Why India’s Constitution Thrives After 75 Years of Scrutiny

Introduction

India’s Constitution, adopted on November 26, 1949, is one of the longest and most detailed in the world. Despite facing criticisms for being lengthy, derivative, and lacking Indianness, it has stood the test of time. This article explores how the Constitution, shaped by global ideas and Indian realities, has continued to thrive for 75 years and remains a cornerstone of India's democracy.

Criticisms of the Indian Constitution

Too Lengthy:

• The original Constitution had 395 articles and 8 schedules, making it the longest in the world.
• Critics like Seth Govind Das and Laxminarayan Sahu felt it included unnecessary details.
• Articles such as Article 287 (electricity tax for railways) and Article 184 (deputy chairman’s role in state legislatures) were seen as overly specific.

Not Original:

• Borrowed heavily from the Government of India Act, 1935 and other constitutions like those of the US, Ireland, and Japan.
• For example, Article 14 (equal protection of the laws) came from the 14th Amendment of the US Constitution, and Article 21 (procedure established by law) was inspired by Japan.

Lacking Indianness:

• Critics like K Hanumanthaiya believed it lacked cultural roots, calling it the “music of an English band” instead of veena or sitar.

Why the Constitution Thrives

Adaptation of Global Wisdom:

• B R Ambedkar defended borrowing global ideas, emphasizing, “Let noble thoughts come to us from every side” (Rig Veda).
• Provisions like reservations in jobs and education, and exceptions to free speech, reflect uniquely Indian needs.

Focus on Constitutional Morality:

• Ambedkar highlighted the lack of constitutional morality in India, which required embedding democratic principles into the Constitution.
• He believed that over time, banal details could be removed as India internalized constitutionalism.

Flexibility and Evolution:

• India’s Constitution has evolved through amendments, enabling it to address changing socio-economic realities.
• For instance, the framers deliberately avoided “due process of law” to prevent courts from blocking social welfare initiatives.

The Role of Leadership in Preserving the Constitution

Ambedkar rightly pointed out that the success of a Constitution depends on the people who implement it:

• “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.”
• Successive generations have upheld and nurtured the Constitution, ensuring its relevance in modern times.

Lessons from History

The resilience of the Indian Constitution echoes Benjamin Franklin’s famous words, “A republic – if you can keep it.” The framers entrusted the people of India with the responsibility to preserve and uphold the Constitution, a challenge that continues to this day.

Conclusion

India’s Constitution remains a living document, thriving despite criticisms and scrutiny. It embodies a blend of global inspiration and Indian specificity, providing a framework for governance and justice. As we celebrate 75 years of this remarkable document, it is our collective duty to safeguard its principles and ensure its legacy endures.

By : team atharvaexamwise