75 Years of Indian Constitution
Kartavya Desk Staff
Syllabus: Polity
- •Source: IE*
Context: On November 26, 2024, India celebrates the 75th anniversary of the adoption of its Constitution. This moment serves as a reminder of the historic contributions made by the Constituent Assembly and the enduring framework that has guided the world’s largest democracy toward justice, equality, and progress.
Background of the Indian Constitution:
• Government of India Act, 1935: Laid a basic constitutional framework but was rejected by the Indian National Congress for perpetuating British control.
• Cabinet Mission Plan, 1946: Proposed a Constituent Assembly with representatives from Congress, the Muslim League, and princely states.
• Constituent Assembly:
• First session: December 9, 1946.
• Chaired by Rajendra Prasad, with Dr. B. R. Ambedkar heading the Drafting Committee.
• Draft completed in 1949 with 243 articles and 13 schedules.
• Experts like N. Rau (constitutional advisor) and S. N. Mukherjee (chief draftsman) provided critical assistance.
Framework of the Indian Constitution:
• Parliamentary System: Aligns with India’s traditions and ensures collective responsibility.
• Federal Structure: Balances central and state powers, granting greater authority to the Union.
• Comprehensive Design: Details roles for the legislature, executive, and judiciary.
• Fundamental Rights and Directive Principles:
• Fundamental Rights safeguard individual freedoms.
• Directive Principles of State Policy (DPSPs) aim for socio-economic justice.
Key Achievements of India’s Constitution in 75 Years:
• Democratic Foundation:
• Established a sovereign, socialist, secular, and democratic republic.
• Ensures checks and balances among the executive, legislature, and judiciary.
• Protection of Rights:
• Guarantees Fundamental Rights, promoting equality and social justice.
• Enabled landmark judgments like Kesavananda Bharati (1973) upholding the Basic Structure Doctrine.
• Social Transformation:
• Facilitated affirmative action, including reservation policies for marginalized communities.
• Empowered women with 33% reservation in local bodies and recent legislation for Lok Sabha and Vidhan Sabhas.
• Economic Reforms:
• Enabled LPG (Liberalization, Privatization, Globalization) reforms under a constitutional framework.
• Encouraged policies balancing development with constitutional principles.
• Civic Responsibility:
• Strengthened civic literacy and responsibilities through movements like Digital India and environmental safeguards.
• Independent Institutions:
• Maintained the autonomy of bodies like the Supreme Court, Election Commission, and CAG.
Threats to Constitutional Values:
• Decline in Press Freedom:
• Ranked 159th in World Press Freedom Index 2024.
• Increasing censorship and intimidation of dissent.
• Erosion of Individual Rights:
• Alleged misuse of laws like UAPA and sedition laws.
• Cases such as Stan Swamy and Umar Khalid highlight rights violations.
• Weakened Parliamentary Debates:
• Decline in debates and discussions; 2023 Budget passed without discussion.
• Criminalization and Corruption in Politics:
• Over 46% of MPs in 2024 Lok Sabha have criminal cases.
• Corporate-Driven Policies:
• Allegations of policies prioritizing corporate interests over citizens’ rights, e.g., labor reforms and environmental clearances.
Way Forward:
• Limit State Power: Strengthen institutional checks to prevent overreach.
• Enhance Democratic Values: Democracy must emphasize accountability and free speech beyond elections.
• Uphold Directive Principles: Policies must align with socio-economic goals outlined in DPSPs.
• Judicial Independence: Safeguard judiciary’s autonomy for upholding constitutional morality.
• Parliamentary Reforms: Revive debates, discussions, and oversight mechanisms in Parliament.
• Civic Engagement: Promote constitutional literacy and citizen participation in governance.
Conclusion:
India’s Constitution remains a beacon of democratic values and social justice. By addressing emerging challenges, safeguarding institutions, and fostering inclusivity, the nation can ensure that the Constitution continues to guide its progress for generations to come.
NOTE: 75 years of constituent assembly is significant, so try to cover info on constituent assembly and constitution as much as possible.
Insta Links:
• Indian-Constitution
• What can France learn from the Indian Constitution’s approach to secularism? (UPSC-2019)
• Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (UPSC-2017)