Achievements and Challenges of the Indian Constitution:
A Comprehensive Analysis.
Adv. Mugdha V. Raut
Two years, eleven months and seventeen days, was the time taken to draft the Historic Constitution of the Independent India, adopted on November 26, 1949 and came into effect on January 2, 1950. A document that stands as a monumental achievement in the history of democratic governance. It is not only the longest-written constitution in the world but also a living testament to the vision of a united, just, and progressive nation.
Born in the aftermath of colonial rule, the Indian Constitution embodies the aspirations of a newly independent nation, striving to balance individual freedoms with collective progress. Known for its distinctive features, the Indian Constitution strikes a fine balance between being firm and adaptable, safeguards fundamental rights, and creates a federal system that leans slightly towards central authority.
Serving as the cornerstone of India’s governance, the Constitution stands as a detailed and enduring framework shaped by a series of transformative events, each leaving an indelible mark on the nation’s history. This year commemorates 75 years of the Indian Constitution, presenting an opportunity to acknowledge its contributions to democracy, social justice, and economic development, while also examining the challenges it has encountered and continues to address. This blog aims to analyse these dual aspects—its accomplishments and the persistent issues shaping its trajectory.
The Foundation
In 1925, the British Parliament was presented with the Commonwealth of India Bill, which called for the recognition of fundamental rights for Indians. These rights included personal liberty, freedom of conscience, the right to freely express opinions, the right to peaceful assembly, and equality before the law.
Independence was accompanied by the cataclysm of partition and the arduous task of socio-economic rebuilding. The constituent assembly established in 1946 possessed an intense task of developing a particular framework through which this strife and troubled nation could be governed. The constitution makers faced the problem of integration of princely states into the union, the need of providing representation to the backward sections, and striving towards a cohesive Indian identity without suppressing cultural plurality.
The Constitution was framed through careful deliberation, resulting in one of the world’s greatest documents. As the Chairman of Drafting Committee, Dr B.R. Ambedkar was very crucial and central to its most constructive and progressive and inclusive makeup. Jawaharlal Nehru and others imagined a secular and democratic country while Sardar Vallabhbhai Patel focused on the idea of federal integration. Every single person contributed something worthwhile which helped in augmenting the breadth and width of the Constitution.
Strengthened by the Preamble, the Indian Constitution was synthesised around four core principles, ‘Justice, Liberty & Equality, Fraternity’.
Major Achievements of the Indian Constitution
With India crossing 75 years of its Constitution, one can’t help but reflect on such incredible achievements and impediments that lie in its path. The Constitution, indeed, is a visionary document, has managed to nurture the nation into a vibrant democracy during its journey from a newly liberated state. But still, in its journey so far, much for it has done but still much is facing.
- Upholding Democracy
Free and Fair Elections – The Election Commission of India, established by the Constitution, has been instrumental in ensuring that elections are free, fair, and transparent. Over the years, it has earned global recognition for its role in managing the world’s largest electoral exercise, with millions of voters across diverse regions and communities. Under Article 324, the Election Commission of India has played a crucial role in maintaining the sanctity of the democratic process. From conducting peaceful elections after the Emergency in 1977 – a change of government in history- to managing multi-phase elections across diverse regions, the ECI has consistently proven that it’s capable of conducting the world’s largest electoral exercise.
Peaceful Transitions of Power – A defining feature of Indian democracy is the regular and peaceful transfer of power. Even under the varieties of the political landscape of the nation, both at the national and state levels, transitions have been smooth and show the strength of the Constitution in ensuring democratic stability. The first national change of government in 1977 had demonstrated clearly constitutional mechanisms for upholding the process of democracy.
Safeguarding Fundamental Rights – Vital Judicial Decisions such as Kesavananda Bharati v. State of Kerala (1973) The Indian Constitution is grounded in safeguarding basic rights. Through the years, the Supreme Court has interpreted and expanded these rights. One of the landmark cases is the Kesavananda Bharati case that established the “Basic Structure Doctrine” which claims that any amendment may not affect the basic structure of the Constitution.This decision has safeguarded personal rights against the likelihood of the legislature and/or the executive flexing their muscles too much so that the basic spirit of the Constitution remains unscathed.
Evolvement of Individual Rights under Article 21 – provides the protection to life and liberty. Initially, it had been interpreted very narrowly, and over time, the scope of the Supreme Court has widened, with interpretations including the right to dignity, the right to privacy, and the right to a clean and healthy environment. Maneka Gandhi v. Union of India, 1978 is a landmark case in such an understanding of individual freedoms further concretizing the commitment that the Constitution of India makes towards citizen rights.
- Social Justice and Inclusivity
Empowerment of Marginalized Communities:Scheduled Castes, Scheduled Tribes, and Other Backward Classes are guaranteed representations through affirmative action through Articles 15 and 16 of the Indian Constitution. Reservations in education, employment, and political representation have significantly helped uplift these communities toward social justice and inequality reduction. With the 73rd and 74th Amendments, advanced provisions for handicapped and women nominations of representation increased to 46% of Panchayat seats, making representation at the grassroot level much stronger.
Furthermore, it Safeguards for Linguistic and Cultural MinoritiesThe linguistic and cultural diversity is also reflective of the linguistic, religious, and cultural diversity of India. It ensured protective status to minor linguistic and cultural groups while allowing them to hold on to their precious heritage. These provisions have been crucial for maintaining national unity amidst cultural diversity.
C)Judicial Independence
An independent judiciary, which is confirmed through Articles 124 to 147, has successfully played the role of a guardian of constitutional rights. Reduction of misuse of the President’s Rule through Article 356 was done by the Supreme Court in S.R. Bommai v. Union of India in 1994. Another significant example that illustrates the concern of the judiciary for the enforcement of fundamental rights over executive overreach is Shreya Singhal v. Union of India in 2015, by which Section 66A of the IT Act was declared unconstitutional.
Challenges Faced by the Constitution Over 75 Years
- Challenges to Institutional Independence
The autonomy of key constitutional institutions such as the judiciary, Election Commission of India (ECI), and Central Bureau of Investigation (CBI) has questioned in recent times. For instance, controversies on the appointment of election commissioners and allegations that the CBI is serving at the dictates of high-profile cases have all questioned its impartiality. These challenges strain the constitutional framework of separation of powers and checks and balances, integral to maintaining public trust within the democratic process.
Socio-Economic Disparities: Substantial Failure in Economic Equality. Although the Constitution takes pride in guaranteeing equality before the law and fostering social justice, the country still has a long way to go on the socio-economic development front. The rich-poor gap is still wide, and economic development has not reached the people evenly. Access to quality education, healthcare, and regional disparities continue to plague the realization of the Constitution’s vision of economic equality.
- Need for Better Implementation of Directive Principles of State Policy
The Directive Principles of State Policy (DPSPs) serve as guidelines for the government to promote social and economic welfare, but because DPSPs are non-justiciable in nature, their implementation is largely curtailed. For example, despite the provision under Article 44 to ensure that Uniform Civil Code (UCC) be executed, it could not be implemented because of socio-political factors. Similarly, the objective of Article 45-provision of free and compulsory education-could be achieved only partly with the Right to Education Act, 2009. The persisting existence of child labour and unavailability of proper education facilities in rural areas show that its implementation needs to be stronger to bridge the socio-economic gaps.
- Changing Issues
TheConstitution, drafting era in analogical times, calls for adaptation with digital complexities. Presently, the Aadhaar case (Justice K.S. Puttaswamy v. Union of India, 2017) threw up the need for proper data protection laws to safeguard privacy. Cybersecurity issues relating to the rising ransomware attacks have represented demands on the legal reforms to be bestowed for protecting critical infrastructure. Environmental crises like Delhi air pollution and river contamination require the strict implementation of Article 48A, which demands protection of the environment. These examples thus prove how constitutional and legislative changes are necessary in order to cope with present day challenges effectively.
Future Prospects for the Indian Constitution
Modernization in the Era of Contemporary Challenges:
The Indian Constitution, a product of post-independence realities, must evolve to address emerging global and national challenges. Issues like privacy, human rights in the context of artificial intelligence, digital governance, and climate change demand a responsive framework. Judicial pronouncements, such as the Puttaswamy judgment on privacy, highlight the Constitution’s adaptability. However, sustained judicial and legislative action is essential for it to remain relevant in navigating technological and environmental crises.
Strengthening Democratic Institutions:
For democracy to thrive, constitutional bodies like the judiciary and the Election Commission must be insulated from undue influence. Effective checks and balances among the executive, legislature, and judiciary are crucial to prevent the concentration of power. Enhancing institutional transparency and accountability will ensure these bodies function effectively, upholding the constitutional promises of justice, liberty, and equality.
Promoting Constitutional Literacy:
Constitutional literacy is the cornerstone of active citizenship. Many citizens remain unaware of their rights and the means for redressal when those rights are infringed. Integrating constitutional education into school curricula, university programs, and civic activities can instill the values of justice, equality, and liberty. A nationwide effort to promote this literacy would not only foster an understanding of democratic ideals but also empower individuals to defend them, thereby encouraging informed and meaningful participation in governance.
Enhancing Accountability in Governance:
Accountability is key to a thriving democracy. Mechanisms for holding elected representatives responsible must be robust. Strengthening laws such as the Right to Information Act, enhancing whistleblower protections, and implementing stringent anti-corruption measures can significantly improve transparency. Additionally, safeguarding individual freedoms and democratic rights requires active citizen participation and oversight to ensure governance aligns with constitutional ideals.
Whether the Indian Constitution can evolve, protect institutions, educate its citizens, and ensure accountability will determine its continued success in shaping a vibrant and participatory democracy.
Conclusion
An ever-changing India has made the Indian Constitution stand the test of time. Despite several challenges, the national core principles have been the basis of a resilient guide for growth for India as a democratic, secular, and sovereign state. The constitution not only shaped the political and legal landscape of India but also grew a culture of justice, equality, and liberty.
As we look to the future, the Constitution’s relevance and resilience remain paramount. In a rapidly changing world, it will continue to serve as the foundation of India’s democratic success. But to truly honour its legacy, we must remain vigilant in upholding its ideals.
It is for each citizen to know not only the Constitution but also take an active role in protecting the liberty and rights that it entails. It would ensure that India develops into a just, equitable, and vibrant democracy for future generations as well. Let us make a sustained effort to preserve the constitutional values, striving for a better future, and strengthen this democratic spirit that defines India.