Protecting Our Constitution Equals Preserving Democracy

Promoting widespread knowledge of constitutional rights will increase participation in the democratic process and entrench respect for the rule of law.

Written by

Arshad Shaikh

Published on

December 31, 2024

Democracy, derived from the Greek term “demokratia” or “rule by the people,” represents the aspiration of societies to govern themselves through collective will and consent. For a diverse and populous country like India, a robust democratic framework is essential. The Indian Constitution, hailed as one of the most comprehensive in the world, is the bedrock of the nation’s democracy. It embodies the vision of its framers, ensuring liberty, equality, and justice for all citizens while fostering a pluralistic society. As part of the yearlong celebrations marking the 75th Anniversary of the adoption of the Constitution, a special discussion on the theme “The Glorious Journey of 75 Years of the Constitution of India” was held in the Lok Sabha on December 13 and 14, and in the Rajya Sabha on December 16 and 17.

Unfortunately, the parliamentary debate turned out to be a missed opportunity for constructive dialogue. Instead of focusing on the Constitution’s role as a unifying framework given India’s socio-political and economic disparities, Members of Parliament failed to address the unfulfilled constitutional promises. The discussion got reduced to a blame game between the ruling BJP and the Congress-led Opposition with both sides accusing each other of undermining the Constitution, using selective facts and historical grievances for political attacks.

Constitution the lifeline of our democracy

The Constitution of India is the cornerstone of its democratic system. It guarantees equality before the law, freedom of speech, and protection against discrimination, forming the basis of individual liberty. The division of power among the Legislature, Executive, and Judiciary ensures checks and balances, preventing authoritarianism.

The Constitution envisages independent institutions like the Election Commission (ECI) and the Comptroller and Auditor General (CAG) to uphold democratic integrity and accountability. Regrettably, principles like justice, liberty, equality, and fraternity are under attack by the very powers who swear by the Constitution.

Majoritarianism, caste divides, and manipulative election practices have eroded fraternity and genuine representation, while liberty suffers under state hegemony, biased institutions, and curtailed dissent. Economic policies deepen inequality, benefiting a few and disregarding the poor and the marginalised. Unorganised and social sectors remain underfunded, leading to widespread unemployment, lower productivity, illiteracy, malnutrition, and deprivation. Federalism has been weakened by partisan fund allocation and escalating inter-state conflicts. There is an urgent need to safeguard the Constitution if we wish to preserve our democracy.

Minority Rights and Indian Constitution

The test of any democracy lies in finding the condition of its minorities. The Constitution of India is deeply committed to protecting the rights of minorities, recognising their essential role in a pluralistic democracy. Articles 29 and 30 safeguard cultural and educational rights, allowing minorities to preserve their heritage and establish institutions.

The Right to Equality (Article 14) and Freedom of Religion (Articles 25-30) act as a bulwark against majoritarianism, ensuring that democracy is not merely the rule of the majority but also the protection of the vulnerable.

Our Constitution advocates for multiculturalism and ensures that religious and linguistic minorities can establish and administer educational institutions of their choice, safeguarding their cultural identity and dignity. The judiciary has consistently upheld these rights as a facet of equality, integral to the Constitution’s basic structure. While the Constitution refrains from explicitly defining “minority,” it allows for state-level identification, ensuring inclusivity. Provisions like Article 350A and 350B further facilitate linguistic and cultural preservation.

Remarkable document

India’s federal structure and emphasis on linguistic and cultural diversity are testaments to the Constitution’s adaptability. By accommodating differences through provisions like the Sixth Schedule (protecting tribal interests) and linguistic states, the Constitution promotes unity in diversity. This pluralism is essential for India’s democratic fabric, where every citizen, irrespective of their background, finds representation.

The Constitution’s strength also lies in its ability to prevent concentration of power. The Emergency of 1975-77 serves as a poignant reminder of the risks of undermining constitutional safeguards. During this period, fundamental rights were suspended, and democratic institutions were subverted. However, the subsequent restoration of democracy reaffirmed the resilience of the Constitution and its enduring relevance.

One of the Constitution’s remarkable features is its balance between rigidity and flexibility. While the core principles remain sacrosanct, amendments allow it to adapt to changing circumstances. Landmark amendments, such as the 42nd Amendment (incorporating the word “secular”) and the 73rd and 74th Amendments (decentralising power to local governments), demonstrate the Constitution’s dynamic nature in strengthening democracy.

Current Challenges and Threats to Democracy

Despite its robustness, the Constitution faces challenges in contemporary India. Constitutional principles are increasingly subverted by forces such as community identity, ‎unchecked executive power, and economic inequality, threatening the political agency and ‎dignity of citizens.‎

We have developed a political culture that pits the majority against minority groups. This goes against the Constitution’s goal of freeing people from assigned labels and being treated according to the stereotypes they have been deliberately boxed into by certain vested interests. Can the Constitution survive and balance its vision of personal freedom with the reality of identity-based politics?

Another threat to our democracy is the intellectual criticism of our Constitution, labelling it as ‎colonial and inspired by foreign or non-Indian sources which has ignored the glorious culture and traditions of the Hindu majority.

Other challenges include the persistent disregard for constitutional principles in governance and society, and ‎the frequent amendments or reinterpretations often aimed at consolidating executive power.

Education and Awareness – need of the hour

The Constitution of India is not merely a legal document but a living testament to the nation’s democratic ideals. It captures the vision of its founding fathers, who wanted democracy to thrive amidst the great diversity found in our country. However, the Constitution’s strength lies in its implementation. Citizens must actively participate in governance, uphold constitutional values. They must be aware of and oppose those who want to lower its sanctity. Creating awareness about the Constitution by educating citizens will equip them to protect their freedoms and liberty. They will then actively engage in holding the government accountable.

Promoting widespread knowledge of constitutional rights will increase participation in the democratic process and entrench respect for the rule of law. Only when people become aware about the rights and responsibilities bestowed by our Constitution can democracy remain robust and strong. This will empower every citizen who can then contribute to the sustenance and growth of our nation.