Date : 28/08/2023

Relevance: GS Paper 2 - Polity - Constitution

Keywords: Constitution integrity, Equality, Justice, Governance

Context-:

• Dr. B.R. Ambedkar's insightful words underscore the crucial role individuals play in the functioning of a constitution. As India's democracy matures, the question arises: Are we working on the Constitution, safeguarding its principles, or inadvertently undermining its core values?
• An analysis of how India has navigated its constitutional journey, recent challenges, and the need for vigilant governance is imperative to ensure the Constitution's integrity.

The Power of Constitutional Governance:

• Contrasting constitutional democracies worldwide reveals the unique dynamics of India's governance. While Britain operates successfully without a written constitution, countries like Denmark, Sweden, and Switzerland exemplify the prowess of a written constitution.
• India, with its meticulously crafted Constitution, epitomizes a nation striving to strike the balance between democracy and governance.

Historical Milestones:

• Dr. B.R. Ambedkar and the Constituent Assembly's dedicated efforts culminated in India's comprehensive Constitution, a product of two years, eleven months, and seventeen days of deliberation.
• The Constituent Assembly debates exemplify democratic deliberation, dissent, and decision-making at its finest.

Constitutional values as an important tool for resolving the conflict:

• Constitutional values like Equality, Equity, Justice, and fairness can act as a tool for ethical Guidance. Constitutional values always promote the value of citizen welfare and the development of an inclusive society. So whenever there is a conflict between personal ethics and professional ethics, Constitutional values should be taken into consideration to solve the ethical dilemma regarding these conflicting values.
• Constitutional values can act as a tool for resolving the conflict between these ethical values and promoting the welfare of citizens.

Navigating Challenges:

• India's constitutional journey faced challenges but demonstrated resilience. Parliament amended the Constitution 105 times, addressing shortcomings and ensuring its relevance.
• The landmark challenge of the Emergency tested the Constitution's foundations. While covert challenges emerged, the Supreme Court, despite instances of stumbling, exhibited humility in acknowledging errors and upholding democratic principles.

Recent Covert Challenges:

Several recent events raise concerns about potential covert assaults on the Constitution:

• Jammu & Kashmir Reorganization: The reorganization of Jammu & Kashmir in 2019 and the conversion of the state into Union Territories raised questions about constitutional propriety and democratic consultation.
• Union Territory of Delhi (GNCTD): Attempts to curtail the powers of the Union Territory of Delhi twice were thwarted by the Supreme Court, underscoring the judiciary's role in upholding constitutional checks and balances.
• Election Commission's Autonomy: Modifications to the process of selecting election commissioners questioned the Election Commission's non-partisan character, potentially impacting the sanctity of democratic elections.
• Executive Interference: Instances of Governors delaying decisions on state legislation and nominations challenge constitutional norms, potentially impeding governance and democratic representation.
• Manipur's Crisis: The de facto division of Manipur, with territorial constraints and political disruptions, raises concerns about constitutional integrity and governance breakdowns.

Upholding Constitutional Values:

Several recent events show upholding constitutional values.

• The Haryana Crisis Case: Demonstration by Punjab and Haryana High Court, is a testament to their pivotal role in upholding constitutional values.This enables High Courts to not only protect fundamental rights but also champion ordinary legal rights, thus providing a comprehensive safeguard against injustice.
• Naz Foundation case: The Supreme Court stated that constitutional morality, rather than public morality, should prevail. This distinction highlights the importance of aligning legal and social norms with constitutional principles.
• In the Supreme Court’s verdict on the Sabarimala temple case, constitutional morality prevailed by reinstating religious freedom, gender equality, and the right of women to worship as guaranteed under Articles 14, 21, and 25 of the Constitution.
• The Puttaswamy judgment of 2017 reaffirmed the ‘Right to Privacy as a fundamental right in Indian Jurisprudence. Since then, it has been used as an important precedent in many cases, to emphasize the right to privacy as a fundamental right and to clarify the scope of the same.
• In the Navtej Singh Johar v. Union of India case, the Supreme Court of India unanimously held that Section 377 of the Indian Penal Code 1860 (IPC), which criminalized ‘carnal intercourse against the order of nature, was unconstitutional in so far as it criminalized consensual sexual conduct between adults of the same sex.

The Constitution's integrity hinges on conscious efforts to uphold its values. Dr. Ambedkar's cautionary words resonate:

"However good a Constitution may be, it is sure to turn out to be bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of the Constitution does not depend wholly upon the nature of the Constitution."

Significance of Constitutional values

• Constitutional values hold immense significance for the functioning of a democratic society due to several crucial reasons:
• Protection of Citizens' Rights:It safeguards the rights and freedoms of citizens by ensuring that the government adheres to the principles of democracy, justice, liberty, and equality as enshrined in the constitution.
• Promotion of Democratic Ideals: It upholds the integrity of democratic institutions by anchoring the government's actions within the framework of the people's will and constitutional principles.
• Facilitating Positive Societal Change: Constitutional morality enables the interpretation of outdated laws in line with contemporary values, thereby fostering positive transformation in society.
• Fostering Inclusivity: By recognizing and safeguarding the rights of all citizens regardless of their background, it nurtures social cohesion and respect for diversity.

Challenges in upholding Constitutional values in India

However, there are certain challenges in the realm of constitutional values in India:

• Lack of Clarity: The concept's ambiguity permits varied interpretations, potentially undermining predictability and the rule of law.
• Judicial Overreach Concerns: If unchecked, the overapplication of constitutional morality might encroach on the separation of powers between branches of government.
• Subjectivity Issues: The subjective nature of constitutional morality might lead to differing justifications based on the perspective of those interpreting it.
• Legitimacy Question: Some argue that constitutional morality lacks popular consent and is imposed on society, potentially conflicting with public morality.
• Selective Application: Instances of selective application to specific groups or issues can undermine impartiality and the rule of law.

Steps Towards Effective Realization of Constitutional values

To ensure the effective realization of constitutional values, certain steps can be considered:

• Comprehensive Definition: A clear and comprehensive definition of 'constitutional values' can establish a standard framework, especially in cases where individual rights clash with cultural or religious practices.
• Objective Standards: The development of objective standards, akin to the 'Basic Structure Doctrine,' can enhance the principle's robustness.
• Balanced Implementation: Constitutional morality must be applied consistently with constitutional principles, tailored to the context of each situation.
• Active Citizenship: Encouraging citizens to actively engage in politics and hold elected representatives accountable can fortify constitutional values.
• Strengthen Oversight Institutions: Independent and robust institutions, such as the judiciary and the press, play a pivotal role in upholding constitutional values.

Conclusion:

The question of whether we are working on the Constitution or inadvertently wrecking it is a reflection of our commitment to constitutional values. As India continues its democratic journey, safeguarding the Constitution's principles demands vigilance, accountability, and a collective effort to ensure that those who govern align with the Constitution's spirit. Upholding these values ensures that the Constitution remains a beacon of democracy and progress, as envisaged by the visionary architects of India's constitutional democracy.

Source-The Indian Express