Context

• As India celebrates the 75th anniversary of the enforcement of its Constitution, it is a pivotal moment to reflect on the nation's journey while reaffirming its foundational values.
• This transformative document laid the groundwork for a sovereign democratic republic, aspiring to uphold liberty, equality, and fraternity.
• However, as B.R. Ambedkar’s prophetic remarks during his closing address to the Constituent Assembly in November 1949 remind us, this journey has been fraught with challenges.

Indian Federalism: Features, Contemporary Challenges and Resilience Shown

• The Unique Nature of Indian Federalism
  • India’s federal structure is distinct, designed to accommodate its diverse socio-cultural and historical realities.
  • Unlike classical federations, India operates on a ‘quasi-federal’ model that blends unitary and federal characteristics.
  • This flexibility has enabled the country to address regional aspirations while maintaining national unity, but the relationship between the Union and States has often been fraught with challenges.
• The Role of State Governors: A Source of Tension
  • State Governors, expected to act as neutral arbiters, have often been perceived as partisan agents of the Union government.
  • This has led to legal disputes and strained centre-state relations, particularly in politically sensitive contexts.
  • Recent Supreme Court rulings have sought to reaffirm the constitutional mandate of neutrality, strengthening the federal character of the Indian system.
• Simultaneous Elections: A Contentious Proposal
  • The idea of holding simultaneous elections for the Lok Sabha and State Assemblies has sparked significant debate.
  • Proponents argue that it would reduce costs and administrative disruptions, while critics caution that it could centralise power and overshadow state-specific issues.
  • This proposal underscores the tension between efficiency and the preservation of regional autonomy.
• Linguistic Diversity and Federal Challenges
  • India’s linguistic diversity poses unique challenges to its federal structure.
  • The marginalisation of regional languages like Tamil, Kannada, Bengali, and Marathi has fuelled demands for greater linguistic equality.
  • Perceptions of Hindi imposition have led to protests, emphasising the need for policies that respect multilingualism while fostering national unity.
• Fiscal Federalism: Balancing Resource Distribution
  • Fiscal arrangements under the Finance Commission and GST regime have been a contentious issue, with States often arguing that the system disproportionately favours the Union.
  • Delayed GST compensation payments, especially during crises like the COVID-19 pandemic, have highlighted the vulnerabilities of the current fiscal framework and the need for reforms to ensure equitable resource distribution.
• Delimitation Exercise: A Test of Federal Harmony
  • The upcoming delimitation exercise to redraw parliamentary constituencies based on population data poses a significant challenge.
  • States with successful population control measures fear losing political representation, creating a conflict between policy success and equitable representation.
  • This issue exemplifies the complexities of India’s federal system.
• The Resilience of Indian Federalism
  • Despite these challenges, federalism remains a cornerstone of India’s democracy.
  • B.R. Ambedkar’s vision of co-equal powers between the Union and States emphasises the need for mutual respect and cooperation.
  • Judicial interpretations, such as the S.R. Bommai vs Union of India case, have reinforced federalism as part of the Constitution’s basic structure, ensuring its continued relevance in India’s governance.

The Issue of Unequal Democracy: The Challenge of Social and Economic Justice

• Legal and Institutional Challenges to Liberty
  • Critics argue that India is increasingly veering towards becoming a police state, with stringent laws and practices that stifle dissent and curtail individual freedoms.
  • Laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA) have been criticised for their overreach, vague definitions, and potential for misuse.
  • These statutes, alongside the retention of colonial-era laws like sedition, are seen as tools to suppress political opposition and curtail freedom of speech.
  • While these measures are often justified in the name of national security, their application has raised concerns about eroding democratic liberties and violating constitutional guarantees.
• Caste and Social Inequalities: A Persistent Challenge
  • One of the most enduring social issues in India is caste-based inequality, which continues to dominate the social and economic landscape.
  • Despite constitutional safeguards such as the abolition of untouchability and affirmative action policies, caste still plays a significant role in determining access to education, employment, and social mobility.
  • The intersections of caste, class, and gender exacerbate inequalities, leaving marginalised communities with limited opportunities to break free from systemic oppression.
  • The persistence of caste-based discrimination and violence indicates that India is far from achieving the vision of an egalitarian society.
• Economic Inequalities: The Growing Divide
  • India’s economic growth over the past few decades has been remarkable, but the benefits of this growth have not been evenly distributed.
  • The gap between the rich and poor has widened, with wealth concentrated in the hands of a few. Rural-urban disparities, unequal access to quality education and healthcare, and limited opportunities for upward mobility further deepen economic inequalities.
• Gender Inequality: A Barrier to Social Justice
  • Another critical dimension of inequality is gender disparity, which continues to limit women’s participation in political, economic, and social spheres.
  • Despite constitutional provisions ensuring equal rights, women in India face systemic challenges such as wage gaps, underrepresentation in leadership roles, and gender-based violence.
  • The struggle for gender equality is further complicated by cultural and social norms that perpetuate patriarchal attitudes, often rendering progressive legal frameworks ineffective in practice.

The Way Forward: Preserving the Constitution

• Of late, there has been some noise about revamping the Constitution, as the accusation is that it has evolved from a European colonial perspective.
• It has become a common trope to suggest replacement of the present-day Constitution with an ‘Indic’ constitutional
• Rather than dismantling the existing framework, the need of the hour is to protect and strengthen the constitution.
• Ambedkar’s call to defend democratic principles and preserve the Constitution is more relevant than ever.
• India requires a new generation of constitutional guardians, judges, bureaucrats, politicians, activists, journalists, and citizens, who prioritise the nation over personal or sectarian interests.
• These guardians must uphold the Constitution’s vision, ensuring that governance reflects the ideals of justice, liberty, equality, and fraternity.

Conclusion

• The 75th anniversary of India’s Constitution is a moment to celebrate its achievements and confront its challenges.
• The Constitution has provided a robust framework for India’s democratic evolution, but its promise remains incomplete without addressing the deep-seated inequalities that persist in society.
• As the nation looks to the future, it must heed Ambedkar’s vision, creating a sense of fraternity and safeguarding democratic principles.