Constitution day of India - Celebration and Challenges



Constitution Day, also known as Samvidhan Divas, is celebrated annually on November 26th in India to commemorate the adoption of the Indian Constitution. This day is a tribute to the architects of the Constitution and serves as a reminder of the values, principles, and rights enshrined in the nation’s supreme legal document.

The Historical Significance


On November 26, 1949, the Constituent Assembly of India formally adopted the Constitution, which came into effect on January 26, 1950, marking India’s transition into a sovereign democratic republic. The drafting process was led by Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, who is widely regarded as the principal architect of the Indian Constitution. 


The drafting process took nearly three years and involved rigorous discussions and debates, reflecting the diverse aspirations of a newly independent nation.  The prominent leaders who were part of the Constituent Assembly are Pandit Jawaharlal Nehru, Dr. Rajendra Prasad, Alladi Krishnaswami Iyer, Sardar Vallabhbhai Patel, Hansa Mehta, B.N Rau, K.M. Munshi, Sarojini Naidu, M.M. Ismail saheb along with numerous others, collectively shaped the Indian Constitution, ensuring it reflected India's diversity, aspirations, and commitment to justice, liberty, and equality.


The Constitution of India is the longest written constitution in the world, comprising a Preamble, 22 Parts, 12 Schedules, and numerous amendments. It encapsulates fundamental principles like justice, liberty, equality, and fraternity, aiming to foster a society that is inclusive and equitable.


The Preamble: The Soul of the Constitution


The Preamble of the Indian Constitution is a concise statement that outlines the goals and objectives of the document. It begins with the words “We, the People of India,” emphasising that the ultimate authority lies with the citizens. It declares India to be a Sovereign, Socialist, Secular, and Democratic Republic, ensuring justice, liberty, equality, and fraternity for all.


The framers of the Indian Constitution studied and borrowed from several countries' constitutions to create a robust and comprehensive document tailored to India's needs. Precisely, Parliamentary system and concept of rule of law, single citizenship, speaker’s role from United Kingdom; Fundamental rights, Independent Judiciary, Separation of powers among the Legislature, Executive, and Judiciary, Impeachment procedure of President from United States of America; Directive Principles of State Policy (DPSP) from Ireland; Concept of Federalism with a strong central government, Distribution of powers between the Centre and States from Canada; Concurrent List for powers shared by the Centre and States from Australia; Suspension of Fundamental Rights during an Emergency from Germany; Ideals of Liberty, Equality, and Fraternity, enshrined in the Preamble from France are the major references or inspirations in framing the constitution. 


Significance of Constitution Day


Constitution Day was first observed in 2015, marking the 125th birth anniversary of Dr. B.R. Ambedkar. The government introduced this day to highlight the importance of constitutional values and to instil a sense of national pride among citizens. It serves as an occasion to educate people, especially the youth, about the Constitution’s significance and its role in shaping modern India.


But the irony is the party that has decided the observation of constitution day is at forefront in breaching the constitutional boundaries in many ways.  Firstly, this is the party that destroyed the Babri Masjid on the death anniversary of Dr. Ambedkar on December 6.  Was it a coincidence or a deliberate action?


Observance and Celebrations


On Constitution Day, various events and programs are organised across the country to pay homage to the framers of the Constitution. Educational institutions hold debates, essay-writing competitions, and discussions on constitutional values. Government offices and public institutions conduct ceremonies where the Preamble is read aloud, reaffirming the commitment to uphold its principles.


Parliament often hosts special sessions to discuss the importance of constitutional governance, and leaders highlight the contributions of the Constituent Assembly. The day also prompts reflection on the progress India has made in realising the ideals enshrined in the Constitution and the challenges that lie ahead.


The Relevance of the Constitution Today


India’s Constitution remains a living document, evolving through amendments to address changing societal needs. It has played a pivotal role in ensuring political stability, safeguarding fundamental rights, and promoting social justice. However, it also reminds citizens of their fundamental duties, emphasising collective responsibility in nation-building.


In today’s context, Constitution Day is more than a historical commemoration; it is an opportunity to reflect on the nation’s journey, reaffirm commitment to democratic values, and strive for a more inclusive and equitable society.


The challenges


Protecting the Constitution in India involves addressing various challenges to ensure its principles and values are upheld.


While the celebration is rightly justified and the country require to be ruled by the ‘Rule of Law”, but the challenges are incredibly pushed to the citizens to protect the constitution against the ruling dispersion for quietly dismembering the constitution.   


  1. The bulldozer Justice.  "Bulldozer justice" refers to the use of bulldozers to demolish structures, under the guise of removing illegal encroachments. This practice has sparked widespread debate, particularly when demolitions appear to disproportionately target Muslim communities or individuals, raising concerns about fairness, due process, and misuse of executive power.  The Supreme Court has played a crucial role in ensuring that constitutional principles and the rule of law are upheld, sending a clear message against arbitrary and disproportionate actions by authorities.  The question here is whether the executives, including the state's Chief Ministers, are unaware that the bulldozer action violates the Constitution.


  1. Electoral bonds: Instances of political leaders bypassing constitutional processes or misusing constitutional provisions for personal or party gains. Meanwhile some of government decisions are needed to be overturned at higher courts sighting the constitutional validity of those decisions. The notable such case is the “Electoral bonds” where the Supreme Court nullified the law after the collection of huge amount by all political parties.  


  1. Election Commission:  Allegations of interference in the functioning of Election Commission pose a threat to constitutional democracy. As an independent body, the election commission’s silence in allowing the religion as a tool to gather votes is questioning its constitutional independency.  Electoral Malpractices such as vote-buying, fake news, and criminalization of politics challenge free and fair elections.


There are various other challenges that are threatening the constitution.  


Economic Inequality: The gap between the rich and poor undermines the constitutional promise of equality and justice.


Caste and Gender Discrimination: Persistent discrimination based on caste and gender hinders the realization of fundamental rights for all citizens.


Freedom of Speech and Expression: Censorship, surveillance, and restrictions on dissenting voices threaten the constitutional right to free speech.


Violation of Privacy: Concerns over data breaches, mass surveillance, and misuse of technology pose challenges to citizens’ right to privacy.


Poor Enforcement of Laws: Although laws are in place to uphold constitutional principles, weak enforcement leads to violations of rights.

Corruption: Corruption within the system hampers governance and access to justice, undermining constitutional ideals. Corruption at the bottom level where the  common men and women are still suffering with. 


Favouritism: Establishing entities under the government control disguising as regulatory authority, but regulating the businesses to certain favoured business persons.  Example: Solar Energy Corporation of India Limited (SECI), which is in midst of allegations for favouring Adani group to securing the government contracts.


Federalism Under Strain: Tensions between the central and state governments, especially on issues like resource allocation and policy implementation, challenge the federal structure.


Economic Pressures: Balancing globalisation with the constitutional mandate to protect domestic industries and marginalised communities.


Regulating Technology: Ensuring that technological advancements like artificial intelligence and social media adhere to constitutional values of fairness, equality, and privacy.


Cybersecurity Threats: Safeguarding digital infrastructure while protecting constitutional rights in the online space.


Conclusion


Constitution Day is a celebration of India’s democratic ethos and the vision of its founding leaders. It reminds every citizen of their rights and responsibilities in preserving the ideals of justice, equality, and liberty. As India progresses on the global stage, the Constitution continues to serve as the bedrock of its democratic identity, ensuring that the nation remains true to the principles laid down over seven decades ago.


Protecting the Constitution in India requires constant vigilance, active participation by citizens, and accountability at all levels of governance. Strengthening institutions, ensuring impartiality, addressing societal inequalities, and fostering awareness are essential steps to safeguard the principles enshrined in the Constitution.


The rule of law shouldn’t be on paper only, but also appeared to be seen for citizens.

Comments

Post a Comment

Popular posts from this blog

Expatriates and challenges

‘People who are looking to own a first home by living in a second home’ is my definition for gulf expatriates. In 70 and 80s millions of expatriates were brave enough to go to gulf countries in search for a decent life. Today, these left over millions, especially in Saudi Arabia are questioning their bravery, in fact, wondering was it worth! Often this group looks so naïve and foolish in front their own cousins who have built better job career, businesses and life in their countries against multiple odds. It is not a major worry for people who migrated in end of nineties or early two thousands, because these particular groups have the advantage of age in addition to better professional educational qualification to find jobs in their home country or elsewhere. They are also not far away from the social and business environments of their home countries. They can relatively mingle with existing social circumstances and relocate with certain ease. The question remains more disquietin...
Read more

Uniform Civil Code - Divide and Win

BJP government has suddenly taken up the Uniform Civil Code in the name of gender equality, harmony and progressiveness.  One India and One Law is the concept and has been heavily funded by some media companies in promoting pan India animosity among various political parties and communities.  One India and One Law can be catchy and media friendly to increase the TRP of television channels, but not even one percent of GDP growth.  Is One India and One Law is the forerun for One India One Language; One India One Culture; One India One Religion; One India and One ethnic, etc?      Media started discussing and debating the law commission questionnaire issued on 7 th October and we have conveniently moved away from surgical strikes and increasing terror attacks on border area.  Nevertheless, it is the arrogance of Law commission that prepared a questionnaire in an irrelevant and negative format like a school children survey questionnaire. I have...
Read more

Ayodhya Verdict

A historical verdict evokes three different responses. Before I explain the responses, I consider it historic, because the verdict does not limit within the legal domains and suggest the parties to move forward with compromising formula of joint possessions or joint holders of the property. It is historic, because the judges thought about the social implications, which is again beyond the legal purview and practices in India. Rarely judges show their vision of social implications on positive direction and therefore, we must appreciate the panel of judges, though one of them categorically dismissed relief to Muslims and awarded the entire property to Hindu parties. It took sixty one years to decide on the title holders, but largely based on the belief, practices and utilization of the property in the absence of valid or clear documents and entitlements. No victory or loss – proclaimed by RSS parivars including BJP. A base for reconciliation – thumped by other political parties and i...
Read more