75th Constitution Day of India

Syllabus: GS2/Polity and Governance

Context

• The 26th November, 2024, marked the 75th anniversary of the adoption of the Constitution of India called Constitution Day, or ‘Samvidhan Divas,’. 

About

• On November 26, 1949, the Indian Constituent Assembly formally adopted the Constitution, which came into effect on January 26, 1950, establishing India as a sovereign, democratic, republic.
• In 2015, the Government of India formally declared November 26 as Constitution Day (Samvidhan Divas) to honor the adoption of the Indian Constitution in 1949. 

Evolution of the Indian Constitution

• Constituent Assembly:
  • After India gained independence in 1947, the Constituent Assembly was formed to draft a new constitution, consisting of elected representatives from across India.
  • Dr. B.R. Ambedkar played a key role as the chairman of the drafting committee. 
  • The assembly took almost 3 years to draft the Constitution, from December 9, 1946, to November 26, 1949.
• Adoption of the Constitution (1950):
  • The Indian Constitution came into effect on January 26, 1950, marking the birth of the Republic of India. 
  • It established India as a sovereign, socialist, secular, democratic republic.
• Amendments and Evolution:
  • Since its adoption, the Constitution has been amended over 100 times, responding to the changing needs of Indian society and governance. 
  • Key amendments include:
    • The First Amendment (1951), which allowed for restrictions on certain fundamental rights.
    • The 42nd Amendment (1976), which made significant changes during the Emergency period, including the inclusion of the words “socialist” and “secular.”
    • The 73rd and 74th Amendments (1992), which introduced constitutional recognition for local self-government (Panchayats and Municipalities).
• Judicial Interpretations and Constitutional Development:
  • The Judiciary has played a crucial role in interpreting the Constitution. 
  • Landmark cases like Kesavananda Bharati (1973), Maneka Gandhi (1978), and Minerva Mills (1980) have significantly shaped the understanding of fundamental rights, the relationship between the legislature, executive, and judiciary, and the balance of powers.

Key Constitutional Values

• Sovereign: India is a sovereign nation, meaning it has full control over its internal and external affairs, without any interference from external powers.
• Democracy: India is a democratic republic, where the government is elected by the people through free and fair elections, and political power ultimately rests with the people.
• Republic: The head of state (the President) is elected, not hereditary, ensuring that political leadership is determined by merit and democratic processes.
• Secular: The Constitution ensures that all religions receive equal treatment under the law, guaranteeing freedom of religion and protection from religious discrimination.
• Social Justice: The Constitution aims to create a just society by providing for affirmative actions, reservations, and protections for marginalized groups.
• Rule of Law: Every individual, including the government, is subject to the law. This principle ensures that the legal system is fair, transparent, and consistent, providing equality before the law.
• Federalism: The Indian Constitution establishes a federal system of government with a division of powers between the central government and states, allowing both levels of government to exercise authority within their respective jurisdictions.
• Fundamental Rights: The Constitution guarantees fundamental rights to protect the dignity and liberty of individuals against any arbitrary action by the state or authorities.
• Directive Principles of State Policy (DPSP): These are guidelines for the government to establish a welfare state, focusing on social and economic justice, and promoting the general welfare of the people.
• Unity and Integrity of the Nation: The Constitution emphasizes the importance of maintaining national unity and integrity, promoting a sense of national identity and solidarity, despite the country’s vast diversity.

Challenging Features of the Constitution

• Federalism vs. Centralization: The tension between the strong central government and the autonomy of states remains a challenge, especially in areas like the distribution of resources and political power.
• Fundamental Rights vs. Directive Principles: Balancing individual freedoms (Fundamental Rights) with the social welfare goals (Directive Principles) can be difficult, as the latter are non-justiciable.
• Affirmative Action: The reservation system for Scheduled Castes, Scheduled Tribes, and Other Backward Classes is a subject of debate over merit, equality, and the perpetuation of caste-based divisions.
• Judicial Overreach: The judiciary’s role in interpreting the Constitution and striking down laws can sometimes be seen as encroaching on the powers of the legislature and executive.
• Secularism vs. Religious Identity: India’s secularism is challenged by demands for religious-based laws, especially with regard to issues like the Uniform Civil Code and personal laws of different communities.
• Fundamental Rights and National Security: Restrictions on rights in the name of national security or public order (e.g., sedition laws) raise concerns about the balance between civil liberties and state control.
• Constitutional Amendments: The “basic structure” doctrine limits amendments to the Constitution, leading to debates about what constitutes fundamental features that should not be altered.

Why Celebrate Constitution Day?

• Honoring the Constitution’s Legacy: Celebrating Constitution Day honors the sacrifices and efforts of the framers of the Constitution.
• Promoting Constitutional Values: It reinforces the importance of constitutional values like democracy, liberty, equality, and fraternity.
• Encouraging Civic Engagement: It encourages citizens to understand and appreciate their rights and responsibilities.
• Inspiring Future Generations: It inspires future generations to uphold the values enshrined in the Constitution.

Source: PIB