Over its 75-year journey, the Bharatiya Constitution has been viewed and interpreted from various perspectives like from transformative constitutionalism to constitutional morality. This has led to significant milestones, where new rights have been established and the Government has been entrusted with new responsibilities through judicial pronouncements. The Bharatiya democracy has matured by the passage of time and it can be attributed, in large part, to the flexibility embedded within the Constitution. Amidst all these changes, one aspect has remained consistently intact—the spirit of the nation. An indicative of Constitutional spirit, permeates through the ten pivotal words, used in the Preamble of the Bharatiya Constitution, encompassing sovereignty, justice, freedom, equality and fraternity, and also reflects in various provisions ranging from Fundamental Rights to Directive Principles of State Policy (DPSP) and Fundamental Duties.
The features of our Constitution reveal the intricacies and difficulties in its drafting. The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise) to complete its historic task of drafting the Constitution for independent India. Though many have argued that the Constitution is either continuation of the British legal framework or patchwork that has adopted various provisions from different Constitutions, the critical and in-depth understating based on the Constituent Assembly debates and Preamble to the Constitution at the beginning of each chapter give us the right picture and perspective about the Bharatiya foundation of the Constitution.
Significance of Preamble
The Preamble is the perfect manifestation of our collective will and consciousness. Though justice, equality, liberty are the Fundamental Values on which ‘We The People’ have enacted this Constitution, Dr Ambedkar made it amply clear that the inspiration for the same is Tathagat Buddha and his teachings and not the French Revolution. By qualifying these three values with the three values with the two pre-conditions while deliberating on the Preamble, Babasaheb has expressed the Bharatiya spirit of the Constitution. Firstly, liberty, equality and justice are not the objectives in absolute terms, with the spirit of Mata Bhumi Putroham Prithivya – fraternity is the foundation for realising these objectives. Secondly, all the objectives are to be achieved while maintaining the unity and integrity of this nation. None of the rights are absolute and fraternity and unity-integrity are the qualifying conditions for them.
Dignity of Individual
The ancient Bharatiya political tradition did not treat individuals as a mere tool of political order. Instead, it was an end in itself. Bharatiya philosophical traditions postulated that each individual as well as all living beings manifest the same universal spirit. Hence, each individual is free to seek his spiritual goals and salvation in his own manner. We do not want to attain equality in economic terms but ensure dignity of the individual. The civilisational values such as work is worship and every work has the basis of knowledge are recognised here. The inspiration of the freedom struggle with the strong sense of decolonisation is another reason for this insistence on dignity. The reservation not just in education and employment but direct political representation for the weaker sections also should be seen in this light. The affirmative actions guaranteed in the Constitution are instruments to ensure dignity for each individual and not for just economic equality.
Democracy – Beyond Mechanism
As per the Constitution, democracy is not just a mechanism to run a political system but reflects a lifestyle and ideal rooted in the Bharatiya ethos. While Western scholars treat democratic process as an arena for reconciling individual interest, Indian tradition takes a broader perspective of individual interest and pleads for inclusive political arrangement.
We had the provision of ancient democratic institutions like Sabha, Samiti and Vidatha mentioned in the ancient text of Rig Veda. According to PK Jayaswal (Hindu Polity, 1943, Third edition), the Samiti was the national assembly of the whole people or Visha and that its function was to elect or re-elect the Raja or the King. It was the duty of the king to attend its meetings. While Sabha and Samiti functioned as a check on the arbitrary powers of the King, Vidatha was a larger assembly for many other public functions of economic, religious and cultural nature. RS Sharma (1959) has noted that women also took part in the meetings of Vidatha. Buddhist Sangh tradition also had important traits of representation and decision making through consultation.
Maha Upanishad, sacred text of 8th century BC thus proclaims, Ayambandhurayam Neti Ganana Laghuchetasam, Udaracharitanam Tu Vasudhaiva Kutumbakam.
As we enter the 75th year of the Bharatiya Republic, it presents an opportune moment to delve deeper into the intrinsic essence of the Bharatiya Constitution
This is my relative and that is not the consideration of people with narrow minds. For those who have liberal and broad outlook, this world is one family.
This unique Bharatiya idea is relevant today not only for the promotion of democracy at global level but also for inclusive development and promoting a spirit of tolerance. The religious freedoms incorporated in the Constitution should be seen as the extension of this Bharatiya idea of spiritual democracy and not limited to the Western concept of secularism. Both the Constituent Assembly and judicial interpretations have understood this scope. The entrance of the Parliament rightly proclaims this as the principle and the main theme of G-20 Summit happened under Bharat’s Presidency in 2023 also made it the core theme with ‘One Earth, One Family and One Future’ pronouncement. It embodies the two elements of a democratic culture – toleration and inclusiveness.
Individual, Society State: Organic Whole
In Western thought, many thinkers like Plato, Aristotle, Hegel, Mussolini and other idealist thinkers either equated state with society or subsumed society under the jurisdiction of state. But Bharat, the social and cultural sphere, has always been an autonomous and guiding force for the political order. They were both regulated by the rules based order under the rubric or Dharma, which provided a distinct jurisdiction and duty to each. It was because of this fact that Indian society and culture survived many foreign aggression and rule for many centuries. While the state was captured by foreign power, society kept on moving on its own path without facing much disruption. It is the clue to the long survival of Indian culture and civilisation. The limited domain of political order allowed Indians to pursue their social and cultural goals and practices. Bharatiya point of view does not see individual and group or collective rights as antithetical to each other. Hence, both the categories are beautifully interwoven in the rights related to freedom, equality and religious freedom.
Emphasis on Non-Violence and Peace
Non-violence and peace are the essential part of the democratic culture as democratic process rests on peaceful resolution of differences and issues. In all Indian cultural traditions like Hindu, Buddha and Jain, the value of non-violence and peace has been emphasised in all spheres of life. The verse Ahimsa parmo dharma, from Mahabharat pleads that the non-violence is the supreme duty. Buddhism and Jainism prescribed non-violence in thought and action as essential principles of human conduct. Armed forces are meant to protect Dharma and not just to promote national interest for Bharat. Directive Principles on the foreign policy brings that out in a beautiful fashion. It was this principle which was used by Mahatma Gandhi as a political weapon for liberation of Bharat from British rule. Even though other streams of freedom struggle like physical and violent resistance also played an important role in attaining Independence, non-violence remains the central theme for the popular mobilisation. Today, Bharat has been recognised as a cradle of peace and non-violence.
Welfare: A Bharatiya Perspective
Another ideal of ancient India evokes the same inclusiveness. Taken from Garud Puran, this Sanskrit phrase reads as “सर्वे भवन्तु सुखिन:
Sarve bhavantu Sukhinah, Sarve Santu Niramayah; Sarve Bhadrani Pashyantu ma kashchid dukkha bhagbhavet, meaning may all be happy; May all be free from infirmities; May all see good; May none partake suffering. Bharatiya ideals of democracy do not and cannot restrict itself to majoritarian rule.
Ancient Bharatiya texts enlist some popular rights such as – the right to exist, the right to hold and maintain family, right to own lawfully earned property and the right to look after one’s own material and spiritual self-realisation. There was also a moral right to remove a tyrannical king. Thus, the individual as embodiment of sacred spirit, his freedom for spiritual salvation and provision of certain basic rights essential for his growth as human being attest the point that Individual enjoyed full dignity and was treated as an end itself. This idea is the basis of any democratic culture. In this sense, welfarism is enshrined in the Constitution. State to promote welfare of the people, and to ensure that justice (social economic and political) shall inform all the institutions of National Life. State shall strive to minimise inequalities in income and remove inequalities in status, facilities and opportunities. This is the crux of Article 38.
Dharma: Limiting Political Power
No doubt, Indian scholars interpreted political order in terms of monarchical rule but they were aware of the misuse of political power. The limitation on political power is an essential feature of democratic culture and constitutionalism. In India, the idea of Dharma laid down the foundation of social constitutionalism. Dharma is not a translation of English world religion which stands for a religious practice. Dharma has been used in Bharatiya civilisation as a moral duty and rule based order. Thus, the King will have its own Dharma to seek the welfare of people.
All ancient scholars like Kautilya, Manu, Shukrachar, Ved Vyas, Kamndak, Yagyvalkya supported the idea of Raj-Dharma or the duty of the kings or rulers. The Rajyadharma of the king was to seek security and welfare of citizens or Praja. Kautilya supported the monarchy but linked the fate of the king with the welfare of the people.
This was a potential limitation on the powers of the king. People’s happiness should be the King’s happiness. Welfare of the people is the King’s welfare. For a King, there is no task which is only individualistic and pleasurable to him only. It is the King’s utmost duty to look after the progress and welfare of the people of his country. The role of the judiciary as the protector of the Constitution and other provisions limiting the role of state excesses should be seen and interpreted in this tradition.
As we enter the 75th year of the Bharatiya Republic, it presents an opportune moment to delve deeper into the intrinsic essence of the Bharatiya Constitution, by examining provisions and the doctrines of constitutional interpretations. This is a time to reinforce the foundation of the Constitution and its fundamental structure within the collective consciousness of the people. It calls for exploring fresh and enduring ideals that can effectively address future challenges while remaining sustainable and timeless in their application. By undertaking this endeavour, we can rejuvenate the spirit of the constitution and fortify its relevance in shaping a prosperous and harmonious future for our nation.
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