The 75 Years of the Constitution of India

Tish Malhotra | समाज-एवं-राजनीति | Jan 20, 2025 | 208

As we approach Republic Day this year in a few days, it is essential to consider not only how far India has come but also how it can continue to evolve while staying true to the foundational ideals set forth by its framers. This article by Tish Malhotra asks the readers to introspect. 

The 75 Years of the Constitution of India

Tish Malhotra

We recently celebrated the 75th year of the adoption of the Indian Constitution. On 26 November 1949, Dr B.R. Ambedkar, the Chairman of the Drafting Committee said, “The constitution as settled by the assembly be passed.”  Thus, the constitution was adopted by the Constituent Assembly and this day is now celebrated as Constitution Day in India. After its adoption on 26 November 1949, it came into force on 26 January 1950. So, this 26 January 2025 allows us to introspect.  We are to look around how far we have been able to live up to the expectations, spelled out in the sacred document.

The Preamble of the Constitution of India says: "We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation; in Our Constitution Assembly this twenty-day of November 1949, do Hereby Adopt, Enact and Give to Ourselves this Constitution.” 

The nobility inherent in each word of the Preamble compels one to read it again and again and marvel at the ideas, ideals, values, and philosophy for the good of all inherent in it. Indeed, these are the guiding principles on which the whole structure of the Indian Constitution is based.

Followed by the Preamble, the Constitution of India contains the Fundamental Rights conferred on every Citizen of India, the Directive Principles of State of Policy, and the Fundamental Duties of every Citizen of India, followed by other sections.  These three initial major sections constitute the fundamental principles and values for the good governance of India.  In this context, the Directive Principles of State of Policy assume greatest importance from the point of view of the concept of India emerging as a welfare state.  In this regard, the Constitution of India becomes an effective tool for bringing about the desired social revolution.  

At the outset, the Constitution mentions that provisions in the Directive Principles of State Policy shall not be enforceable by any court. But the principles therein laid down are nevertheless fundamental in the governance of the country.  It shall be the duty of the State to apply these principles in making laws.  It needs to be underlined that more than what is stated explicitly about of their being not enforceable by any court, what is more important is the ideals that are inherent in them. They are fundamental for good governance of the country.  The state is duty bound to follow them in the policy making process.  Therefore, the State, in order to ensure good governance, must act according to them.  Thus, Part IV of the Constitution containing the Directive Principles of State Policy in Sections 36 to 51, are the basic teachings for all leaders who are entrusted with the task of good governance. 
 
In his closing remarks, Dr Rajendra Prasad noted that they had been able to write a strong constitution that he was confident would benefit the nation.  But he also said:
“If the people who are elected are capable and men of character and integrity, they would be able to make the best even of a defective constitution.  If they are lacking in these, the constitution cannot help the country.  After all, a constitution like a machine is a lifeless thing.  It acquires life because of men who control it and operate it, and India needs today nothing more than a set of honest men who will have the interest of the country before them.  There is a fissiparous tendency arising out of various elements in our life.  We have communal differences, caste differences, language differences, provincial differences and so forth.

“It requires men of strong character, men of vision, men who will not sacrifice the interests of the country at large for the sake of smaller groups and areas and who will rise over the prejudices which are born of these differences.

“We can only hope that the country will throw up such men in abundance.”

The above-said address says it all.  All concerned can easily and clearly draw their own conclusions.  It cannot be denied that much work has been done as per the expectations raised in the Directive Principles.  But, given the prevailing atmosphere of discontentment and so many disturbances occurring at political, economic, social and cultural fronts, there is an urgent need to search our hearts.  Are we indeed going in the right direction as far as the implementation of the Directive Principles enshrined in the Constitution of India is concerned?  
The major issues before the nation are the obvious disturbing trends damaging the very basis of social harmony and peace, unity in diversity, and ensuring human dignity of all, irrespective of occupation, caste and religion.    The list is endless: the bloody sectoral violence; communal strife; religious intolerance; criminalisation of politics and politicisation of criminals; predominance of muscle and money power in elections, based on the politics of vote banks; disrespectful political discourse; strains in centre-stage relationship and threat to federal structure; farmers’ agitation; rising economic disparities and cost of living; unemployment; caste based exploitation and atrocities, negligence of concerns of the common man related to health care, shortage of decent housing,  unequal opportunities for education and skilling, etc. etc. 
  
The call of the 26 January 2025 is that all concerned must revisit the Preamble, the Directive Principles and other relevant provisions of the Constitution of India.  A continuous deeper study of them is essential on the part of political leadership right from the level of panchayat and municipal committees to the level of State and Central Governments.  Keeping in view of the current social, economic and political scenario of the country, special brainstorming sessions, involving all of them, should be held at each district.  The aim should be to discuss and to chalk out the way forward, based on the principle of building consensus rather than indulging in confrontational practices to solve the major issues.  

There should be national consensus for building and nurturing the nation from the grass-root level and The leaders need to act in unison for this.  Rising above the narrow political gains and party politics of winning elections is not so easy.  But the nation-building demands sacrifice.  The true Statesmen fully committed to the objectives of the Directive Principles laid down in the Constitution of India alone can do so.  The proposed brainstorming sessions can help in coming up with the agenda required of good governance for truly inclusive and sustainable development of all citizens by safeguarding and strengthening all democratic institutions.  

This is a simple submission from a common citizen of India, claiming no expertise in the constitutional matters.

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Tish Malhotra is a Delhi-based freelancer.

 



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