Constitution Day of India, November 26

Constitution Day of India, November 26

Constitution Day of India is observed on November 26, the day the Constitution of India was finally ‘adopted, enacted and given to ourselves in 1949. Much water has flown in the Yamuna ever since the new constitution became operational, 73 years ago, on January

26, 1950; the day is observed and celebrated as the Republic Day of India, an important mile stone in the chequered journey of free India. It is a matter of gratification to note that ever since India has come a long way and has ‘arrived’ definitely but it has still to go a long way to ‘reach’ to redeem the pledge of ‘Tryst with Destiny’ which ‘We the people of India’ took on the mid-night dawn of August 15, 1947. I take this opportunity to greet my fellow citizens of India on the Constitution Day and wish them all success and prosperity in the years to come.

“We describe our Constitution as a “living document”, ready to adapt and respond to changing times. We also call our Constitution a “transformative Constitution”, one that attempts to radically transform our society and the country as a whole to fulfill its vision of a vibrant, modern polity. But how different is the vision of the framers of our Constitution from those in charge of implementing its ideals since the country gained Independence? Is the vision still a dream or a reality? And how do the citizens and the Constitution transform each other?” It is an extract from an invitational letter for a Webinar hosted by the Print on November 24 on the theme “Constitutional Vision: From Framers to Executors” to observe the Constitution Day. I tend to agree with the Print that our constitution is a living document and it is a transformative constitution so laboriously made by our forefathers, the makers of this beautiful document; particularly the chief architect of it, Babasaheb B.R. Ambedkar. The three questions raised by the Print are totally relevant which need answers to put the matter in its perspective.

I would humbly try to address the issues not as an expert but as a concerned citizen. First, the constitutional vision: from framers to executors – frankly, prima facie it seems, we have negated the vision of the framers and have failed the constitution. It is my off the cuff observation, if I see the things in totality. It seems in the past 73 years, we have increasingly lost the way. The framers of the constitution visualized India as a democratic, secular and socialist country. But we could not do much in transforming of our political democracy into a social and economic democracy. Our secular credentials are increasing threatened giving way to communal polarization. Over the years, rich is getting richer and poor is getting poorer, undermining the ideal of socialism. Fraternity was thoughtfully added to the known and lofty ideals of ‘Equality, Liberty and Justice’ but sadly again, in the recent years chasm in the various sections of the society has widened. Minorities are feeling threatened. It seems, social and religious animosity, in the society at large, is increasing. It was a short narration on the basic fundamentals of the constitution as stipulated in the very preamble of the constitution. As regards yet another prop of ‘transformative constitution’, I think, here also we have nothing much to feel proud. We could not transform our political democracy into social and economic one, as said earlier. The slogan of ‘Sab Ka Sath, Sab Ka Vikas and Sab Ka Vishwas’ is yet to be realized. The society is yet to be transformed from ‘graded inequality’ to a ‘casteless society’ to establish an equitable order, the very essence of democracy. Democracy will survive and prosper, if the institutions established under the constitutional framework, in the process, are strengthen. But again, it is felt, it has not happened and has lead us towards ‘Grammar of Anarchy’ and ‘Hero worship giving way to dictatorship’ as warned by Babasaheb Ambedkar in his last speech in the Constituent Assembly on November 25, 1949.  The ‘majoritarian’ point of view and the ‘personality cult’ are the very negation of democracy. Unfortunately, these tendencies are raising

their head, of late, in the polity of the country which must be arrested forthwith.  The constitutional and statutory positions like President, Governor, Election Commission, Comptroller General of Audit and Accounts, National Commission for SCs among others are increasingly losing their sheen and standing in facing the machinations of the ruling dispensations. It is a matter of concern and worry. The other day, commenting on the Election Commission, the Supreme Court of India termed it as ‘alarming trend’ and said, “This is how the silences of the constitution can be exploited. There is no law, no check. Everyone has used it to their interest… Pick up some one and give him a highly truncated tenure. He is obligated; does your bidding…We are not saying so but it looks like that.” It has been further reported that there is a definite ‘standoff’ between the Government and the Judiciary on the issue. It is a matter of worry that ‘political and constitutional morality’ is missing in implementing the constitution in its ‘letter and spirit’, most of the times by willful design by the vested interests.

All said and done, it is a matter of gratification to note that we are still on track only because of the constitution, in spite of many failures and setbacks, in the process. I would tend to agree that our constitution is a ‘living document’ and if, we the people of India ensure that the governments are made of ‘Gyansheel’ people, the constitution may be saved and defended. Kindly excuse me for repeatedly quoting Babasaheb in explaining the matter as I find him as relevant today as he was before. What is ‘Gyan’ and ‘Sheel’ according to the icon? He said, “If I may use the words of Buddha he said that man requires two things; one is ‘Gyan’ and the other is ‘Sheel’. Gyan without Sheel is very dangerous. It must be accompanied by Sheel by which we mean; character, moral courage, ability to be independent of any kind of temptation, truthful to ones ideals.” Our constitution is a living document; I say so because – In the early years of the Republic of India, it could throw answers to the often raised ‘bogie’ – Who after Nehru? It does not need further elaboration, Our PM passed away abroad and transfer of power back home happened smoothly. In the aftermath of ‘emergency’, declared rightly or wrongly, the strongest PM was unseated by the people and brought in the new dispensation without any difficulty. Two of the leaders, PM Indira Gandhi and Former PM Rajiv Gandhi were eliminated suddenly in violence; nothing happened and smooth switch over took place with due process and procedure. Unwanted and undesirable situations arose, in the wake of violent communal riots, militancy and such other untoward happenings; our

constitution stood the test of times as a ‘living document’. PM Narendra Modi has rightly said, “India's Constitution is not merely a book but is an idea and commitment, and also a symbol of the nation's confidence in its independence. Dwelling on the living nature of the Constitution, he said India has by nature been a free-thinking country, and inertia is not part of our basic nature. "From the formation of the Constituent Assembly to its debates, from the adoption of the Constitution to its present stage, we have consistently seen a dynamic and progressive Constitution. We have argued, raised questions, debated and made changes.”

Finally, if we carefully study and pay heed to the foresighted views and warnings of the father of Indian Constitution, Dr. B.R. Ambedkar, we can easily make the living document a ‘transformative constitution’ as visualized by our forefathers. He said referring to the newly won independence, “Will history repeat itself? It is this thought which fills me with anxiety. This anxiety is deepened by the realization of the fact that in addition to our old enemies in the form of castes and creeds we are going to have many political parties with diverse and opposing political creeds. Will Indians place the country above their creed or will they place creed above country? I do not know. But this much is certain that if the parties place creed above country, our independence will be put in jeopardy a second time and probably be lost forever. This eventuality we must all resolutely guard against. We must be determined to defend our independence with the last drop of our blood.”

 While observing the Constitution Day on November 26, again I would like to recall what Babasaheb said on the good or bad

constitution; particularly with reference to the gap between the Framers and Executors. In his speech, Ambedkar cautioned that the working of a Constitution did not depend on the document itself. Ultimately, it depended on those tasked with implementing it. He said, “…however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot.”

Greetings on the Constitution Day of India.