Mains Daily Question
Jan. 5, 2024

Q3.The Indian Constitution is often considered as overly long and complex and contains certain extraneous parts. In light of the statement, highlight major criticisms of the Indian Constitution.  (10M/150W)

Model Answer

Approach 

Introduction: Briefly introduce that despite being acknowledged as a notable document, the constitution encounters considerable criticism.

Body:

Heading 1: Major Criticisms of Indian Constitution 

Conclusion: Conclude how these criticisms emphasize the imperative for continuous reflection and dialogue, recognizing the Indian Constitution as an ever-evolving document.

 

Answer

The Indian Constitution, adopted on January 26, 1950, is often hailed as a remarkable document that embodies the aspirations of a diverse and democratic nation. While it has undoubtedly played a pivotal role in shaping India's political landscape and fostering a sense of unity in diversity, however, like any complex legal framework  it is not immune to criticism. 

 

Major Criticisms of Indian Constitution 

    • Length and Complexity of the Constitution: The Indian Constitution, consisting over 400 articles, stands as one of the lengthiest globally. However, its extensive nature poses challenges for ordinary citizens in understanding its complexities.
      • Critics argue that the Indian Constitution is overly legalistic and complex, described by Sir Ivor Jennings as a "lawyer's paradise."
    • Borrowed Constitution : Critics called the Indian Constitution a 'borrowed Constitution ' or  a ‘bag of borrowings’ or 'patchwork' of several documents of the world constitutions , arguing it lacked originality. 
      • It is argued that the framers of the Constitution incorporated numerous elements from the Government of India Act of 1935, dubbing the Constitution either a "Carbon Copy" or an "Amended Version" of the 1935 Act.

 

  • Federalism with Central Dominance: Establishing a federal system, the Constitution divides power between the central and state governments. Yet, criticisms have surfaced, asserting that the Constitution leans towards a unitary structure, endowing more authority to the central government.

 

  • Limitations of Fundamental Rights and Directive Principles: While the Indian Constitution guarantees six fundamental rights to all citizens, critics argue that these rights are excessively restrictive and may not offer sufficient protection to citizens.
    • The Constitution outlines Directive Principles of State Policy (DPSPs) as guidelines for achieving social justice and economic development. However, these principles are non-enforceable in a court of law, leading to criticisms of their effectiveness.
  • Emergency Provisions Concerns: The Constitution includes emergency provisions allowing the central government to suspend fundamental rights and impose direct rule during emergencies. Critics argue that these provisions are overly broad, enabling government misuse to suppress dissent.

 

In essence, the multifaceted criticisms directed towards the Indian Constitution serve as a call for a continuous and thoughtful re-evaluation of our foundational legal framework. A constructive dialogue, engaging stakeholders from various walks of life, becomes imperative to understand and navigate the ever-evolving dynamics of Indian governance fostering a Constitution that resonates more comprehensively with the diverse needs of its citizens.

Subjects : Polity
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