FOUNDATIONAL VALUES, THE JOURNEY OF THE INDIAN STATE

25th January, 2025

Context

The 75th anniversary of the Indian Constitution marks a moment to reflect on its founding ideals. Adopted on November 26 1949 it laid the groundwork for a democratic Republic. Dr. B.R. Ambedkar’s call to place the nation above personal beliefs continues to inspire the nation.

The Birth of the Republic

On January 26 1950the Constitution came into effect and it officially transformed India into a sovereign, democratic, republic. The Constituent Assembly had debated extensively on the challenges of nation-building, with Dr. Ambedkar’s closing address highlighting the hurdles that lay ahead for the newly formed Republic.

Federalism is the Core of Indian Democracy

India's federal structure has sparked significant issues like:

  • The role of State Governors and their tussles with elected State governments.
  • Proposals for simultaneous elections at the national and state levels.
  • Neglect of regional languages with demands for linguistic equality and state autonomy.
  • Struggles with fiscal federalism, as States face challenges under the Finance Commission and the GST regime.

The Next Challenge: Delimitation

The upcoming delimitation exercise could intensify debates between the Union and States especially regarding population control policies and equitable representation.

The Absence of the Word ‘Federal’

Although federalism has shaped India’s democratic journey, the Constitution does not explicitly use the word ‘federal.’ However, Dr. Ambedkar clarified that India’s governance framework is fundamentally federal, except during emergencies.

Justice and Liberty: Anchoring Constitutional Values

Co-Equal Powers of Union and States

Criticism that the Constitution is anti-federal has existed since its inception. Dr. Ambedkar countered this, asserting that the Union and States are co-equal, with overriding Union powers reserved only for emergencies.

Judicial Recognition of Federalism

The judiciary has upheld federalism as part of the basic structure of the Constitution in cases like S.R. Bommai vs Union of India (1994) and Government of NCT of Delhi vs Union of India (2024), cementing its importance.

Personal Liberties Under Threat

Criticism of a Police State

Concerns have grown over India becoming a police state, with laws such as:

  • Unlawful Activities (Prevention) Act (UAPA)
  • Prevention of Money Laundering Act (PMLA)
  • Sedition laws

These laws have raised alarm over personal liberties and democratic rights.

Social Democracy: Liberty, Equality, and Fraternity

Persistent Inequalities

India’s democratic vision is grounded in the values of liberty, equality and fraternity. However, caste divisions and socio-economic disparities continue to challenge this vision.

Dr. Ambedkar’s Warning

Dr. Ambedkar cautioned that failure to address inequalities would threaten democracy itself. He emphasized the need to build a sense of fraternity among citizens to ensure national unity.

Have We Fostered Fraternity?

Despite progress India still struggles to neutralize caste-based barriers and promote true equality of opportunity. These failures are a reflection of the challenges ahead rather than a shortcoming of the Constitution.

Calls for a New Constitution: A Misguided Approach

Proposals for an ‘Indic’ Constitution

Recent suggestions to replace the Constitution with a document rooted in Hindu dharmic concepts undermine the immense intellectual effort of the Constituent Assembly.

Defending the Constitution

Rather than reinventing the wheel India must focus on defending the democratic principles that are enshrined in the Constitution and ensure its continued relevance in a rapidly evolving world.

Role of Guardians for protecting the Constitution

India needs constitutional guardians who prioritize the nation above individual needs or sectarian interests. These guardians are:

  • Judges
  • Bureaucrats
  • Politicians
  • Activists and Journalists
  • Informed Citizens

Learning from Plato

Drawing inspiration from Plato’s Republic India’s guardians must act as philosopher-leaders, upholding the values of the Constitution and ensuring justice, liberty and equality for all.

Conclusion: The Road Ahead

As India celebrates 75 years of its Constitution the focus must remain on fulfilling its promises. Dr. Ambedkar’s vision of a nation united by democracy and equality continues to guide the nation. In future we need collective resolve to safeguard the Constitution and uphold its foundational values for future generations.

Source:

The Hindu