Jonah Patel
India's constitution sets out the country's political code, federal structure, powers of government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement, among others. However, democratic institutions, norms, and practices have been under threat in India, with some scholars arguing that the country's democracy is dying. This can be attributed to the current government's attacks on the media, arrests of opposition figures, and discriminatory laws. Furthermore, India's unique social structure, such as its caste system and religious landscape, presents challenges to the implementation of democratic ideals. The question of whether the constitution should be more democratic in India is a complex one that requires careful consideration of the country's history, political philosophy, and the current state of its democratic institutions.
| Characteristics | Values |
|---|---|
| Political code | Secular, prohibiting religious persecution |
| Federal structure | 16 units of federation, not under the rule of a hereditary prince |
| Powers of the government | Strong executive with independent powers |
| Guarantees Indians' rights | Equality before the law, freedom of speech, assembly, movement, opinion, and association |
| Caste system | Caste discrimination banned, quotas for jobs and education |
| Economic growth | Slowed |
| Rule of law | Eroded trust, dysfunctional legal system |
| Population | Imbalance between males and females |
| Education | Better-educated southern states |
| Employment | High unemployment |
| Democratic institutions | Under threat |
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What You'll Learn
- The impact of the BJP's rule on democratic institutions
- The constitution's role in fostering national unity
- The constitution's secular nature and religious freedom
- The constitution's impact on the independence of the judiciary
- The constitution's influence on the structure of government and separation of powers
The impact of the BJP's rule on democratic institutions
India's democratic institutions, norms, and practices have been under threat since the Bharatiya Janata Party (BJP) rose to power in 2014. The BJP's attempt to remake India has led to increasing political polarisation, a slowdown in economic growth, and an erosion of trust in the country's democratic institutions and the rule of law.
The BJP's rule has also resulted in a conflict of interest between the ruling government and state institutions. The party has been accused of trying to influence prominent independent institutions like the Central Bureau of Investigation (CBI), the Reserve Bank of India (RBI), the Election Commission of India (ECI), and the Supreme Court, thereby disturbing the fundamental structures of democracy. The BJP's actions have undermined the rights of Muslims and other minorities, impaired freedom of expression and association, and promoted a majoritarian and extremist agenda, moving India away from its traditionally multicultural and tolerant society.
Additionally, the BJP has faced corruption allegations, such as in the awarding of contracts for the purchase of Rafael fighter jets and the privatisation of airports, with allies of Prime Minister Narendra Modi winning lucrative contracts. The dysfunctional legal system, with its excessive pre-trial detentions and reports of police brutality, further erodes trust in the law.
The erosion of India's secular credentials and democratic image has implications for its global engagement and cooperation, particularly with Western governments that view India's democratic status as a key pillar for collaboration. The trajectory of Indian democracy remains uncertain after two terms of BJP rule, as key democratic institutions have proven brittle in the face of political interference.
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The constitution's role in fostering national unity
India's constitution sets out the country's political code, federal structure, powers of government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement, among others. The constitution also recognises no class barriers, guarantees freedom of opinion, and seeks a rational distribution of national income.
The constitution is secular, prohibiting the persecution of individuals for their religious beliefs. However, it does not explicitly separate church and state as seen in the United States Constitution. This is significant as religion is an important factor in Indian politics, with politicians courting votes based on caste or religious affiliation. The constitution banned caste discrimination, and early governments introduced quotas to ensure a fairer allocation of jobs and education. However, caste remains a powerful factor in politics, with some political parties still courting voters according to castes.
India's constitution has played a crucial role in fostering national unity by providing a framework for a democratic republic. All adult citizens have the right to vote, and the constitution has outlawed inequality of sexes. The federal structure of India's government, with power divided between the Union and the states, ensures that local governments have a say in legislation and taxation, fostering a sense of representation and participation across the country.
The constitution also provides for a strong executive by investing constitutional heads of governments at both the Union and state levels with some independent powers. This distribution of power can help prevent the concentration of authority in a single entity, which could lead to autocratic rule. Additionally, India's federal Parliament consists of two chambers: the House of the People and the Council of States, allowing for a more diverse representation of the population.
Despite the constitution's role in fostering national unity, India has faced challenges in maintaining democratic norms and practices. Under Narendra Modi, there have been concerns about harassment of the opposition, attacks on minorities, and stifling dissent. Additionally, democratic institutions have been under threat, with a decline in norms and practices underpinning democracy. There is also a history of elites acting undemocratically, and the current government's actions, such as arrests of opposition members and discriminatory laws, further contribute to the erosion of democratic values.
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The constitution's secular nature and religious freedom
India's constitution sets out the country's political code, federal structure, powers of government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement, among others. Notably, the constitution also guarantees freedom of religion as a fundamental right in Article 25–28. This means that every citizen of India has the right to practice and promote their religion peacefully. The constitution's secular nature prohibits the persecution of individuals for their religious beliefs.
However, it is important to note that while India's constitution guarantees religious freedom, there have been instances of religious intolerance and violence. For example, in 1984, the Sikh Massacre in and around Delhi, the 1990 Exile of Kashmiri Pandits from Kashmir, and the 2008 Anti-Christian riots in Odisha are just a few instances of religious tension in the country. Additionally, there have been reports of the BJP-RSS regime establishing the ideology of Hindu supremacy, leading to the persecution of religious minorities, including Muslims, Christians, Dalits, and Sikhs, with Indian Muslims being the prime target.
The complex social structure of India's caste system also plays a role in religious freedom. While the constitution banned caste discrimination and early governments introduced quotas to provide fairer allocations of jobs and education, caste remains a powerful factor in politics. Political parties still court voters according to castes, who tend to vote as a block. This intersection of caste and religion further complicates the landscape of religious freedom in India.
Furthermore, several Indian states have passed Freedom of Religion Bills, primarily to prevent people from converting to Christianity. These laws have been challenged, citing violations of Article 25 of the Constitution, which guarantees freedom of religion. The Supreme Court has upheld these laws, stating that there is no fundamental right to convert anyone to one's religion.
In conclusion, while India's constitution guarantees religious freedom and secularism, the country has faced significant challenges in upholding these values. Instances of religious intolerance, violence, and discriminatory laws have threatened the constitutional right to freedom of religion for all citizens. Addressing these issues is crucial to maintaining the democratic and secular ideals enshrined in India's constitution.
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The constitution's impact on the independence of the judiciary
The Constitution of India, established in 1950, has a significant impact on the independence of the judiciary. The Constitution guarantees a separation of powers between the legislature, executive, and judiciary, ensuring that each branch operates autonomously within its jurisdiction. This separation of powers is fundamental to maintaining an independent judiciary, as it prevents the executive and legislative branches from unduly influencing judicial decision-making.
The Constitution provides for the security of tenure and conditions of service for judges, ensuring they can perform their duties without fear or favour. It grants financial autonomy to the judiciary, allowing it to manage its budgetary requirements independently, further reducing the potential for external influence. Additionally, the Constitution empowers the judiciary with the right to judicial review, enabling it to scrutinise the constitutionality of laws passed by the legislature and actions taken by the executive. This right to review enhances the judiciary's independence and ability to act as a check on the other branches of government.
The independence of India's judiciary is also safeguarded through various principles outlined in the Basic Principles on the Independence of the Judiciary by OHCHR. These principles include the state's duty to respect and observe judicial independence, the judiciary's impartial decision-making based on facts and law without external influences, and the judiciary's exclusive authority to determine its competence in handling submitted issues. These principles reinforce the constitutional foundation for an independent judiciary.
However, it is important to note that the independence of the judiciary in India has faced challenges and debates. The country's complex social and political landscape, including its caste system and religious dynamics, can influence judicial processes. Additionally, the current political climate, marked by polarisation and attacks on civil liberties, has raised concerns about the independence of democratic institutions and the judiciary's ability to remain impartial.
Despite these challenges, the judiciary in India has demonstrated its commitment to upholding democratic values and constitutional boundaries. Recent decisions by the Supreme Court, such as in the cases of Association for Democratic Reforms v. Union of India and Kuldeep Kumar v. U.T. Chandigarh, reflect the judiciary's willingness to stand against unconstitutional actions by the executive and legislative branches. These actions reinforce the judiciary's role as a protector of the Constitution and the rights of individuals.
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The constitution's influence on the structure of government and separation of powers
India's constitution sets out the country's political code, federal structure, powers of government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement. The constitution also banned caste discrimination and early governments introduced quotas to provide a fairer allocation of jobs and education. However, caste and religion remain powerful factors in politics.
The constitution's influence on the structure of the government is evident in the separation of powers between the three branches of the government: the executive, the legislature, and the judiciary. Each branch has distinct functions, but their scopes sometimes overlap. The chief function of the legislature is to enact laws, which form the basis for the functioning of the other two branches. The executive implements the laws enacted by the legislature and enforces the will of the state. The judiciary interprets the law, settles disputes, and administers justice to all citizens. It is considered the watchdog of democracy and the guardian of the constitution.
The Indian Constitution lays down the structure and defines the roles and functions of each organ of the state, including the system of checks and balances. The constitution also establishes norms for the inter-relationships between the organs of the state. The 1973 Kesavananda Bharati case ruled that Parliament has the authority to amend the Constitution but not its basic structure, which includes federalism, secularism, democracy, the rule of law, and the independence of the judiciary.
While the Indian Constitution does not strictly adhere to the separation of powers like the American Constitution, it does follow the system of checks and balances. The judiciary is granted the authority to decide on all constitutional problems and to deem the actions of other branches of the government as null and invalid if they violate the basic structure of the Constitution. This contributes to bolstering the judiciary's independence and ensuring that the government does not overstep its constitutional limits.
Despite the constitution's influence on the structure of the government and the separation of powers, democratic institutions, norms, and practices have been under threat in India. The current government's attacks on the media, arrests of opposition, and discriminatory laws have eroded trust in the country's institutions and democratic foundations.
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Frequently asked questions
India's constitution sets out the country's political code, federal structure, powers of the government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement. It also recognizes no class barriers and guarantees freedom of opinion, assembly, and association.
India has witnessed a significant democratic decline since Narendra Modi's election in 2014. While key democratic institutions have remained formally in place, the norms and practices underpinning democracy have substantially deteriorated. The current government has been accused of harassing the opposition, attacking minorities, stifling dissent, and making discriminatory laws.
India's democracy faces several challenges, including a polarized political discourse, a dysfunctional legal system, excessive force by police and security forces, demographic imbalances, and high unemployment. Additionally, there is a long history of elites acting undemocratically, and the caste system continues to influence politics and voting behavior.
