Table of Contents
Analysis of The Hindu Editorial 1 : The Constitution still thrives, let it show India the way
Introduction: A Milestone Worth Celebrating
This month, India commemorates the 75th anniversary of the adoption of its draft Constitution by the Constituent Assembly on November 26, 1949. The Union government has announced a special joint sitting of Parliament to mark this historic moment. As the nation celebrates, it is essential to revisit the words of Dr. B.R. Ambedkar, the Constitution’s principal architect, delivered on the eve of its adoption. His observations remain hauntingly relevant and serve as a reminder of the responsibilities shouldered by every citizen and political party to uphold the Constitution’s principles.
Dr. Ambedkar’s famous remark encapsulates this sentiment: “However good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot.” This insight underscores that the success of the Constitution hinges on its interpretation and application by successive generations of leaders and citizens alike.
Ambedkar’s Warnings: Lacunae in Indian Society
The Contradiction of Equality and Inequality
Dr. Ambedkar identified two glaring lacunae in Indian society: the absence of equality and fraternity. He predicted a life of contradictions post-independence, explaining, “In politics, we will have equality, but in social and economic life, we will have inequality.”
- Political Equality: The Constitution guarantees the principle of “one person, one vote,” ensuring political equality.
- Social and Economic Inequality: The deeply entrenched caste system and socio-economic disparities continue to deny this equality in daily life.
Dr. Ambedkar posed two critical questions that still resonate today:
- How long shall we continue to live this life of contradictions?
- How long shall we deny equality in social and economic life?
Fraternity: A Missing Ingredient
Dr. Ambedkar envisioned fraternity as a cornerstone of social democracy, describing it as “a sense of common brotherhood of all Indians.” He lamented that the caste system, religious divisions, and the absence of a shared sense of nationhood undermined fraternity. Without fraternity, liberty and equality risk becoming hollow ideals, enforceable only through external authority rather than internal conviction.
Progress After 75 Years: Triumphs and Challenges
Advancing Equality
In the decades since independence, India has made notable strides toward equality:
| Achievements | Challenges |
|---|---|
| Abolition of untouchability | Persistent socio-economic inequality |
| Landmark affirmative action policies (reservations) | Ongoing debates over expanding quotas and caste-based representation |
| Legal reforms to promote equality | Lack of equal opportunities for marginalized communities |
While affirmative action has uplifted many, it has also raised complex questions about its long-term impact on fraternity. The continuing demand for a caste census illustrates that the journey toward equality is far from over.
The State of Fraternity
The concept of fraternity, as envisioned by Dr. Ambedkar, remains a work in progress. Political mobilization based on caste, religion, and regional identities has often deepened social divides. However, moments of national unity—whether at a cricket match or during times of crisis like the Kargil War or the Galwan Valley clash—demonstrate that a shared sense of nationhood has taken root.
The Paradox of Caste Reservations and Fraternity
Dr. Ambedkar’s ultimate goal was the annihilation of caste, viewing reservations as a temporary measure to achieve equality. However, the extension of these policies to Other Backward Classes (OBCs) has arguably entrenched caste identities in politics.
Sociologist Dipankar Gupta critiques this trend, arguing that using caste as a political tool undermines fraternity. While Ambedkar aimed to diminish caste divisions, contemporary practices often reinforce them, making caste a perpetual factor in public life.
| Ambedkar’s Vision | Contemporary Reality |
|---|---|
| Annihilation of caste | Institutionalization of caste in politics |
| Fraternity as a unifying force | Fragmentation along caste lines |
Highs and Lows: Safeguarding the Constitution
Despite its challenges, the Constitution has endured as the bedrock of Indian democracy. The ascent of political parties once critical of the Constitution, such as the Bharatiya Janata Party, underscores its robustness. Ironically, these parties now celebrate the very document their predecessors criticized.
However, the Constitution’s institutions face pressures:
- Parliament: Reduced deliberative quality.
- Judiciary: Questions over independence.
- Democratic Spirit: Global indices raising concerns over electoral integrity.
The V-Dem Institute’s characterization of India as an “electoral autocracy” is a sobering reminder of the risks Dr. Ambedkar foresaw.
Conclusion: Upholding Ambedkar’s Legacy
Dr. Ambedkar’s concluding words remain a call to action: “Independence is no doubt a matter of joy. But let us not forget that this independence has thrown on us great responsibilities. If hereafter things go wrong, we will have nobody to blame except ourselves.”
As India celebrates 75 years of its Constitution, let us recommit to reducing the contradictions Ambedkar identified and strengthening the principles of liberty, equality, and fraternity. The Constitution thrives, but its true success lies in how we, as its custodians, choose to honor its vision
Analysis of The Hindu Editorial 2 : Feminist ideology in India’s constitutional discourse
Introduction: Reclaiming the Legacy of the Founding Mothers
When we discuss the architects of the Indian Constitution, the term “founding fathers” often dominates, reflecting a patriarchal framing of history. This narrative, however, overlooks the indispensable contributions of the founding mothers—the remarkable women who played a pivotal role in shaping India’s Constitution. These trailblazers worked tirelessly within and beyond the Constituent Assembly to embed feminist ideals into the nation’s foundational text. Yet, their contributions have been largely sidelined in popular discourse.
This omission is not just an oversight but a disservice to the feminist ethos that these women brought to India’s constitutional discourse. By understanding their struggles and victories, we can better appreciate the nuanced dynamics of equality and justice enshrined in the Constitution.
Feminist Contributions to the Constitution: A Historical Perspective
The Feminist Vision Behind the Constitution
Achyut Chetan, in Gender Politics of the Framing of the Constitution (2022), aptly describes the feminist ethos of the founding mothers: “It is through the dynamics of will, consent, and, frequently enough, dissent, that women members carried the feminist movement through and beyond the Constituent Assembly.” This assertion highlights that women were not mere participants but active agents of change, ensuring that every article of the Constitution became a beacon of feminist ideals.
Christine Keating’s Framing the Postcolonial Sexual Contract (2007) further critiques the compromises made during the drafting process. She argues that while the Constitution guaranteed women’s equality in the public sphere, it left personal laws untouched, perpetuating gender subjugation within familial and religious domains. Keating calls this the “postcolonial sexual contract”, a troubling compromise that continues to affect women’s lives.
Building a New Social Order: The Fight Against Patriarchy
A Sceptical Alliance with Ambedkar
The founding mothers aligned closely with B.R. Ambedkar, sharing his critical view of traditional Indian culture, which they recognized as deeply entrenched in Brahmanical patriarchy. Leaders like Amrit Kaur challenged the societal norms dictated by male authority. In 1932, she famously declared that Indian women were no longer willing to submit to moral and ethical standards dictated by male-dominated societies.
This shared vision inspired a collaborative effort to draft a Constitution that would challenge entrenched hierarchies. Yet, despite their relentless efforts, the patriarchal structures they sought to dismantle remain resilient.
Fundamental Rights and the Directive Principles: Feminist Influence
Reimagining Fundamental Rights
The founding mothers envisioned Fundamental Rights as tools not just for limiting state power but also for liberating women from oppressive structures in the private sphere. Hansa Mehta and Amrit Kaur were vocal proponents of a Uniform Civil Code (UCC), arguing that it was essential to counteract the pervasive influence of patriarchal traditions in religion and family life.
- Demand for the UCC: Mehta and Kaur wanted the UCC included as a Fundamental Right to ensure its enforceability.
- Resistance to Unbridled Religious Freedom: They sought to replace the phrase “free practice of religion” with “freedom of religious worship,” fearing that unchecked religious rights could obstruct progressive social reforms, such as the abolition of practices like child marriage and sati.
The Directive Principles: A Feminist Prelude
When the UCC was relegated to the Directive Principles of State Policy, the founding mothers ensured the inclusion of a significant prelude: the state’s duty to apply these principles in governance. This clause gained prominence in the 1980s, influencing constitutional jurisprudence and bringing feminist concerns to the forefront of legal discourse.
Voices of Resistance: Women Who Shaped India’s Constitutional Ideals
Articulating Secularism and Equality
- Begum Aizaz Rasul: A staunch advocate of secularism, Rasul underscored its importance as a cornerstone of the Constitution.
- Hansa Mehta’s Fight Against Religious Overreach: Mehta opposed expansive religious rights, asserting that they curtailed women’s equality. She believed true emancipation required curbing the dominance of religious dogma in societal laws.
Amrit Kaur’s dissent on “Freedom of Religion” remains particularly poignant. She warned that unchecked religious freedoms could invalidate progressive laws like the Widow Remarriage Act and the abolition of sati. Her advocacy emphasized that women’s equality must not be sacrificed at the altar of religious orthodoxy.
The Ongoing Struggle
Despite their efforts, the founding mothers’ vision of gender justice has yet to be fully realized. Kamaladevi Chattopadhyay believed the Constitution heralded a new era of equality for women, but her optimism was short-lived. By 1974, the government’s Towards Equality report concluded that India had failed to deliver on its constitutional promises to women.
| Founding Mothers’ Vision | Modern Realities |
|---|---|
| Equality guaranteed in the Preamble | Gender disparities persist |
| Uniform Civil Code as a tool for justice | UCC remains unimplemented |
| Empowerment through secularism and reform | Patriarchal norms dominate religious laws |
Conclusion: Rekindling the Legacy of the Founding Mothers
The passing of the founding mothers marked a significant loss for feminist constitutionalism in India. While women leaders have risen to prominence in politics, the country still lacks a true feminist stateswoman or jurist capable of fulfilling their unfinished agenda.
The Uniform Civil Code, a visionary proposal of the founding mothers, remains an unfulfilled promise. It stands as a metaphorical cheque drawn in favor of Indian women, dishonored by successive governments despite the legal tools and frameworks at their disposal.
As India reflects on its constitutional journey, it must reclaim the feminist legacy of its founding mothers. Their vision of a just and equitable society demands not just remembrance but action. By championing their ideals, the Republic can move closer to the promises enshrined in its Preamble: justice, liberty, equality, and fraternity for all.
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