“It is not that India did not know what Democracy is. There was a time when India was studded with republics, and even where there were monarchies, they were either elected or limited. They were never absolute. It is not that India did not know Parliaments or Parliamentary Procedure. A study of the Buddhist Bhikshu Sanghas discloses that not only there were Parliaments-for the Sanghas were nothing but Parliaments – but the Sanghas knew and observed all the rules of Parliamentary Procedure known to modern times. They had rules regarding seating arrangements, rules regarding Motions, Resolutions, Quorum, Whip, Counting of Votes, Voting by Ballot, Censure Motion, Regularisation, Res Judicata, etc. Although these rules of Parliamentary Procedure were applied by the Buddha to the meetings of the Sanghas, he must have borrowed them from the rules of the Political Assemblies functioning in the country in his time.” —Dr Babasaheb Bhimrao Ambedkar, on November 25, 1949, in his last speech in the Constituent Assembly on Adoption of the Constitution
A fter celebrating the spirit of the glorious freedom struggle as Amrit Mohatsav, we will celebrate 75 years of our Constitution from November onwards. Many countries attained Independence from colonisation in 1940s and 1950s but very few of them sustain democratic form of Government and Constitution with the spirit of change with continuity. What is the secret of our success in withstanding the spirit of constitutionalism, and what is to celebrate about it? Our Constitution, with its resilience and adaptability, has stood the test of time, providing a reassuring anchor in the tumultuous seas of change.
Bharat has a long history of codifying social and political conduct rules based on Dharma, which means righteousness. As Dr Ambedkar said in his last speech in the Constituent Assembly, we had the legacy of limited or elected Government with specific procedures. That is why the essence of our freedom struggle was not just political Independence but regaining the soul of Bharat, which colonisers tried to crush. Swadharma, Swadeshi, Swabhasha and Swaraj were the combined principles that constituted the spirit of our freedom struggle. When the British proposed certain legal changes in the system of governance, we were conscious of our religious, cultural and spiritual ethos. Therefore, we either resisted or came up with necessary amendments in those enactments.
We find the same spirit of selfhood during the Constituent Assembly debates. When Dr Ambedkar insisted on having the ‘fraternity’ along with liberty, equality and justice, the deliberations on India and Bharat, union and federalism, Fundamental Rights and Directive Principles, etc., the spirit of Bharatiyata reflected in the arguments of Constitutions makers. Our ideals or future goals echoed in the Directive Principles of State Policy give us direction to strive for something noble and rooted in Bharatiya ethos. Even concepts like socialism and secularism were discussed in the Assembly with the spirit of Bharatiyata and not a Western connotation. Western democracies who claim the system of elected Government as their invention could not ensure adult franchise to all in one go. Each section of those societies, from labour to women, had to fight for the Fundamental Right to vote. In Bharat, we gave all equal voting rights despite the diversity, poverty, and lack of formal education as per the Western standards. We did not let down our Constitution makers. Besides the dark days of Emergency, we have seen a smooth and peaceful transition of power.
There have been tussles for power and contesting claims. It started with tension between the executive and judiciary over the supremacy of Fundamental Rights and the right to legislation by the parliament. Right to property and freedom of speech were other critical points of contention. All of them have been addressed as per the requirements of the time and society. The policy of positive discrimination through reservation has been implemented successfully in terms of political and educational inclusion of deprived sections of society. Our President comes from a Scheduled Tribe community, and our Prime Minister is from Other Backward Class. Both are first-generation politicians – a clear embodiment of a vibrant democratic process. The cultural resurgence movement started with renovation of Somnath temple, which initiated the debate about decolonisation and renationalisation. The reclamation of Ram Janmabhoomi through a Supreme Court judgement has \ shown that all disputes, including the pre-British one, can be resolved through Constitutional means. Debates over the Uniform Civil Code, Cow Protection, and strengthening of Gram Swaraj are ongoing, and we are experimenting with them through democratic debates. The Bharatiya Constitution is a living and dynamic text like our civilisation. It has enough flexibility and rigidity to address the national needs.
It is beyond doubt that our Constitution is inspired by our history, our values and our requirements. Despite adopting the organisational structures from other countries, the values and principles guiding them are rooted in Bharatiya values as reflected in their mottos and objectives. Inscriptions in the Parliament and the painting drawn on the first page of each chapter are evident enough that our democracy is not a blind imitation of the Western model. Any legal document is a matter of interpretation, and the Bharatiya Constitution is no exception. Some intellectuals, leaders, legal luminaries and authorities interpret the Bharatiya Constitution in the light of British or American laws, which is against the spirit of the Constitution. In the same last speech, Dr Ambedkar had warned about Communists and Socialists as the forces’ condemning our Constitution’. These ideologies, in the name of democracy and free speech, try their best to undermine the Bharatiya spirit of our Constitution. Maoists and ultra-liberalists, along with Islamists, are other forces who try their best to overthrow this Constitution by using the provisions of the Constitution. We, as a nation, should be alert about this strategy and have a counter strategy to avert such efforts democratically. Dynastic politics and corruption are still issues we are grappling with. Freeing the Constitution from colonial interpretation and Western imitation is necessary to overcome all these challenges. Hence, our glorious past, the spirit of the freedom struggle and the discussion and debate in the Constituent Assembly should be our guiding force while interpreting the Constitution. This vigilance is crucial to ensure the continued strength and relevance of our Constitution.
While celebrating 75 years of the Constitution, we should be proud of our democratic legacy. It is also an opportunity to inculcate and penetrate Constitutional values through various programmes and discussions. As a constituent of this great ancient Rashtra with a modern State structure, the national duties need greater adherence along with the expectations based on rights. ‘We the people’ should nurture the feeling of fraternity based on common heritage and motherland while cherishing unique identity based on caste, traditions and languages. Continuing a Constitution with a democratic spirit for 75 years is undoubtedly a success story. Now, while celebrating the Samvidhan ka Amrit Mahotsav, our objective should be to penetrate the values and spirit of that Constitution based on liberty, equality, and justice with the foundation of fraternity, national unity, and integrity. Let us resolve to understand and imbibe the spirit of Bharatiya selfhood behind this dynamic text as envisaged by our freedom fighters and Constitution makers.
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