Safeguarding India’s Constitutional Values: Challenges and the Way Forward

In classrooms, mosques, town squares, and digital platforms, we must spark discussions about our rights, duties, and the kind of India we want to create. Each act of voting, protesting, or speaking truth to power reinforces the living essence of our Constitution. As we navigate the challenges of 2025 – communal polarisation, institutional stress, and…

Written by

Dr. M. Iqbal Siddiqui

Published on

April 29, 2025

A Living Document at a Crossroads: “However good a constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot.” These visionary words of Dr. B.R. Ambedkar underscore the fragile yet enduring nature of India’s Constitution. On November 26, 1949, Dr. Ambedkar presented to the nation a vision of justice, liberty, equality, and fraternity through the Indian Constitution– a living document crafted to guide a diverse, newly independent republic. Today, over 75 years later, this moral compass continues to shape India’s identity as a pluralistic democracy. Yet, as we enter 2025, these values face unprecedented strain from multiple directions. Political polarisation, institutional erosion, growing social inequalities, and digital misinformation threaten the foundational ethos of the republic.

 

Core Constitutional Values: Foundations of the Republic

At the heart of India’s democratic experiment lie four constitutional values that not only guide governance but also shape social harmony:

Democracy: Guaranteed through Articles 19 and 21, democracy in India is predicated on free and fair elections, freedom of expression, and participatory governance. These elements empower citizens to shape the trajectory of their nation.

Secularism: Declared in the Preamble, secularism mandates the religious neutrality of the state and ensures equal rights to all religious communities. For minorities,especially Muslims, it safeguards religious freedom and cultural identity.

Rule of Law: Anchored in the independence of the judiciary and accountability of all institutions, the rule of law ensures that justice is neither arbitrary nor delayed. It builds trust between citizens and the state.

Social Justice: Through Articles 15, 16, and others, the Constitution mandates affirmative action and equality, addressing historical and systemic disadvantages faced by Dalits, women, religious minorities, and economically backward classes.These values are more than legal doctrines; they are mechanisms for ensuring equity and fraternity in a deeply diverse society.

 

Present-Day Threats to Constitutional Values

In 2025, the resilience of India’s constitutional values is being tested on multiple fronts:

Political Polarisation: Rising communal rhetoricand identity-based politics have deepened societal divides. Muslims and Dalits have been particularly targeted in hate campaigns, especially online. Recent incidents in Uttar Pradesh, Rajasthan, and Maharashtra demonstrate how misinformation on social media can quickly spiral into violence, undermining the secular fabric of the nation.

Institutional Erosion: Concerns about judicial independence and the weakening of statutory bodies like the Election Commission have raised alarm. The backlog of over 50 million court cases, controversial rulings, and politically influenced appointments are undermining trust in judicial impartiality. Misuse of laws like UAPA and sedition (now replaced by Anti-Terrorism Bill, National Security Act Amendments and Hate Speech Law – new provisions addressing hate speech) to stifle dissent has led to arrests of journalists, students, and activists, as highlighted in the 2024 V-Dem Institute report.

Social Inequalities: Despite constitutional safeguards, caste discrimination, gender inequity, and economic exclusion remain entrenched. The Sachar Committee Report (2006) highlighted that Muslims, while constituting 13.4% of India’s population, represented only 4.3% of government jobs and 2.2% of positions in higher education. This trend persists with 2023 data showing that nearly 50% of Muslims remain below the poverty line, facing significant barriers to education and employment. Concurrently, the spread of hate speech and misinformation on social media has intensified communal conflicts, exemplified by the 2024 Maharashtra riots, where viral fake news incited violence, resulting in numerous casualties. Women face systemic barriers in the workforce, while Dalits continue to suffer violence and exclusion.

Digital Threats to Liberty:The spread of hate speech and misinformation on social media is intensifying communal conflicts. Advanced cyber-surveillance, AI-driven profiling, and data breaches pose significant threats to privacy and free expression. Individuals can face penalties for merely liking certain posts, with some labelled as “anti-national” based on selective profiling. Criticising government policies or ruling party politicians online may lead to account suspensions or severe repercussions, including unfounded legal charges. It’s not uncommon to receive notices from local authorities claiming that your home was built illegally, or to find your house demolished without prior warning. Over 1,000 arrests for online dissent were recorded last year, highlighting the risks associated with expressing dissenting opinions.

Undermining RTI Act: The Digital Personal Data Protection (DPDP) Act has weakened the Right to Information (RTI) Act by prioritising data privacy over transparency. With broader exemptions for personal data, government bodies may use privacy claims to deny RTI requests, restricting citizens’ ability to hold the government accountable. This creates an environment where essential information about public administration can be withheld, eroding the RTI Act’s fundamental purpose of ensuring transparency.

Erosion of Protest Rights:Mass movements like the anti-CAA protests (2019-2020) and the farmers’ protests (2020-2021) demonstrated the determination of citizens to uphold constitutional principles. However, state responses – such as internet shutdowns, arrests, and the vilification of protesters – highlight a shrinking democratic space. Public protests have become increasingly restricted; designated areas for demonstration in cities are often far removed from public view, and media coverage of these gatherings tends to be selective.

Tragedy Twisted to Undermine Constitutional Freedoms:The April 22 Pahalgam terror attack, which claimed 26 lives, should have united the nation in grief and resolve. Instead, BJP MP Nishikant Dubey exploited the tragedy to call for the repeal of Articles 26 to 29 – key constitutional protections for religious and cultural freedoms. His claim that these rights make Hindus “second-class citizens” is not only baseless but dangerously inflammatory, stoking communal tensions at a time when unity is paramount. While the BJP officially distanced itself, its support for VHP-led protests in Jammu exposes a duplicitous stance. Undermining minority rights in the wake of terror is not just cynical – it’s a direct assault on India’s secular and democratic foundations.

 

A Roadmap to Reclaiming the Constitutional Spirit

Protecting India’s constitutional values necessitates a multi-pronged approach:

Strengthening Institutions: Reforms must fortify judicial and electoral autonomy. Transparent mechanisms for judicial appointments, reducing case backlogs via mediation and tribunal reforms, and insulating the Election Commission from executive pressure are urgent needs. Draconian laws like UAPA must be re-examined to prevent misuse.

Civic Education: Integrating constitutional literacy in school curricula and community education will empower citizens. Programmes by civil society organisations and constitutional literacy campaigns in rural and urban areas can foster informed participation.

Responsible Media and Digital Regulation: Journalistic freedom must be protected through legal reforms and journalist safety protocols. Simultaneously, digital platforms should be held accountable through a rights-based regulatory framework. Citizen-led fact-checking bodies like Alt News can play a crucial role in combating misinformation.

Reclaiming Transparency and Accountability: To reclaim the constitutional spirit of the RTI Act, it is vital to amend the DPDP Act to uphold the principles of transparency and accountability. Clear provisions should ensure that the RTI Act takes precedence over the DPDP Act in matters of public interest. Additionally, guidelines must define the balance between personal data protection and the right to information. Public awareness campaigns and training for officials can further promote a culture of transparency, empowering citizens to assert their rights and reinforcing democratic values.

Inclusive Development Policies: Government schemes must prioritise the socio-economically marginalised. The implementation of the NEP 2020 must ensure minority access to quality education. Policies like Vishwakarma Yojana should incorporate community-specific outreach to ensure inclusion of Muslims, Dalits, and other marginalised groups.

Fostering Civic Engagement: Grassroots initiatives – interfaith dialogues, legal awareness drives, and peaceful protests – must be encouraged. Places of worship, temples, madrasas, and community halls can become centres of constitutional discourse. Youth participation, both online and offline, can infuse vitality into democratic processes.

 

A Collective Mandate: Reaffirming Our Commitment

The Essence of India’s Constitutional Journey: India’s constitutional journey is a collective endeavour that transcends religious, caste, and regional divides. For Indian Muslims and other marginalised communities, asserting rights through peaceful legal means strengthens their position and enriches the nation’s democratic fabric. The Constitution serves as a moral framework, encouraging all Indians to engage compassionately with diversity and emphasising equality under the law.

Landmark Moments of Collective Resolve: Significant events like the Shaheen Bagh and farmer protests demonstrate the power of collective action. As Dr. Ambedkar pointed out, the strength of the Constitution relies on its citizens’ commitment. Every day, people from the women of Shaheen Bagh to the farmers marching to Delhi, have shown unwavering dedication to constitutional ideals.

Engaging in Dialogue for a Better Future: In classrooms, mosques, town squares, and digital platforms, we must spark discussions about our rights, duties, and the kind of India we want to create. Each act of voting, protesting, or speaking truth to power reinforces the living essence of our Constitution. As we navigate the challenges of 2025 – communal polarisation, institutional stress, and social inequalities – the resilience of India’s people can lead us toward justice and equality.

Safeguarding Constitutional Values: To preserve these values, we must fortify institutions, advance civic education, promote ethical media practices, implement inclusive policies, and encourage active citizen participation. The judiciary, as demonstrated by recent landmark rulings, must remain a steadfast protector of freedoms. Ultimately, a constitution’s strength lies not only in its principles but also in the collective dedication of citizens to champion its ideals.

Reflecting on Our Role: As we reflect on our individual and collective roles, we should ask ourselves how we can contribute to protecting India’s constitutional values. The answers lie in our conscious actions and collective efforts, reigniting our dedication to the democratic principles that shaped this republic. In reaffirming our constitutional commitment, we can together ensure that India remains a vibrant beacon of democracy, diversity, and dignity for generations to come.

[The writer is Assistant Secretary, Jamaat-e-Islami Hind]