When India was gaining independence, naysayers raised doubts on how it would maintain its unity and democratic status. In fact, the last British commander-in-chief of the Indian Army had sardonically remarked “No one can make a nation out of a continent of many nations.” However, India defied such pessimism and exhibited remarkable resilience. Much credit for this goes to our Constitution – the principles it enshrines, the values it instils, the rights and duties it provides, the divisions it maintains, the balance it establishes and most importantly, the foresight it contains.
The Constitution is the product of exhaustive deliberations held by the Constituent Assembly of India (Assembly) over almost 3 years, spread across 11 sessions in 165 days. As we complete 75 years as a Republic, we have much to rejoice. Our Constitution has stood the test of time and helped us navigate through many difficult situations, which a young nation was bound to encounter. But have we achieved all our constitutional objectives?
Looking back, the seeds of the term ‘Republic’ were sown in 1947 by the introduction of the “Objectives Resolution” before the Assembly by our first Prime Minister, Pandit Jawaharlal Nehru. The very first of these objectives read – “[…] to proclaim India as an Independent Sovereign Republic.” Pandit Nehru was of the view that evolving into a republic was a natural progression for India after independence. He was also clear that whatever system of government we establish, it must fit in with the temper of our people and be acceptable to them. He had no doubt that we stood for democracy, but voiced that the Assembly would determine what shape to give to that democracy. And eventually, his Resolution, through discussions and changes, culminated in the Preamble to our Constitution. While introducing his Resolution, he even argued that there was no need for inclusion of the word ‘Democratic’ as the term ‘Republic’ meant that India would naturally be democratic. It is the Republican nature of the Constitution, which supplements India’s democratic character.
During the debates, the Chairman, Dr. B.R. Ambedkar argued that the Republican nature of government signified that the ultimate authority rested with the electorate and consequently, leadership would be based on the will of the people. Since India was extricating itself from its colonial oppressors, it was important to underscore in its founding document that India will bear no allegiance to any external authority. A close scrutiny of the deliberations reveals that the Republican character is also embodied in the democratic principles of Universal Adult Suffrage, Fundamental Rights, Secularism, and Social Justice, all of which are critical pillars of our Constitution.
Immense care was taken by the Assembly to carve out the Fundamental Rights which guaranteed equality before law and freedom of expression to bolster our democratic ideals. It protected the citizens from the excesses of the State and ensured that the democratic processes stay unhindered. The right to approach courts to enforce these rights drove Dr. Ambedkar to term them as the “heart and soul” of the Constitution.
The Assembly was aware that in some countries, traditions and conventions sufficed for governance. But owing to India’s heterogenous society, there was a need to incorporate written provisions to integrate laws and practices, especially with a view to reconcile varying customs and the needs of all citizens. Prof. K.T. Shah, Assembly member, asserted that in a country as diverse as India, the Constitution should provide detailed guidance to prevent misinterpretation and misuse. He desired that the Constitution “must lay down in clear and unmistakable terms what is to be done and what is not to be done. It must not be left to be interpreted by any individual or body in any manner they please. This is the reason why I am urging that we should not leave everything to the wisdom and discretion of future generations.”
Owing to this, our Constitution emerged as the longest written constitutions of any republic. The Assembly was cognizant that the Constitution needed to be practical, capable of being understood by the common populace and was not just a document to be interpreted by lawyers or academics.
Celebrating 75 glorious years of the adoption of the Constitution is a moment of immense pride. Inevitably, pivotal changes have taken place over the past seven plus decades. Politically, one has seen the reorganisation of some states, the growth of regional parties and their role at the centre and often, in government formation. We have also matured as a nation and naturally progressed as a society. Through it all, our Constitution, founded on the principles of the rule of law, has been our North Star. The foresight of the framers of the Constitution, their faith in the people of India, and their commitment to justice, equality, and liberty laid a strong foundation for our great nation. All this, surely, helped India achieve the dominant position it enjoys today on the global stage.
Yet, as we move forward, let us remember what Dr. Ambedkar said in his final speech in the Assembly on November 25th, 1949. “If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgement we must do is to hold fast to constitutional methods of achieving our social and economic objectives.” He emphasised that the people “must not be content with a mere political democracy, but rather strive for a social democracy with underlying principles of equality, liberty and fraternity. For Babasaheb Ambedkar, these three principles were the union of trinity and to divorce one from the other is to defeat the very purpose of democracy.
At this important milestone, let us take a moment to reflect on the actual progress made in achieving the social and economic equality which Dr. Ambedkar talked about. To fulfil this, we need our country to be inclusive and must ensure that social justice becomes a living reality for all citizens. Today, as a parliamentarian points out, we are witnessing the hollowing out of many institutions created by the Constitution, the diminishing of Parliament and pressures on our judiciary, all of which is undermining the democratic spirit. So, if we wish to preserve the Constitution, as Dr. Ambedkar said, we must resolve not to be tardy in the recognition of the evils that lie across our path, nor be weak in our initiative to remove them. As custodians of the Constitution, each of us has much to do. For that is the only way to serve our country!
Satvik Varma is a Senior Advocate based in New Delhi. A graduate of Harvard Law School, he’s licensed to practice in India and New York.