India’s Constitutional Promise and Tests of Modern Democracy

Man’s capacity for justice makes democracy possible, but man’s inclination to injustice makes democracy necessary – Reinhold Nielbuhr

Afreen Manzoor

Constitutionalism refers to a system of the government where the government is not too powerful because of various attributes like rule of law, separation of powers (the checks and balances), independent judiciary, fundamental rights and right of self determination as well. These could be regarded as the characters of Constitutionalism.

It signifies that the leaders are accountable and cannot act beyond constitution. It establishes the legal means for the citizens so that they can hold government responsible for their actions. It is being said that Niccolo Machiavelli can be regarded as the Father of Modern Constitutionalism for his work on applying reason to the structure when it comes to the government and the law. When it comes to India, Dr. B R Ambedkar is regarded as the Father of Indian Constitution.

Furthermore, taking the emergence of the Indian Constitutionalism into account, it is a long evolution from indigenous traditions to British Colonial Legal Frameworks and finally to the drafting of the Indian Constitution by the Constituent Assembly.

The key influences include: British Colonial Era- Government of India Act-1935 which introduces a federal structure and provincial autonomy and most importantly The Indian Freedom Struggle.

It is being aired that the level of Indian Constitutionalism is deterring with the concerns raising on democratic norms and challenges concerning fundamental rights. The Indian Constitution has paved way for the liberal democracy but in recent years there is shift towards majoritarianism, dominance of the executive and rise of the populist leaders in Indian Political System. According to the Freedom House “Freedom in 2025” country report on India- Due-process rights are not consistently upheld e.g., chronic under resourcing and corruption. What is happening is that the gap between the formal structure and the real practice is all together different. Weak transparency measures in appointment of public officials, increasing executive domination and delay in due process is making the whole context of Indian Constitutionalism a mere term if current scenario is taking into the consideration.

There are various challenges that the Indian Constitutionalism is currently facing:

Weak Institutions: The key institutions in Indian Democratic System like Election Commission is accused of acting in a very partisan manner favouring the ruling party example, Voter roll revision in Bihar. The Election Commission of India launched SIR of the electoral rolls in Bihar, targeting the registered 80 million registered voters, with only five weeks to verify the citizenship and the other desired eligibility.

Erosion of Secularism: over the years, the amendments like CAA and NRC have demeaned the secular ideal of World’s largest Democracy that is India.

Attack on the Fundamental Rights: Civil and Political rights were regarded as essential for the individual’s development but are in danger with recurrent application of acts like UAPA and TADA.

Majoritarianism and Cultural Nationalism: Critics also highlight the fact that there is arise of the cultural nationalism in India. There are such instances where religious-cultural identity is given more value than constitutional ideals.

Therefore, a question arises and that is How to Improve the Constitutionalism in India?

• Strengthening the Institutional autonomy: ensure that constitutional bodies like ECI and other agencies should act without any interference and influence.
• Separation of powers: the legislature, executive and judiciary should act as per due procedure of law as per constitutional boundaries.
• The regional diversity, local cultural, local languages and customs should be protected and given due importance as per Indian Constitution.
• Free and Fair Media: the media agencies should be free. There should be no censorship, no raids. They should be allowed to act independently without interference.
• There should be inclusive standards when it comes to policy making. True constitutionalism requires inclusion of all the sections of society from women to poor to minorities. All the sections of society should be free to act and included into decision making process.

For a country like India, in order to achieve heights and embark progress, Constitutionalism needs to become a living example rather than a legal framework. The true essence of Constriction of India should be carried ahead in the best manner possible. Strengthening democratic institutions, promoting accountability, ensuring inclusiveness and nurturing a culture of constitutional awareness, the process of transformation can be carried ahead with a progressing society and prospering governance.

All in all, we can say that the Constitution of India should not only govern the state but should at the same time guide the conscience of the country in its best way. With this, India can carry ahead its legacy as Liberal Democracy ensuring that progress never comes at the cost of constitutional values.

The author is Pursuing MA Political Science, School of Social Sciences, University of Kashmir. She can be reached at afreenmanzoor121@gmail.com