THE CONTEXT: Dr. B.R. Ambedkar, the principal draftsman of the Constitution, delivered a profound speech on November 25, 1949, highlighting the challenges and responsibilities of implementing the Constitution. His warnings about the interplay between political equality, social-economic inequality, and the absence of fraternity remain relevant today.
AMBEDKAR’S KEY OBSERVATIONS AND WARNINGS:
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- Ambedkar emphasized that a constitution’s success depends on its implementers: “A good Constitution can turn bad if worked by a bad lot, and vice versa.”
- He stressed that political parties and citizens must uphold constitutional values to ensure proper functioning.
CONTRADICTIONS BETWEEN POLITICAL AND SOCIAL REALITIES:
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- On January 26, 1950, India entered a “life of contradictions,” where political equality (one person, one vote) coexisted with social and economic inequality.
- The persistence of caste hierarchies and economic disparities undermined the principle of “one man, one value.”
THE ABSENCE OF FRATERNITY:
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- Ambedkar identified fraternity as essential for national unity: “Fraternity means a sense of common brotherhood among all Indians.”
- He criticized caste divisions as anti-national and called for their eradication to achieve true nationhood.
THE UNION OF LIBERTY, EQUALITY, AND FRATERNITY:
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- These principles are interdependent: liberty without equality leads to domination by a few, equality without liberty stifles individual initiative, and both are unsustainable without fraternity.
ADHERENCE TO CONSTITUTIONAL METHODS:
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- Ambedkar warned against unconstitutional methods like revolution or civil disobedience, terming them “the grammar of anarchy.”
- He urged reliance on constitutional processes to achieve social and economic objectives.
PROGRESS SINCE 1950:
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- Advances in Equality: Abolishing untouchability and affirmative action programs (reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) have promoted social mobility. However, caste-based inequalities persist, as evidenced by ongoing demands for caste censuses and expanded reservations.
- Fraternity “A Work in Progress”: While national unity has strengthened (e.g., during events like the Kargil War or cricket matches), caste, creed, region, and language still divide Indian society. Reservations have paradoxically entrenched caste identities in public discourse instead of eradicating them.
- Institutional Integrity: Despite challenges such as pressures on the judiciary and diminishing parliamentary debates, India’s Constitution has endured through 106 amendments. Concerns about democratic backsliding (e.g., V-Dem labeling it an “electoral autocracy”) highlight the need for vigilance in safeguarding democratic institutions.
AMBEDKAR’S VISION VS. CURRENT REALITIES:
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- Reservations and Fraternity: Ambedkar envisioned reservations as temporary measures to uplift marginalized communities and ultimately annihilate caste. The extension of reservations to OBCs has been criticized for politicizing caste identities rather than fostering fraternity.
- Economic Inequality: Despite economic growth, wealth disparity remains stark. Social justice measures must address these inequalities to fulfill Ambedkar’s vision of “one man, one value”.
- Democratic Responsibilities: Ambedkar reminded Indians that independence brought responsibility: “If things go wrong, we will have nobody to blame except ourselves.” Citizens and leaders must actively work to reduce societal evils that threaten democracy.
LANDMARK JUDGEMENTS SHAPED INDIAN CONSTITUTION:
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- Kesavananda Bharati v. State of Kerala (1973): The Supreme Court ruled that while Parliament has wide powers to amend the Constitution, it cannot alter or destroy its “basic structure.” This judgment safeguards fundamental features such as democracy, secularism, and judicial independence from arbitrary amendments.
- Maneka Gandhi v. Union of India (1978): The Court ruled that any law restricting personal liberty must be “just, fair, and reasonable.” It established the “Golden Triangle” of Articles 14 (Equality), 19 (Freedom), and 21 (Life and Liberty), ensuring their interconnectedness.
- Minerva Mills v. Union of India (1980): The Court struck down parts of the 42nd Amendment that gave Parliament unlimited amending power, reinforcing that judicial review and balance between Fundamental Rights and Directive Principles are part of the Constitution’s basic structure.
- R. Bommai v. Union of India (1994): The Court laid down guidelines for imposing the President’s Rule under Article 356, curbing its misuse, and ensuring judicial review over such proclamations.
- Vishaka v. State of Rajasthan (1997): The Court issued guidelines to prevent sexual harassment at workplaces without specific legislation, invoking international conventions on gender equality.
- Shreya Singhal v. Union of India (2015): The Court struck down Section 66A of the IT Act as unconstitutional for violating free speech under Article 19(1)(a), emphasizing protection against arbitrary restrictions on online expression.
- Justice K.S. Puttaswamy v. Union of India (2017): The Court ruled that privacy is intrinsic to life and liberty under Article 21, overturning earlier judgments like ADM Jabalpur v. Shivkant Shukla. It has implications for data protection and surveillance laws.
- Navtej Singh Johar v. Union of India (2018): The Court struck down parts of Section 377 IPC as unconstitutional, affirming equality, dignity, and privacy for LGBTQ+ individuals under Articles 14, 15, and 21.
THE WAY FORWARD:
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- Strengthening Social and Economic Equality: While reservations have uplifted many, they risk perpetuating caste identities. A shift toward economic criteria (e.g., EWS quota under the 103rd Amendment) can complement existing caste-based measures without undermining social justice goals.
- Promoting Fraternity and National Unity: Fraternity cannot be legislated but must be cultivated through sustained efforts in education, community-building, and leadership. The Supreme Court in Nandini Sundar v. State of Chhattisgarh highlighted fraternity as a constitutional goal that ensures dignity and unity. Incorporate lessons on social harmony and anti-discrimination in curricula, inspired by programs like National Integration Camps.
- Strengthening Democratic Institutions: Introduce state funding of elections to reduce corruption and ensure fair representation, as the Law Commission’s Report (2015) suggested. Institutional decay undermines public trust, and strengthening democratic processes ensures that constitutional ideals are upheld effectively.
- Bridging Educational Disparities: Expand access to quality education through initiatives like Samagra Shiksha Abhiyan and digital education platforms under the Digital India mission. Kerala’s focus on universal literacy and public education has significantly reduced social inequalities over decades.
THE CONCLUSION:
Address entrenched inequalities to strengthen social democracy. Promote fraternity through education and policies that bridge divides. Uphold constitutional methods to achieve justice while preserving democratic values. The Constitution remains a guiding light for India’s journey toward liberty, equality, and fraternity.
UPSC PAST YEAR QUESTION:
Q. ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. 2021
MAINS PRACTICE QUESTION:
Q. “The Indian Constitution’s adaptability through judicial interpretation and amendments has been crucial in maintaining its relevance.” Discuss
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