Constitution Turns 75 And Remains 'Free'
On November 26, 2024, as India marks Constitution Day, the nation pauses to reflect on the enduring legacy of its supreme law. Adopted on this day 75 years ago, the Indian Constitution stands as a testament to the vision of its framers who sought to unify a diverse democracy. And, despite all the manufactured talk of it being ‘under threat’, the Constitution of India remains free and vibrant, says Gajanan Khergamker
With Prime Minister Narendra Modi completing a decade in office and the BJP recently regaining power in Maharashtra, this Constitution Day assumes heightened significance as it underscores the relevance of the document in shaping India’s evolving socio-political landscape while navigating pressing contemporary challenges.
The Indian Constitution, adopted on November 26, 1949, and enforced from January 26, 1950, stands as a monumental achievement in the democratic history of the world’s largest democracy. Celebrated annually as Constitution Day, November 26, 2024, marks yet another occasion to reflect on its enduring relevance. This document, meticulously crafted by visionaries like Dr. B.R. Ambedkar, is more than a mere collection of laws—it is the soul of the nation, capturing its pluralistic ethos. Despite being the longest written constitution in the world, its clarity and adaptability have ensured its sustained significance in addressing the challenges and aspirations of modern India.
Since taking office in 2014, Prime Minister Narendra Modi has repeatedly invoked the Constitution as the guiding framework for the nation’s transformation. His government’s initiatives—ranging from Ayushman Bharat to Digital India—demonstrate the application of constitutional principles in fostering social justice and empowering citizens.
Federalism, a cornerstone of the Indian polity, has found renewed expression through measures like the implementation of GST, a reform that exemplifies cooperative governance and fiscal decentralisation. Equally significant was the abrogation of Article 370, which redefined the relationship between Jammu and Kashmir and the rest of India, highlighting the Constitution’s capacity to address historical complexities while ensuring national integration.
In Maharashtra, the recent return of the BJP to power underscores the Constitution’s role as a stabilising force in democratic transitions. The electoral victory, achieved through strategic alliances and a clear developmental agenda, reflects the robust functioning of constitutional democracy at the state level. In a region marked by linguistic diversity and vibrant cultural heritage, the BJP’s mandate carries the potential to strengthen regional identity while aligning with the national vision, reinforcing the freedoms enshrined under Article 19. Maharashtra’s evolving political landscape offers a microcosmic view of the Constitution’s enduring vibrancy in balancing regional autonomy with national unity.
The document’s foundational features—its adaptability, judicial independence, federal structure, and progressive orientation—have ensured its relevance across decades. With over 105 amendments to date, the Constitution remains dynamic, addressing evolving socio-economic needs.
The 103rd Amendment, which introduced reservations for the Economically Weaker Sections, stands as a testament to its responsiveness to contemporary inequalities. The judiciary, as the Constitution’s guardian, continues to interpret its provisions with a progressive lens, delivering landmark verdicts that reaffirm fundamental rights and freedoms.
At the grassroots, the Panchayati Raj system, empowered through constitutional provisions, embodies the principle of decentralised governance. Successive governments, including Modi’s, have leveraged digital inclusion and rural electrification to amplify this framework, bridging gaps between policy and people. Meanwhile, the Directive Principles of State Policy, though non-justiciable, remain instrumental in shaping governance. Schemes like Beti Bachao, Beti Padhao resonate deeply with these principles, underscoring the alignment of constitutional ideals with policy implementation.
Yet, the Constitution’s journey is not without challenges. Communal polarisation, debates over the Uniform Civil Code, and environmental crises test its resilience. The rising complexity of India’s socio-political fabric demands nuanced interpretations and applications of constitutional provisions. These issues necessitate a careful balance between the preservation of rights and the assertion of responsibilities, ensuring the Constitution remains a beacon for progress.
In the last decade, under the leadership of Prime Minister Narendra Modi, the Indian government has unequivocally committed itself to the ideals enshrined in the Constitution of India. This commitment, however, has often been a subject of intense political discourse, where the Modi administration’s approach to governance has been evaluated through the prism of constitutional values—both in letter and spirit. Yet, when one examines the overarching landscape of policy, legislation, and national discourse, it becomes clear that the Modi government has not only upheld the Constitution but has also made bold strides in ensuring that its principles of justice, equality, and unity permeate the nation’s social, political, and economic framework.
The hallmark of the Modi administration’s respect for the Constitution is its consistent focus on legal and judicial reforms. From the abrogation of Article 370, which granted special status to Jammu and Kashmir, to the passage of the Citizenship Amendment Act (CAA), the government has made crucial decisions that sought to realign India’s constitutional vision with its evolving socio-political realities.
The abrogation of Article 370, in particular, was a landmark moment in India’s post-independence history, one that required not only a meticulous understanding of constitutional provisions but also the courage to challenge centuries-old notions of federalism and autonomy. While the legal validity of this decision continues to be a matter of constitutional debate, the Modi government’s consistent defence of the move in courts and its emphasis on national integration showcase its resolve to uphold the Constitution in a manner that reflects the nation’s unity.
Moreover, the Modi government’s focus on economic justice aligns with the Constitution's Directive Principles of State Policy. Initiatives such as the Goods and Services Tax (GST), financial inclusion programs like Jan Dhan Yojana, and the implementation of the Pradhan Mantri Awas Yojana demonstrate the government's commitment to lifting millions out of poverty while ensuring equitable access to economic resources.
These measures reflect a conscious effort to address the constitutional mandate of economic justice, a provision often relegated to the background in previous administrations. The decision to provide reservation for the Economically Weaker Sections (EWS) of society, through the 103rd Constitutional Amendment, further reinforces this stance, ensuring that the socio-economic upliftment of disadvantaged groups remains a central focus.
On the international stage, the Modi government’s commitment to constitutional integrity has been demonstrated through its resolute defence of India’s sovereignty and national security. The government's firm stance on cross-border terrorism, particularly its surgical strikes in Pakistan-occupied Kashmir and the response to the 2019 Pulwama attack, showcases its resolve to defend the constitutional values of peace and security. While national security is a fundamental responsibility of any government, the Modi administration has consistently articulated its actions in a manner that aligns with the constitutional duty to protect citizens and uphold the rule of law.
The Modi government’s vision for a New India, as articulated by the Prime Minister, aligns closely with the constitutional principle of equality. Efforts to empower women through the implementation of laws against triple talaq and the passage of the historic Women’s Reservation Bill in the Rajya Sabha are noteworthy. These steps towards gender justice reflect the government’s commitment to bridging the gender gap, a pursuit deeply embedded in the constitutional vision of an egalitarian society. The government’s relentless push for women’s rights, economic empowerment, and social inclusion stands as a testament to its allegiance to the core values of the Constitution.
However, like any government, the Modi administration has faced its fair share of criticism, particularly with regard to its handling of issues like religious freedom and the safeguarding of minority rights. Critics have argued that certain actions, such as the CAA and the National Register of Citizens (NRC) in Assam, may contravene the spirit of secularism enshrined in the Constitution.
The government’s defence, based on the claim that these laws are in line with the Constitution's provisions for granting refuge to persecuted minorities, suggests a pragmatic interpretation of constitutional principles. Yet, the underlying tension between ensuring national security and protecting constitutional freedoms continues to challenge the government, requiring careful judicial scrutiny and political deliberation.
In terms of governance, the Modi administration has embraced the principles of transparency, accountability, and public welfare, all central tenets of the Constitution’s framework. The government's focus on digitization, financial transparency through initiatives like Direct Benefit Transfers (DBT), and the introduction of the Insolvency and Bankruptcy Code (IBC) reflect its efforts to modernize the economic and legal systems while ensuring accountability and justice for the common citizen. These systemic reforms, grounded in constitutional ideals, are designed to strengthen the democratic fabric of India, ensuring that the rule of law remains paramount.
Through its tenure, the Modi government has demonstrated an unwavering commitment to upholding the Constitution’s sanctity while navigating the complexities of modern governance. While there will always be debates on the interpretation of constitutional provisions, what stands out is the administration's constant reaffirmation of the Constitution’s role in shaping the nation’s future. Whether through legal reform, socio-economic development, or national security, the Modi government has consistently sought to align its policies with the fundamental principles of justice, liberty, and equality that the Constitution guarantees.
It has become evident that the Modi administration has approached the task of upholding the Constitution with a mixture of pragmatism, ambition, and respect for India’s democratic traditions. The future, however, will depend not only on legal interpretations but on the collective will of the people, who must continue to safeguard the Constitution’s values, ensuring that the vision of a just, inclusive, and prosperous India remains intact for generations to come.
As India observes Constitution Day in 2024, against the backdrop of PM Modi’s transformative decade in office and the BJP’s electoral resurgence in Maharashtra, the occasion serves as a reminder of the document’s enduring spirit. It is a moment to reaffirm faith in its guiding principles and their capacity to navigate the nation through turbulent and transformative times.
The Constitution, far from being a static relic, continues to evolve, reflecting the aspirations of over 1.4 billion citizens while standing as a testament to the nation’s democratic resilience. It is not merely a manual for governance but a living, breathing embodiment of India’s collective will, shaping the trajectory of a resurgent and vibrant nation.
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