On the seventy-fifth anniversary of our independence and on the eve of the seventy-third anniversary of our republic, perhaps it is time to ask if our Constitution is working as intended. As the Preamble and the Directive Principles indicate, our Constitution is a social document. The Directive Principles promise ‘a social order in which justice, social, economic and political, shall inform all the institutions of the national life’, but India is one of the most corrupt, inequitable countries in the world. The Directive Principles promise ‘that citizens . . . have the right to an adequate means of livelihood’, but India has one of the largest numbers of hungry people in the world. The Directive Principles promise ‘equal pay for equal work for both men and women’, but Indian women earn less than Indian men and the former’s participation in the workforce is falling. The Directive Principles promise to ‘protect and improve the environment and to safeguard the forests and wild life of the country’, but India’s forest cover has been declining since Independence. Therefore, in regard to providing a better life to Indians, the Constitution’s potential seemingly remains largely untapped.
What are the plausible reasons for this phenomenon? First, I argue it is a lack of knowledge. While conducting research for this essay, I was unable to find a survey online about Indians’ knowledge of the Constitution; however, I believe the outcomes of such a survey are unlikely to be promising. Until recently, my own knowledge of the Constitution was limited to learning in school about the name of its chief draughtsman, the Preamble, the prime and chief ministers, the president, the houses of government, and the supreme and High Courts. If this is the state of affairs in an expensive private school, that in a public school can well be imagined. Further, bureaucrats, who are unelected and unaccountable to the people, are required to be highly educated both generally and about the Constitution, whereas politicians, who are both elected and accountable to the people, face no such requirements. Even an illiterate person could run for the highest office in the land!
The second problem is a lack of availability. India is home to thousands of dialects. Unless the Constitution reaches the people who use these dialects, its implementation will continue to be unfinished. Recently, Sripati Tudu translated the Constitution into Santali; this was laudable, but only the government can make the Constitution available to all.
The third problem is a lack of constitutional will. Bureaucrats and politicians generally interpret or analyse the prolix subject matter of the Constitution among themselves – or bypass it entirely. Meanwhile, the people largely fail to take these bureaucrats and politicians to task. The poor are rightly more concerned with putting food on the table, and the privileged prefer to use their wealth to insulate themselves from India’s urgent problems. The aura of fear and unapproachability politicians create around themselves makes people even more reluctant to hold them to the high standards of public office. Without civic education, civic engagement will remain inadequate.
What are the major provisions of the Constitution which even a common citizen can use it to fight for people’s rights? First, the most important part of the Constitution is Part III, which pertains to the Fundamental Rights. These are the right to equality, freedom, exploitation, religion, education, and constitutional remedies. These rights are justiciable, meaning the common citizen can approach the courts to enforce them. Then, there is the right to information. Although not a fundamental right, it is justiciable and supported by Articles 19 (‘Protection of certain rights regarding freedom of speech’) and 21 (‘Protection of life and personal liberty’). Anyone can approach the government to obtain information by filling in a form and paying a nominal fee.
Second, Indians have the right to approach the Supreme Court. Any citizen can directly approach the highest court in the land to enforce their rights, and the government can empower a lower court to enforce these rights as well.
Third, any Indian can stand for public office under Article 19(g) (‘right to practise any profession, or to carry on any occupation, trade or business’). Additionally, under Article 325, no citizen can be denied the right to vote, and under Article 326, any Indian can vote for their preferred public office representative. Indians have the right to change the government through elections.
Unless we are aware of the rights the Constitution gives us, we cannot make others aware of them and neither can we hold those in power accountable for enforcing them. I suggest the following ways we can achieve this.
First, read the Constitution and related documents: the Constitution’s language is complex, but the internet provides numerous guides to make reading it easier. It is also imperative to read the Constituent Assembly Debates and The Framing of India’s Constitution by B. Shiva Rao. Both provide deep insights into the minds of the founding fathers and their reasoning behind the Constitution’s provisions.
Second, read important court judgements: India has witnessed legendary court judgments (e.g. Kesavananda Bharati v. State of Kerala; State of Madras v. Champakam Dorairajan). We should read them to understand how judges interpret the Constitution and how such judgements affect the lives of ordinary citizens.
Third, keep track of constitutional amendment bills in Parliament and the state assemblies: constitutional amendments have had enormous repercussions for the nation (e.g. the First Amendment and the Forty-Second Amendment). Reading about these amendments and tracking amendment bills can teach us how the legislative and executive branches of the government view the Constitution.
Fourth, follow High and Supreme Court cases: High and Supreme Court cases often deal with matters of constitutional importance. Websites like LiveLaw and Bar and Bench provide constant updates on them along with transcripts of arguments.
Fifth, spread the word: the battle will not be won unless every Indian is familiar with the Constitution and treats it with the reverence it deserves!