The Constitution Of India At 75, A Landmark Journey Of Justice And Unity

As India marks the 75th anniversary of the adoption of its Constitution, it is essential to reflect on how this pivotal document has been central to the country’s journey. From the ancient idea of Bharatvarsha to the modern Republic of India, the Constitution has served as the cornerstone of India’s institutions, maintaining national unity while adapting to contemporary socio-economic and geopolitical challenges. This document has guided the country through its lowest points, preserving the nation’s core values and strength.

A written set of norms has always played a crucial role in shaping society, whether through sacred texts or foundational documents like the Magna Carta. Similarly, India’s Constitution has been a beacon, guiding the country toward a brighter future. It establishes India as a sovereign, socialist, secular, and democratic republic, enshrining fundamental rights such as equality, freedom, and protection against exploitation. These rights form the foundation of civil liberties, while the Directive Principles of State Policy offer a framework for socio-economic justice.

Lord Bingham’s observation about the UK’s unwritten Constitution, describing it as a “trackless desert without map or compass,” highlights the value of a codified Constitution. A written Constitution clarifies the powers of the legislative, executive, and judicial branches, as well as the relations between them and with citizens. It also informs the public, empowering them to assert their rights by providing a clear document to refer to. One of its key advantages is that it protects citizens’ freedoms and guarantees equality, with rights that cannot be easily altered by a simple majority in Parliament, safeguarding individuals and minority groups from populist influences.

The Indian Constitution includes features that have allowed it to navigate the demands of a vast and diverse population. It embraces a federal structure with a strong central government, balancing national unity with regional autonomy. The division of powers between the Union and States is clearly defined, with residual powers vested in the Centre. The judicial system is given prominence, with the Supreme Court acting as the guardian of the Constitution, and judicial review ensures adherence to constitutional norms. The Directive Principles guide government policy for the welfare of the people. Notably, the Constitution provides for single citizenship, universal adult suffrage, and protections for marginalized communities. It also includes emergency provisions to address national security threats or breakdowns in governance.

While some provisions of the Constitution can be amended by a simple majority in Parliament, others require a special majority and ratification by state legislatures. This flexibility ensures that the Constitution remains adaptable yet stable, evolving through amendments and judicial interpretations while staying committed to democracy, social justice, and the rule of law.

A notable feature of the Indian Constitution is Article 356, which allows the central government to dissolve state governments in cases of a breakdown of constitutional machinery. Although initially expected to be used rarely, it has been invoked numerous times, often for political reasons. The misuse of this provision, particularly by Prime Minister Indira Gandhi, highlights the need for checks on governmental power.

The Indian Constitution stands in stark contrast to the experiences of other countries, such as South Korea, where the Constitution has been undermined by authoritarian leaders. As US President James Madison aptly stated, “The purpose of the Constitution is to restrict the majority’s ability to harm a minority.” This principle has been central to the Indian Constitution, which ensures that all sections of society have a voice.

Prime Minister Narendra Modi has been a staunch proponent of the ideals enshrined in the Constitution. He has emphasized his commitment to these values, particularly in the face of allegations of undermining the Constitution. Under his leadership, the government abrogated Article 370, which had disenfranchised communities in Jammu and Kashmir, and passed the Women’s Reservation Bill to increase female representation in Parliament. The Citizenship Amendment Act of 2019 was another significant step, offering persecuted minorities from neighboring countries a fast-track route to Indian citizenship.

Despite its challenges in the early years, India’s peaceful transfer of power stands as a testament to the strength of the Constitution. The document has navigated the country through political turbulence, maintaining unity and democracy. For 75 years, the Constitution has exemplified India’s republicanism, protecting it from totalitarian tendencies. We owe much to Dr. B.R. Ambedkar for crafting not only the world’s longest written Constitution but one that embodies the idea of India as a unified nation that celebrates humanity and civility.

[Kartikeya Sharma is a Member of Parliament, Rajya Sabha]

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