Context: The Indian constitution is unique in its ‘content’ and ‘spirit’. The Prime Minister Narendra Modi has described the Indian Constitution as an 'open and futuristic' document that is youth-centric and has a modern vision. The arguments given below attempt to answer the ‘Indianness’ or the ‘uniqueness’ of the Indian constitution.
Relevance of the topic:
Prelims: MCQs based on constitutional features.
Mains: Analytical question scope based on uniqueness of Indian constitution.
How were various western constitutional elements rearranged and modified to suit Indian context?
- Secularism: The secularism of India is a bit different from the western conception of divorce between state and religion.
- Indian secularism is more of the “principled distance” drawn from the Indian ancient tradition of “Sarva Dharma Sambhava” that balances the uniqueness of Indian religious society and western polity ideals simultaneously.
- Notable related judgements include, Sabarimala Case judgement, Shirur Mutt Case 1954.
- Socialist feature: Unlike the Western conception of Socialism i.e., more tinged towards the concept of Communist ideology, the Indian version is slightly different.
- The version in the Indian constitution is more tinged towards the 'Karuna’ or the compassion towards the downtrodden.
- Socialism in India is not only restrained to economic aspects, but extends to the social realm too. Ban on untouchability and caste system's rejection are based upon the active compassion promoted by the socio-religious reforms in India in 19th Century.
- Federalism: The federalism concept in India is more tinged towards the “union of states”, acknowledging the diverse culture of each state. Hence, crafting the “state-nation” rather than European style “nation-state” reflecting the old tradition of deep respect for cultural and social diversity making the Indian constitution unique in itself. Notable judgements related to federalism S.R. Bommai Case (1994).
How are traditions, philosophies and movements of India reflected in various constitutional provisions?
- Philosophical underpinning of Indian Constitution:
- Dharma and Rule of law being part of the concept of rights, duties and justice. Example: Article 14 ensuring Equality before law ensures Dharma.
- Sarvodaya through Antyodaya as the concept of Social justice by Gandhi is reflected in Directive Principles of State Policy (DPSP).
- Ahimsa and Vasudheva Kutumbakam are reflected under Article 51 by ensuring peaceful and cooperative international relations.
- Traditions and Cultural Heritage:
- Unity in diversity under Article 25-28 ensuring religious freedom and Article 29-30 ensuring linguistic and cultural rights of minorities.
- Tolerance and Secularism as ensured by Preamble.
- Influences of Socio-political movements:
- Social reform movements under RajaRam Mohan Roy, Mahatma Phule, and B.R. Ambedkar shaped the constitutional ideals. Example Article 17 restricting untouchability.
- Freedom movements promoting democratic ideals being reflected in Article 326 as Universal Adult Suffrage.
- Gandhian movement promoting Swaraj and decentralisation of power reflected in Article 40 and 73rd Constitutional Amendment Act actualising Panchayati Raj dream.
- Workers’ and peasant movements advocating labour rights are reflected in Article 39 ensuring equal pay and Article 43 promoting living wages for workers.
Conclusion: The author concludes the article with an example of ‘bread pakora’ , where an alien white bread is turned into an authentic Indian dish. In the similar fashion the Constitution of India is the testament of Indian genius that transformed the various western conceptions of polity, law and society to a pleasant version that suits India.