Page 37 - Constitution

70 Years of Indian

Constitution

The individual also takes centre stage in – it called for a leap of faith. Even in the West, the right to
the chapter on Fundamental Rights. For the vote had come in dribs and drabs, expanding as conditions
first time in India’s history a declaration of the turned favourable. But our founding fathers chose not to

inalienable rights of an individual that could wait for favourable conditions to emerge. Like Emmanuel
be enforced against the State, was articulated Kant they believed that freedom precedes political
maturity, and not the other way around. In fact, Madhav
and given place of pride Khosla argues that India’s founders saw democratisation

itself as a form of education, a way to responsible politics.
nominating Mr Rau to the Supreme Court of the United
India’s voters have, in election after election, justified the
States.
founders’ faith.
But despite their eminence, the founders had the
The individual also takes centre stage in the chapter on
humility to study other constitutions, to consult the
Fundamental Rights. For the first time in India’s history
best minds of the day, to look for ideas wherever they
a declaration of the inalienable rights of an individual
originated and to discuss and respect opposing points of
that could be enforced against the State, was articulated
view. The concept of ‘Parliamentary democracy’ came
and given place of pride. The concept is based on the
from the British constitution, the ‘fundamental rights’
belief that there are certain basic human rights that no
idea came from the US constitution, ‘liberty, equality,
government, even a democratically elected one, can take
fraternity’ came ofcourse from France. The constitutions
away. Not surprisingly, some of these rights conflicted
of Ireland, Japan,South Africa, Australia and Canada
with other objectives of a free India. For example, the
and others contributed concepts and ideas. But (it) was
guarantee of Equal Protection under Law fell foul of the
no “bag of borrowings” as some critics called it. Each
social agenda of acquiring zamindari properties without
idea was put into an Indian context, discussed thread
payment of full compensation.
bare and then accepted, rejected or modified through a
The response of the government of the day, and most
process of intense debate. That is the way to bring about
subsequent governments has been to bring in exceptions
transformational change.
to the Fundamental Rights or to create vehicles like the
Perhaps the single most radical decision taken 70 years
Ninth Schedule which protects certain laws from judicial
ago, was the adoption of universal adult suffrage. India
review, even if they violate Fundamental Rights. This is
had no tradition of democracy. Literacy was a dismal 12
sometimes criticised as eroding Fundamental Rights by
percent. At a rough estimate 80% of India’s population
dilution. However, this tension between flexibility and
lived in poverty in 1947. And the majority of the population
permanence is a part of the dance of democracy. The
lived in far flung and often remote villages. In these
founders intended the Constitution to be flexible to meet
circumstances, opting for adult suffrage was not just a risk

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