ideologies in political discourse.
  • Resisting Undemocratic Changes: The political climate has shifted towards authoritarian practices, making it imperative for citizens to remain vigilant and resist attempts to pervert the constitutional vision.

The Revival of Democracy and Constitutional Spirit

  • Public Resistance: In recent years, democratic and liberty-loving citizens have risen against the erosion of democratic values, mobilizing around the Constitution as a rallying cry.
  • Shaheen Bagh and CAA Protests: In December 2019 and early 2020, protests erupted against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC), which sought to institutionalize the divisive two-nation theory.
  • Unity in Diversity: Across the nation, from students to the elderly women of Shaheen Bagh, people united under the banner of the Constitution, chanting the Preamble in unison, reaffirming the idea of India as one united people, transcending religious and cultural divides.
  • Reaffirming the Idea of India: The powerful cry of “We, the People of India” during these protests reinvigorated the “idea of India,” reminding citizens of their collective identity and the importance of standing up for constitutional values.
  • Hope for the Future: These protests sparked a renewed sense of hope and brought the Constitution out of legal chambers and into the streets, showing that its spirit remains alive in the hearts of ordinary citizens.

Institutional Reforms and Accountability

  • Weakening of Democratic Institutions: Over time, democratic institutions, such as Parliament, investigative agencies, and the judiciary, have faced increasing pressure from political forces.
  • Diminishing Role of Parliament: Parliament’s role has been reduced from a forum for debate to a rubber-stamp institution for the ruling party’s agenda.
  • Judiciary’s Passive Stance: The judiciary has not actively protected constitutional rights, with significant gaps in safeguarding personal liberties and holding the executive accountable.
  • Weaponization of Agencies: Investigative agencies like the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) have been used as tools against political opponents and dissidents.
  • Need for Institutional Strengthening: There is an urgent need to restore the independence and strength of democratic institutions to ensure they effectively safeguard the Constitution.
  • Election Commission’s Independence: The Election Commission’s autonomy has been compromised, affecting the credibility of the electoral process.

The Role of Civil Society in Protecting Constitutional Values

  • Grassroots Movements: The active participation of civil society, including student groups, activists, and ordinary citizens, has been instrumental in defending constitutional values.
  • Protests as a Reflection of Public Sentiment: Protests, like those against the CAA and NRC, serve as powerful expressions of public sentiment against laws that undermine India’s pluralistic ethos.
  • Mobilization of Ambedkar’s Vision: Many citizens have embraced Dr. Ambedkar’s vision of equality and justice, turning to the Constitution as a beacon in the fight against authoritarianism.
  • Civil Disobedience and Constitutional Morality: Movements have drawn inspiration from the ideals of constitutional morality, advocating for freedom of speech, legal processes, and scrutiny of government actions.
  • Collective Action for Constitutional Revival: Civil society’s ability to mobilize in the face of rising authoritarianism shows that the spirit of the Constitution is still alive in the collective consciousness of the people.

Challenges:

  • Erosion of Constitutional Principles: Increasing disregard for the core principles of secularism, liberty, equality, and fraternity threatens the foundation of the “idea of India.”
  • Authoritarian Tendencies: Rising majoritarianism and authoritarianism undermine democratic values, with the misuse of power to suppress dissent and stifle opposition.
  • Hollowing Out of Institutions: Key institutions, including the judiciary, investigative agencies, and the Election Commission, are being undermined, affecting their ability to uphold democratic governance.
  • Laws Undermining Liberty: Laws like the Unlawful Activities (Prevention) Act (UAPA) are being used to unjustly detain individuals, suppressing free speech and dissent.
  • Political Polarization and Communalization: Increasing communalization of politics erodes social harmony, destabilizing India’s pluralistic identity and secular values.
  • Apathy to Constitutional Morality: There is a lack of commitment to constitutional morality, which is essential for upholding the values of justice, freedom, and equality.

Way Forward:

  • Strengthening Democratic Institutions: Efforts must be made to restore the autonomy of institutions like the judiciary, investigative agencies, and the Election Commission to ensure they function independently and impartially.
  • Restoring Constitutional Morality: Citizens and lawmakers need to embrace and uphold constitutional morality, ensuring the principles of justice, equality, and liberty are not undermined for political gain.
  • Promoting Civic Engagement and Awareness: Civic education must be emphasized, encouraging people to understand and protect the Constitution, and participate actively in defending democratic rights.
  • Accountability in Governance: The government must be held accountable for its actions, especially in matters related to civil liberties, political freedoms, and the integrity of democratic processes.
  • Building Broad-based Coalitions: Support for pluralism and democratic values must be reinforced by creating alliances across political, religious, and social groups, reinforcing the shared commitment to the “idea of India.”
  • Judicial Activism and Public Pressure: The judiciary should be more proactive in defending fundamental rights, while public pressure through peaceful protests and movements can force reforms and ensure accountability.

Conclusion: The Constitution’s Enduring Legacy

  • Resilience of the Constitution: Despite challenges and setbacks, the Constitution’s values of secularism, pluralism, and liberty continue to resonate among India’s citizens.
  • The Role of Citizens: It is the people, through their collective will and resistance, who ensure that the Constitution’s spirit survives and thrives in India.
  • Ambedkar’s Vision: Ambedkar’s warning that the Constitution’s spirit could be perverted by those in power is a critical reminder of the need for constant vigilance to protect the freedoms and rights enshrined in it.
  • A Call to Action: The “idea of India” is not a static concept but a dynamic, evolving one, which requires active participation and commitment from every citizen to preserve its pluralistic, progressive, and peaceful nature.
  • A Future of Freedom: As long as the spirit of the Constitution is alive in the hearts of citizens, the “idea of India” will continue to inspire and guide the nation towards a just and equitable future.

Source: IndianExpress

Mains Practice Question:

Discuss the current challenges to India’s Constitution and suggest measures to strengthen its democratic principles. How can citizens contribute to safeguarding constitutional values in contemporary India?

Associated Article:

https://universalinstitutions.com/making-of-constitution-and-its-salient-features/