76th Anniversary of the Indian Constitution

The Indian Constitution, adopted 76 years ago, emerged in the context of a bloody partition and transition from colonial rule. It was revolutionary for its time, especially in how it diverged from Western constitutional models.

Constitutional Rights and Equality

• The Indian Constitution incorporates the protection of individual civil and political liberties but goes beyond by addressing social inequities and recognizing group-differentiated rights.
• Article 14: Ensures equality before the law and equal protection of laws for all persons.
• Article 15: Prohibits discrimination by the state against citizens, identifying societal sources of discrimination, notably caste.
• Article 15 (2): Protects citizens from discrimination by private individuals in accessing public spaces.
• Article 17: Outlaws untouchability.
• Article 23: Prohibits human trafficking and forced labor, addressing issues like debt bondage tied to caste and landlordism.

Group-Differentiated Rights

• The Constitution recognized group-differentiated rights within an egalitarian framework, a concept later adopted by Western democracies.
• Debates in the Constituent Assembly led to some reductions in protections for religious minorities and historically marginalized groups in the final draft.
• Led by figures like B R Ambedkar, the Constitution acknowledged the need for differential treatment to address structural inequalities.
• India was a pioneer in constitutionalizing affirmative action in 1950, preceding US civil-rights legislation by a decade.

Approach to Religious Diversity

• The Constitution established a secular state, avoiding special status for any religion.
• Article 27: Prohibits compulsory taxation for religious purposes.
• Article 28: Prohibits compulsory religious instruction in state-funded educational institutions.
• Articles 25 and 26 protect religious freedoms for individuals and groups.
• Religious minorities like Muslims, Christians, and Parsis retained their family laws.
• Articles 29 and 30 guarantee religious and linguistic minorities the right to preserve their culture and establish educational institutions.

Flaws and Achievements

• The Constitution's protections for individual freedoms and pluralism are partial, with limited rights and remedies under certain conditions.
• Emergency provisions and wide discretionary powers for the executive pose challenges, though judicial review is possible.
• Despite its challenges, the Constitution has endured as a symbol of national aspiration, unity, and hope for marginalized communities over 75 years.

The Indian Constitution stands as a testament to the idea that national unity does not necessitate uniformity and that equality requires context-sensitive treatment in a diverse society.