
Constitutional values and the politics of intolerance
Public figures openly advocate Hindu nation, moot economic boycott of Muslims; active civil society led by informed youth is essential to protect Constitution
When India adopted the Constitution 75 years ago, its philosophical aim was to achieve national unity, protect integrity, establish democratic institutions, foster equality, and improve the lives of citizens through social reforms. However, there is no consensus on how far these objectives have been achieved. While the Constitution may have been drafted excellently, its benefits are realised only when it is implemented effectively.
Dr BR Ambedkar, in his speech to the Constituent Assembly on November 25, 1949, remarked, “However good a Constitution may be, it can prove ineffective if those implementing it are incompetent. Conversely, even a poor Constitution can work well under competent leadership.” His warnings about public movements, national identity, blind devotion to leaders, social inequality, and the limitations of democracy remain more relevant today than in the 1940s. Ambedkar’s concerns about the Constitution’s future have proved justified, given instances where anti-people laws have curtailed civil liberties and human rights.
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Ease of amendment
India’s Constitution, compared to others worldwide, allows for relatively straightforward amendments. For instance, while countries like the USA, Canada, Australia, and South Africa adhered to their Constituent Assembly’s original drafts, the Indian Constitution had 2,473 amendments by the time it was finalised—a testament to the diligence of the drafting committee.
Ambedkar, quoting former US President Thomas Jefferson, emphasised that no generation should impose laws on the next, advocating for an adaptable Constitution. However, the ease of amendment has often been misused.
Ambedkar also expressed concerns over internal divisions like caste and the prioritisation of communal beliefs over national interests. He was apprehensive that “India’s unique devotion and hero-worship of leaders in politics could degrade governance to authoritarianism.” Despite his aspiration for a political democracy that upholds liberty, equality, and fraternity, recent developments raise questions about the future of Indian democracy.
Violations galore
Even 75 years after the Constitution’s adoption, the values of democracy seem underdeveloped in Indian society, with economic and social inequalities persisting. Extending reservations intended for socially and educationally backward groups to communities already benefiting disproportionately from public resources undermines the Constitution’s core objectives. Political parties, including Opposition groups, have colluded in actions that compromise constitutional principles.
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The abrogation of Jammu and Kashmir’s special status and demolition of homes and mosques in states like Uttar Pradesh, Madhya Pradesh, and Gujarat—even in defiance of Supreme Court orders—highlight violation of constitutional principles.
Mainstream media often misrepresents unconstitutional actions against marginalised communities, portraying victims as culprits. Alarmingly, political parties advocating for constitutional protection often remain silent on such injustices, failing to address the destruction of the homes of the underprivileged.
Rising intolerance
Despite the proclamation of November 26 as the Constitution Day since 2015, intolerance and violation of constitutional values have surged. Those opposing equality, secularism, and fraternity now ironically celebrate this day. Public figures openly advocating for the creation of a Hindu nation and calling for the economic and social boycott of Muslims face no punitive action, even when their inflammatory remarks circulate on social media.
Ten years ago, a Republic Day advertisement from the Union Ministry of Information and Broadcasting excluded the words ‘secular’ and ‘socialist’ from the Constitution’s Preamble—terms central to the nation’s ethos. Although this was done without parliamentary approval, government officials defended it incoherently, raising concerns about their commitment to constitutional values.
Federalism under strain
The ideological roots of this trend are evident in the Rashtriya Swayamsevak Sangh (RSS), whose mouthpiece Organiser criticised the Constitution in 1949, calling for Manusmriti to serve as India’s legal framework. While some BJP leaders openly discuss altering the Constitution, current policies subtly undermine its principles by institutionalising discrimination and inequality.
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India’s federal structure is also under strain. The central government has encroached on states' rights, as evident in the proposed University Grants Commission (UGC) rules granting governors sole authority over the appointment of university vice-chancellors. States like Karnataka, Kerala, Tamil Nadu, and Punjab have opposed such measures, which weaken federalism. Similarly, the unilateral implementation of the National Education Policy without consulting states undermines the federal system.
Indifferent judiciary
Although the Supreme Court has historically intervened to safeguard constitutional values, recent years have seen a decline in such judgements. The court’s decision to uphold controversial executive actions like the electoral bonds scheme—despite its unconstitutionality—has puzzled legal experts. Instances of judges citing religious texts in verdicts and participating in caste-religious ceremonies raise concerns about judicial independence.
The erosion of democratic and constitutional values for self-interest, electoral gains, or power has shaken public trust in political parties. However, an active civil society led by informed and visionary youth is essential for preserving and protecting the Constitution.
This article was originally published in The Federal Karnataka.