Seventy-three years is period enough to assess whether the document called the ‘Constitution of India’ which was adopted on 26th November 1949 has lived up to the expectation of those responsible for formulating it. One of the greatest American Historian Granville Austin called our constitution “first and foremost a social document”. It is worth recording that Granville Austin once remarked that Jawaharlal Nehru is the single greatest obstacle to any arbitrary rule. The founders of the constitution are not available to take stock whether what they had visualized have worked or not.
The framers of the constitution were clear that the three wings of the state would function independently with clearly defined separation of powers. A learned of the constituent assembly Prof. KT Shah was clear that separation of powers was heart and the soul of rule of law. He had clarity of thought that any unnecessary collaboration or collusion between the three wings shall have a corrupting influence leading to chaos. Babasaheb Ambedkar the Chairman of the drafting committing was in agreement with Shah. They believed a robust Judiciary would act against bulwark of the executive.
Jurists, lawyers, experts and political thinkers work for three years, debated the type of systems. They were prophetic. They even discussed the “tyranny of the majority”. Sir Kazi Sayed Karimuddin deserves a special mention
The executive is now more an extension of the Prime Minister’s office with the highest decision making body, cabinet losing all its sheen. The bureaucrats no longer uphold the rule of law to keep the politician in check. The police force is not trusted by the people and the Income Tax department, Enforcement Directorate, CBI have become extensions of the dysfunctional executive meant only to keep the opposition in check.
Irrespective of the various short comings, two institutions that made this country proud is the judiciary and the election commission of India (ECI). Of late the higher judiciary is accused of failing to stand up to the powerful executive. The higher judiciary is accused of delaying politically sensitive matters. The highest court has even failed to ensure implementation of it’s own directions issued to improve the police system given a decade and a half back. The clamour for post-retirement jobs seem to bring the judges closer to the executive and that has brought a unnecessary suspicion of collusion instead of healthy confrontation. Despite many infractions people still keep faith and confidence in the courts. It is that belief in the judicial system that holds our society together.
The anti-defection law brought to check that people do not mince meat of their mandate is now being misused for wholesale defections for money and power with both the legislature and judiciary pleading not rescuing the people from dealers of power.
The Election Commission of India which was seen as the fourth pillar in the world’s largest democracy is seen less as a independent conductor of elections. The Supreme Court currently seized with the independence of the ECI . The proceedings in the court give an impression that the ECI has become yet another extension of the government of India. Every important decision of the ECI is seen with suspicion. Even when elections are announced to the state of Himachal Pradesh there is a shadow of doubt over as to why elections are not announced for the state of Gujarat.
We continue to be a land of elections and in comparision with our neighbours we can say with pride that we are the only shining star in the post-colonial period in south Asia.
As we complete 73 years of adopting the constitution it is worth noting that constitutionalism, inclusive democracy and liberal values are under severe strain. We have a modern constitution an integrated judicial system as defender of the citizens. There is an assumption that we the people shall stand up when required. The popular support for the integrity of the electoral system is seen as a sign of principles of democratic society. The 1977 defeat of Indira Gandhi is often quoted as unwillingness of the India voters to accept authoritarian practices.
The democratic world no longer sees the land of elections as land of democracy. We are either dubbed as ‘partly free’ or referred to as ‘elected autocracy’ where dissent is not tolerated. There is an alarm bell over our democratic integrity.
A constitutional Historian Shirer described the Weimer constitution of Germany as “on paper, the most liberal democratic of its kind the twentieth century had ever seen… full of ingenious and admirable devices which seemed to guarantee the working of an almost flawless democracy”.
Who could imagine at that time that after getting power through that liberal constitution, the supreme leader would strip the Weimer constitution of all its liberal and democratic values only to implement the Nazi plans for the Jews and after power he would be unstoppable. Germany had a deep rooted legal system with an autonomous judiciary. That system was dismantled first. Most judges understood ‘the demand of the hour’. They were co-opted. Not many judges faced persecution or went to camps. What happened to Weimer constitution is the lesson from history worth remembering today.
Our constitutional values so clearly enshrined in the constitution deserve a reassessment on this day “ a day of stock taking. It is time for constitutional vigilance and creation of constitutional culture.
John Philpot Curran was spot on “The price of freedom is eternal awareness”. The constitution adopted on this day gave us a democracy and a document for socio economic justice. We are yet to prove to them that we deserve what they thought was good for us.
