A Time To Articulate New Constitutional Ideas For India

Relevance: GS2 - Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Modern Indian history from about the middle of the eighteenth century until the present- significant

events, personalities, issues.

(Source: The Hindu, 10/03/2023)

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Why in the news?

This article discusses whether it is necessary to articulate a vision of what new constitutional ideas India needs based on the existing Constitution and Gandhian ideas which were earlier rejected as too radical.

Hind Swaraj: Gandhi's vision for an indigenous constitution

• In 1908, Mahatma Gandhi presented an account of what the Constitution of independent India would look like.
• He opined that India could become independent but would not achieve swaraj unless the Constiution was decolonized.
• Unless this was done, India would get itself a new democratic government following the departure of the English but the nature of government itself would not change.
• He referred to it as “English rule without the Englishman”, and claimed that it would be “not Hindustan but Englistan”.

What are the ideals Gandhi suggests for the Constitution?

• Decentralization: According to Gandhi, a swaraj constitution would ideally be based on ancient village republics instead of a centralized government in Delhi.
• Economy: Gandhi recommended an economy based on ordinary Indians producing enough to be self-sufficient, with the surplus being traded at local markets.
• Unity: In his vision, India would be united because Indians themselves considered it their duty to create a nation out of a people and not on the basis of constitutionally granted rights.

Attempts to develop a Gandhian Constitution

• Two attempts have been made to create a framework of the Constitution inspired by Gandhi.
• Swaraj Constitution: It was drawn up by a delegation from Aundh with inputs from Gandhi.
  • It was experimented with for a ten-year period in what is known as the “Aundh Experiment.”
• Gandhian Constitution for Free India: Shriman Narayan Agarwal was entrusted with drafting a Constitution to implement the principles espoused in Hind Swaraj.
  • However, the “Gandhian Constitution for Free India” which was published in 1946 was more of a moral code than a legal text.
  • It stated that the rights to personhood, liberty and equality would be dependent on a duty to be faithful to the state, which was criticized as it could become a tool for oppression by the state.
  • Although it was ratified by Gandhi, it does not encompass all Gandhian ideas but rather emphasizes “non-violence” and “decentralization” as the two pillars of a Gandhian Constitution.

Ambedkar's vision and the drafting of the Indian constitution

• In contrast to Gandhi's vision, B.R. Ambedkar, who was appointed as the Chairperson of the Drafting Committee, advocated for a strong central state machinery to ensure law and order.
• Ambedkar and like-minded leaders felt that there was a need for a constitution which stipulated
  • Centralized state machinery to ensure law and order was implemented throughout the country
  • Separation of powers to prevent overreach
  • Fundamental rights in recognition of the campaign for universal human rights for all.
• Economy: Ambedkar emphasized on the need for economic management and state control of the industry in order to ensure the common good.
• Fundamental rights: Ambedkar’s envisioned Constitution would eliminate feudalism, sectarianism, and casteism that had plagued India for centuries by ensuring each individual received the fundamental rights to life, liberty and equality.

Did Gandhiji agree with Ambedkar’s vision?

• Gandhi expressed disagreement with the constitutional ideas expressed by Ambedkar but recognized that these ideas enjoyed popular support and consensus.
• Western consitution: Gandhi described the Constitution envisioned by Ambedkar as “entirely Western”.
  • However, he also acknowledged the prospect of consensus that guided it.
• State: Gandhi belived that Ambedkar’s central and powerful state would be too distant from the people.
• Economy: Gandhi recommended self-sustaining villages based on agriculture and cottage industry as the way forward while Ambedkar argued for state control of the economy.
• Historical evils: Unlike Ambedkar’s belief in eliminating social evils through the provision of fundamental rights, Gandhi believed that history could not be undone by a policy document such as a constitution.
  • He believed that society could only be changed if individuals changed themselves, which is evident in his famous words “You must be the change you want to see in the world.”

To learn more about the ideological differences between Ambedkar and Gandhi, click the link.

Gandhian influence on the Constitution

Gandhian DPSPs

• Article 40: Organize village panchayats and empower them to function as units of self-government.
• Article 43: Promote rural cottage industries on an individual or co-operation basis.
• Article 43B: Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies
• Article 46: Promote the educational and economic interests of SCs, STs, and other weaker sections of society and protect them from social injustice and exploitation
• Article 47: Improve public health of its citizens and prohibit the consumption of intoxicating drinks and drugs.
• Article 48: Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds.

Implementation

• Panchayati Raj System: The 73rd Constitutional Amendment Act, 1992 fulfilled the constitutional obligation mentioned in Article 40.
  • It introduced the three-tier ‘Panchayati Raj System’ at the Village, Block, and District levels across the country.
• Cottage Industries: In order to fulfill the directive of Article 43, the government has established several Boards such as the Village Industries Board, Khadi and Village Industries Commission, All India Handicraft Board, Silk Board, Coir Board, etc.
  • These entities provide finance and marketing assistance to cottage industries.
  • The One-District-One-Product Scheme has also helped cottage industries.
• Cooperatives: The Giovernment has established a National level committee to formulate the New Cooperation Policy to create an enabling ecosystem to realize the vision of ‘Sahakar-se-Samriddhi’.
• Disadvantaged sections: Scholarship programmes, subsidies for minority run institutions and the Right to Education Act, 2006 are some steps taken by the government to implement Article 46.
• Health and nutrition: The government has implemented programmes such as the National Health Mission, Pradhan Mantri Gram Swasthya Yojana (PMGSY), and the Mid-Day Meal Scheme in order to achieve the objective of Article 47.
  • These schemes target underprivileged sections to improve public health and nutrition.
  • The government has enacted the Drugs and Cosmetics Act, 1940; the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985; and the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS), 1988 to regulate and prohibit the manufacture, distribution, possession, and consumption of drugs.
• Animals: The Government has implement the Prevention of Cruelty to Animals Act, 1960 to prevent unnecessary suffering on animals.

To know more, click the link.

Reflecting on constitutional ideals

• India’s constitution was created in 1950 when India was a young nation enriched with its newfound freedom.
• However, Gandhi’s Hind Swaraj was written in 1908 when the nation was in flux due to the socio-political upheavals in the country.
• It is imperative to revisit constitutional ideas which must balance the Gandhian and Ambedkarite perspectives.
• This can be done by incorporating the Gandhian ideas which were considered too radical with the existing provisions of the Constitution.
• This does not mean a return to pre-modern Gandhian ideals but a vision that aligns with contemporary India's needs and the goal of upholding good governance while staying rooted in Indian values.

Conclusion

• As India continues to evolve and decolonize, it is necessary to make a critical examination of the Constitution which draws on the profound insights of Gandhi and Ambedkar and contemporary perspectives.
• The Constitution should remain a dynamic document that evolves with time and upholds the principles of justice, equality, and progress in the spirit of being Indian.

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FAQs

MCQs

Question: Match List-I with List-II and select the correct answer (UPSC CSE 1996)

List-I List-II

1. Surendranath Banerjee 1. Hind Swaraj
2. M.K. Gandhi 2. The Indian Struggle
3. Subhash Chandra Bose 3. Autobiographical Writings

4. Lajpat Rai 4. A Nation in Making

Codes:

(a) A – 4; B – 1; C – 3; D – 2

(b) A – 1; B – 4; C – 3; D – 2

(c) A – 4; B – 1; C – 2; D – 3

(d) A – 1; B – 4; C – 2; D – 3

Question: The Gandhi-Irwin Pact included which of the following? (UPSC CSE 2020)

1. Invitation to Congress to participate in the Round Table Conference
2. Withdrawal of Ordinances promulgated in connection with the Civil Disobedience Movement
3. Acceptance of Gandhi’s suggestion for enquiry into police excesses.
4. Release of only those prisoners who were not charged with violence.

Select the correct answer using the code given below

(a) 1 only

(b) 1, 2 and 4 only

(c) 3 only

(d) 2, 3 and 4 only