On November 26, 2024, India celebrated the 75th anniversary of the adoption of its Constitution.
Background of the Indian Constitution:
- Cabinet Mission Plan, 1946: Proposed a Constituent Assembly with representatives from Congress, the Muslim League, and princely states.
Facts about Constituent Assembly:
- First session: December 9, 1946 for united india having 392 members.
- Chaired by Rajendra Prasad, with Dr. B. R. Ambedkar heading the Drafting Committee.
- Draft completed in 1949 with 243 articles and 13 schedules for divided constituent assembly with 299 members.
- Experts like B.N. Rau (constitutional advisor) and S. N. Mukherjee (chief draftsman) provided critical assistance.
Framework of the Indian Constitution:
- Parliamentary System: Aligns with India’s traditions and ensures collective responsibility.
- Federal Structure: Balances central and state powers, granting greater authority to the Union.
- Comprehensive Design: Details roles for the legislature, executive, and judiciary.
- Fundamental Rights and Directive Principles:
- Fundamental Rights safeguard individual freedoms.
- Directive Principles of State Policy (DPSPs) aim for socio-economic justice.
Key Achievements of India’s Constitution in 75 Years:
Democratic Foundation:
- Established a sovereign, socialist, secular, and democratic republic.
- Ensures checks and balances among the executive, legislature, and judiciary.
Protection of Rights:
- Guarantees Fundamental Rights, promoting equality and social justice.
- Enabled landmark judgments like Kesavananda Bharati (1973) upholding the Basic Structure Doctrine.
Social Transformation:
- Facilitated affirmative action, including reservation policies for marginalized communities.
- Empowered women with 33% reservation in local bodies and recent legislation for Lok Sabha and Vidhan Sabhas.
Economic Reforms:
- Enabled LPG (Liberalization, Privatization, Globalization) reforms under a constitutional framework.
- Encouraged policies balancing development with constitutional principles.
Civic Responsibility:
- Strengthened civic literacy and responsibilities through movements like Digital India and environmental safeguards.
Maintaining Independent Institutions:
- Maintained the autonomy of bodies like the Supreme Court, Election Commission, and CAG.
Challenges to Constitutional Values:
Decline in Press Freedom:
- Ranked 159th in World Press Freedom Index 2024.
- Increasing censorship and intimidation of dissent.
Erosion of Individual Rights:
- Alleged misuse of laws like UAPA and sedition laws.
- Cases such as Stan Swamy and Umar Khalid highlight rights violations.
Weakened Parliamentary Debates:
- Decline in debates and discussions; 2023 Budget passed without discussion.
Criminalization and Corruption in Politics:
- Over 46% of MPs in 2024 Lok Sabha have criminal cases.
Weakened & not adequately represented judiciary:
- More than 40 million cases/litigations pending in various courts & only 10% judges are women similar figures for dalits and minorities.