GS Paper: GS2-01.Indian Constitution-Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure of Constitution

Mentor’s Comment: UPSC mains have always focused on major issues like Constitutional Principles (2019) and Basic structure (2014 and 2019) of our Constitution.

The 2024 general elections saw a turnout of approximately 65.79%. While India’s Constitution provides for a strong framework of rights and governance, its effectiveness has been compromised by political interference and corruption. The judiciary’s ability to enforce laws impartially is often challenged by political dynamics, leading to perceptions of selective justice.

Today’s editorial highlights critical concerns regarding recent actions that may undermine the foundational principles enshrined in the Indian Constitution. It talks about the significant in the current political climate, as it addresses issues of governance, civil liberties, and the rule of law. This content can be used to reflect the Constitutional governance issues in India.

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Why in the News?

In the light of a controversial ruling by the Allahabad High Court, debates around Nationalism, Secularism, and Civil liberties are increasingly polarized, which has led to a resurgence of interest in how constitutional principles are being interpreted and applied in contemporary governance.

What are the other contemporary challenges facing the Indian Constitution?

• Rise of Hindu Nationalism: The ascent of Hindu nationalism poses a significant threat to the secular and pluralistic fabric of India. Policies such as the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), have sparked debates about their alignment with constitutional values of equality and secularism.
• Erosion of Civil Liberties: There has been rising communal violence, restrictions on freedom of speech, and attacks on media independence, which deviate from the constitutional promise of a democratic society. 
• Judicial Independence and Institutional Integrity: The independence of the judiciary is under scrutiny as there are fears that political considerations may influence judicial decisions. The weakening of institutional checks and balances threatens the foundational principle of separation of powers, which is crucial for maintaining democratic governance.
• Social and Economic Inequalities: The influence of money and muscle power in politics exacerbates persistent social and economic disparities, undermining democratic processes and leading to questions about fair representation. The non-enforceability of Directive Principles of State Policy further complicates efforts to address these disparities effectively.
• Federalism and Centralization: Initiatives like “One Nation, One Election” could undermine the autonomy of state governments, affecting local governance and representation. Critics argue that this centralization could dilute regional identities and issues.

What implications do these challenges have for India’s democratic framework?

• Erosion of Democratic Norms: As the judiciary grapples with issues like political interference and judicial overreach, there is a risk of eroding democratic norms.
  • When judicial decisions appear to align with political interests rather than constitutional principles, it undermines the public’s trust in the judiciary as an impartial arbiter of justice.
• Threat to Fundamental Rights: Challenges such as restrictions on freedom of speech and assembly can directly impact citizens’ fundamental rights. If the judiciary fails to protect these rights effectively, it may result in a chilling effect on dissent and activism, weakening the democratic fabric that relies on robust public discourse and participation.
• Judicial Independence at Risk: The increasing politicization of the judiciary threatens its independence, which is crucial for maintaining checks and balances in governance.
  • A compromised judiciary may lead to unchecked executive power, resulting in potential abuses and violations of citizens’ rights.
• Increased Polarization: The rise of identity politics and communal tensions can exacerbate societal divisions, making it difficult for the judiciary to operate effectively.
  • When legal interpretations are influenced by political ideologies or communal sentiments, it can lead to verdicts that favor one group over another, undermining the principle of equality before the law.
• Impact on Governance and Accountability: Judicial decisions that favor state actions without adequate scrutiny can diminish accountability in governance. This could enable corruption and misuse of power by public officials, further eroding public confidence in democratic institutions.

How has the judiciary responded to perceived threats against constitutional values?

• Judicial Review: The Indian judiciary exercises the power of judicial review, allowing it to examine the constitutionality of legislative and executive actions.
  • This power is enshrined in Articles 13, 32, and 226 of the Constitution, which enable the Supreme Court and High Courts to strike down laws or actions that violate fundamental rights or exceed the authority granted to the legislature or executive.
  • Minerva Mills v. Union of India (1980): This landmark judgment reaffirmed the supremacy of the Constitution over parliamentary authority, emphasizing that laws infringing on fundamental rights could be invalidated.
  • Kesavananda Bharati v. State of Kerala (1973): The Supreme Court established the “basic structure” doctrine, asserting that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.
• Protection of Fundamental Rights: The judiciary has consistently defended individual rights against state encroachments. The courts have expanded the interpretation of fundamental rights, ensuring they encompass a broader range of protections for citizens.
  • In cases like Maneka Gandhi v. Union of India (1978), the Supreme Court broadened the scope of Article 21 (right to life and personal liberty), ruling that due process must be followed in any deprivation of life or liberty.
  • The judiciary has also intervened in cases involving social justice, such as ensuring rights for marginalized communities and addressing issues like sexual harassment through interpretations aligned with international human rights standards.
• Upholding Judicial Independence: Judicial independence is seen as crucial for maintaining constitutional integrity. The judiciary has asserted its role as a guardian of the Constitution, often resisting pressures from other branches of government.
  • Justice Kurian Joseph emphasized that as long as an independent judiciary exists, there is no threat to the Constitution, highlighting the judiciary’s role in safeguarding democratic values and individual rights.

Way Forward:

• National Judicial Commission (NJC): Forming an NJC to oversee the appointment of judges can ensure transparency and accountability in judicial appointments, reducing political influence.
• Expansion of the e-Courts Project: Enhancing digital infrastructure for courts, including online case filing and AI-assisted case management, can significantly reduce delays and improve access to justice.
  • Implementing systems like FASTER (Fast and Secured Transmission of Electronic Records) for quick communication of court orders will also expedite processes.
• Promoting Legal Literacy: Increasing public awareness about legal rights and judicial processes through educational campaigns can empower citizens to engage more effectively with the legal system.

https://www.thehindu.com/opinion/op-ed/wounding-the-spirit-of-the-constitution-of-india/article68982713.ece

Mentor’s Comment:  UPSC Mains have focused on Constitutional Principles (2014 and 2019) with respect to ‘basic features’ and ‘checks and balances’.  

Before commending the Constitution’s work to the Assembly, Dr. B. R. Ambedkar said that – “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. 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.”

Today’s editorial focuses on the enduring relevance and adaptability of the Indian Constitution. This content can be used whicle inferring ‘Constitutional Background’, ‘Core Principles of the Constitution’ and ‘Balance of Power’ in your Mains Answers.

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Why in the News?

Today 26^th November, marks the 75th anniversary of the adoption by the Constituent Assembly of the draft Constitution of India. The Union government has announced that it intends to commemorate this momentous occasion with a special joint sitting of Parliament.

How does the Constitution adapt to the changing socio-political landscape of India?

• Amendability: This structure enables the Constitution to evolve without compromising its core principles, through Article 368, ensuring it remains relevant to current societal needs:
  • Simple Majority: Some provisions can be amended by a simple majority in Parliament.
  • Special Majority: Others require a special majority, which includes a two-thirds majority in both Houses.
  • Ratification by States: Certain amendments necessitate ratification by at least half of the state legislatures.
• Judicial Interpretation: The Supreme Court of India has established several landmark judgments that illustrate this adaptability with changing conditions:
  • Kesavananda Bharati Case (1973): This case introduced the “basic structure doctrine,” asserting that while Parliament can amend the Constitution, it cannot alter its fundamental framework.
  • Right to Privacy: The Supreme Court’s recognition of the right to privacy as a fundamental right under Article 21 demonstrates how judicial interpretation can expand constitutional protections in response to modern concerns.
• Balancing Rigidity and Flexibility: The hybrid nature of the Indian Constitution—combining elements of rigidity with flexibility—ensures that balance is crucial for maintaining democratic governance and protecting fundamental rights against arbitrary alterations.
• Dynamic Nature of Constitutional Principles: CJI D.Y. Chandrachud emphasized that no single generation holds a monopoly over constitutional interpretation, reflecting a continuous dialogue between generations. This dialogue allows for evolving challenges such as technological advancements and changing social norms.
• Inclusion of New Realities: The Constitution’s flexibility facilitates the inclusion of new realities and societal demands:
  • Directive Principles of State Policy (DPSP): These principles guide the state in policy-making and reflect socio-economic changes, allowing for progressive reforms in areas like social justice and economic equity.
  • Gender Equality and Rights: Recent rulings have addressed gender discrimination in religious practices, showcasing how the Constitution adapts to uphold rights against traditional norms.

What is the significance of constitutional values in promoting justice and equality in India?

• Justice: The Constitution guarantees justice through its Preamble and Fundamental Rights, ensuring that every citizen can receive fair treatment under the law.
  • For instance, the Joseph Shine v. Union of India (2018) case decriminalized adultery, reinforcing gender equality and emphasizing that both partners in a marriage should be treated equally under the law.
• Equality Before Law: Article 14 ensures that all individuals are treated equally, prohibiting discrimination.
  • The Navtej Singh Jauhar v. Union of India (2018) case is a landmark ruling that decriminalized consensual same-sex relationships by striking down Section 377 of the Indian Penal Code, thus affirming the rights of the LGBTQ+ community and promoting social equality.
• Fraternity and Social Cohesion: The value of fraternity promotes unity and respect among diverse communities. Chief Justice D.Y. Chandrachud emphasized the importance of mutual fraternity for maintaining equality in order to raise awareness about constitutional values, highlighting that dignity and respect for all citizens are foundational to national unity.
• Economic Equality: The Constitution also addresses economic disparities through Directive Principles, aiming for equal rights to livelihood and equal pay for equal work (Article 39). This framework guides government policies towards creating a more equitable society.

In what ways can citizens actively engage with and uphold constitutional ideals?

• Participating in Local Governance: The 74th Constitutional Amendment Act empowers citizens to participate in local governance through structures like ward committees. These committees allow residents to voice concerns and influence local decisions.
  • For example, Under JNNURM (Jawaharlal Nehru National Urban Renewal Mission), various states established Area Sabhas (neighborhood committees) to facilitate citizen participation in urban planning.
  • In cities like Pune, these committees have successfully engaged citizens in developing city plans, leading to improved infrastructure and services based on community needs.
• Advocating for Rights and Social Justice: Citizens can advocate for their rights by participating in legal awareness programs that educate them about their constitutional rights.
  • For example initiative like the ‘Vidhi Jagriti Abhiyaan’ focuses on educating rural populations (especially women) about their legal rights, enabling them to seek justice against violations.
• Engaging in Digital Activism: With the rise of digital media, citizens can use online platforms to raise awareness about constitutional issues and mobilize support for various causes.
  • The #MeToo movement gained significant traction on social media, where women shared their experiences of harassment and sought justice.
• Participating in Elections and Civic Duties: Active participation in elections is fundamental to democracy. Citizens should not only vote but also engage with candidates and political parties on issues that matter to them.
  • Initiatives like the Systematic Voters’ Education and Electoral Participation (SVEEP) program have successfully increased voter turnout, particularly among young voters. 

Conclusion: “Independence is no doubt a matter of joy. But let us not forget that this independence has thrown on us great responsibilities. By independence, we have lost the excuse of blaming the British for anything going wrong. If hereafter things go wrong, we will have nobody to blame except ourselves.” – Dr. Ambedkar 

https://www.thehindu.com/opinion/lead/the-constitution-still-thrives-let-it-show-india-the-way/article68909557.ece

Mentor’s Comment:  Federal issues, state-centre conflicts, or the Northeast ethnic issues have always been the focal point for UPSC Mains and Prelims.

Today’s editorial focuses on present ethnic crises and government failure in the Manipur state. It majorly talks about the implications that we can face after the application of the President’s Rule.

We can use this content for topics like – Governance failure, Federal challenges, and Ethno-religious issues in India.

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Why in the News?

The continued violence in Manipur since May 2023 shows a failure of governance, making it necessary for the President to use Article 356, even without waiting for the Governor’s report.

Why the state of Manipur reflects a classic case of failure of Constitutional machinery?

• Manipur exemplifies a failure of constitutional machinery due to the unabated violence that erupted in May 2023, which has led to significant loss of life and displacement.
  • The ongoing ethnic conflict between the Meitei and Kuki-Zo communities has resulted in over 250 deaths and the displacement of approximately 60,000 people, indicating a breakdown of law and order. 
• The President of India is empowered under Article 356 to intervene when a state’s governance cannot be maintained according to constitutional provisions, and the situation in Manipur has prompted calls for such intervention.
  • The inability of both state and central governments to restore peace and protect citizens’ rights underscores this constitutional failure.

What are the recent issues and challenges related to Manipur?

• Ethnic Violence: Continuous clashes between the Meitei and Kuki communities have resulted in significant casualties and widespread destruction.
• Displacement: More than 60,000 individuals have been displaced from their homes, living in precarious conditions in relief camps.
• Government Inaction: Reports indicate a lack of effective response from both state and central governments, leading to accusations of complicity or negligence.
• Human Rights Violations: Numerous reports highlight serious human rights abuses, including gender-based violence, extrajudicial killings, and the destruction of property.
• Political Instability: The ruling party’s inability to manage the crisis has led to calls for accountability and demands for the Chief Minister’s resignation.

The Supreme Court has issued several orders regarding the situation in Manipur:

• Initial Response: On May 8, 2023, the Court acknowledged a temporary lull in violence but emphasized the need for law and order maintenance and humanitarian relief.
• Suo Motu Action: In July 2023, following disturbing reports of sexual violence against women during the riots, the Court demanded accountability from the government for these violations and required updates on actions taken against perpetrators.
• Continued Oversight: Despite multiple hearings (27 reported), the Court’s interventions have been criticized as slow and ineffective given the ongoing violence and human rights abuses.

Way forward: 

• Restoring Law and Order: Deploy neutral central forces to ensure immediate cessation of violence, provide security to all communities, and expedite relief and rehabilitation efforts for the displaced.
• Inclusive Dialogue and Policy Reform: Facilitate dialogue among ethnic groups to address grievances, implement impartial governance measures, and establish long-term frameworks to promote harmony and equitable resource distribution.

https://www.thehindu.com/opinion/lead/the-nilgiris-as-a-shared-wilderness/article68820359.ece