Participating in a special discussion marking the 75th anniversary of the adoption of the Constitution, Prime Minister Narendra Modi rightly noted in the Lok Sabha that the Constitution had overcome all the predicted possibilities for India after independence. In the life of a young republic, there are bound to be ups and downs, but the Constitution has stood the test of time and served India well. The biggest example of its success is the continued peaceful transition of power, reflecting the people’s will. It is worth highlighting that politics in India at every level is extremely competitive. Over the decades, different political parties and formations have governed the country and taken it forward with occasional setbacks. The imposition of the Emergency in 1975 is an obvious example. The Constitution of India was envisioned as a dynamic and living document with inherent flexibility to adapt to the changing needs of a young nation.
As a result, the Constitution has been amended over 100 times. Most recently, for example, it was amended to reserve 33 per cent of the seats in Parliament and the state legislatures for women, though the provision will come into effect after the next delimitation exercise. In the economic context, both the Union and state governments pooled their powers to tax to enable the implementation of goods and services tax with relevant modifications in the Constitution. Thus, the Constitution has allowed India to advance both social and economic causes over the years. While the two-day debate in the Lok Sabha last week touched upon various aspects, it became partisan at different levels. Though this was not entirely unexpected, the members could have used this opportunity to discuss the way forward to accomplish the ideas adopted in the Constitution. Since India is working towards becoming a developed nation by 2047, the centenary of Independence, it is only apt that it aims to change and empower the lives of citizens.
In this regard, some provisions guaranteeing fundamental rights are worth discussing here. Article 14, for instance, guarantees equality before the law or the equal protection of the law within the territory of India. In other words, the Constitution rejects any kind of discrimination. However, the Indian state has not been able to guarantee this to every citizen. Until it was stopped by the Supreme Court recently, “bulldozer justice”, for instance, practised in several states, was against both the letter and spirit of the Constitution. What India needs is the strengthening of institutions, particularly the judiciary. The case backlog invariably delays decisions, affecting the well-being of citizens and the protection of fundamental rights.
Further, there is a consensus among experts that if India has to develop, it will need better-quality human capital. In this context, Parliament did well to adopt Article 21A (86th amendment), which expects the state to provide free and compulsory education to all children aged six to 14 years. Consequently, enrolment in schools has increased over the years, for which both the Union and state governments deserve credit. However, as evident in various surveys, particularly the Annual Status of Education Report (ASER), the quality of education remains poor. India will not be able to grow and develop at the desired pace if this aspect remains unaddressed for long. It is important to ensure that social, economic, and legal outcomes in the country are in line with the basic intent of the Constitution. To be fair, overall, what India has accomplished over the past 75 years is remarkable. Upholding the core constitutional values will enable it to fulfil the aspirations of its citizens.
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