Balancing Constitutional and Civilisational Values

Context
On Constitution Day, the Prime Minister emphasized the Indian Constitution as a “living, continuously flowing stream,” prompting reflection on whether it remains rooted in colonial legacies or embodies India’s civilisational ethos.

Key Features of India’s Constitution

1. Living Document
   • The Constitution adapts and evolves in response to the aspirations of a dynamic and diverse nation.
2. Civilisational References
   • The Constituent Assembly debates acknowledged India’s 5,000-year-old civilisational history, emphasizing values like diversity, tolerance, and unity.
3. Guiding Principles
   • Nehru’s Objective Resolution and contributions from leaders like Syama Prasad Mookerjee underscored a balance between ancient traditions and modern governance.
4. Global Best Practices
   • The Constitution integrates parliamentary democracy, federalism, and fundamental rights, tailored to India’s unique socio-political conditions.

Constitution as a Living Document

1. Unity in Diversity
   • It governs a pluralistic society while safeguarding civilisational values such as tolerance and inclusivity.
2. Modern State Building
   • Facilitated India’s transition from colonial rule to a republic with elected representatives and a codified framework of rights and duties.
3. Balance of Power
   • Ensures separation of powers among the legislature, executive, and judiciary, promoting accountability.
4. Rule of Law
   • Establishes governance based on justice, liberty, and equality.
5. Flexibility
   • Its adaptability is reflected in the numerous amendments made to address contemporary challenges.
6. Reflection of Dharmic Traditions
   • The Constitution incorporates India’s ancient ethos of religious tolerance and justice.

Constitution as a Colonial Legacy

1. Continuation of Colonial Structures
   • Some view the Constitution as a continuation of colonial ideologies disguised as constitutional morality.
2. Civilisation vs. Constitution Debate
   • There is ongoing tension between preserving India’s civilisational identity and adhering to Western constitutional frameworks.
3. Misinterpretation of Secularism
   • Secular governance is often misinterpreted as undermining traditional cultural and religious values.
4. Civic Nationalism
   • Replacing indigenous values with Western ideals has weakened India’s civilisational memory.
5. Incomplete Decoloniality
   • Political independence did not fully decolonize the Indian psyche or governance structures.

Way Forward

1. Strengthen Civilisational Consciousness
   • Integrate India’s cultural ethos with constitutional principles to foster unity without compromising diversity.
2. Balanced Reforms
   • Address colonial remnants in governance while preserving the Constitution’s core values.
3. Promote Constitutional Literacy
   • Educate citizens about the spirit and intent of the Constitution to dispel misconceptions and build respect for democratic institutions.
4. Inclusive Policy Making
   • Ensure equitable representation of all communities, including indigenous groups, in democratic processes.
5. Learning from Best Practices
   • Draw lessons from historical examples like the Irish Free State and American democracy, while recognizing India’s indigenous democratic traditions, such as Adivasi governance systems.
6. Comparative Secularism
   • The Hindu Mahasabha’s 1944 Constitution, which rejected the concept of a state religion, aligns with India’s secular framework and offers insights into balancing religion and governance.