By the Book

Does the Constitution keep its promises?

The members of the Constituent Assembly, responsible for promulgating the Constitution, were overwhelmingly Hindu, dominant-caste men. bert hardy/picture post/getty images
01 May, 2019

WHAT MAKES INDIA SO DISTINCT? No other country matches the scale of its religious, linguistic and ethnic diversity. India’s racial heterogeneity is exceeded by only a handful of West European and New World countries—the result of, among other factors, colonial-era experiences of conquest, the slave trade and resettlements, as well as post-colonial migrations from the global South to the North. But while systems of exclusion predicated on notions of purity and impurity have been widespread across societies—solidified through kinship networks, status hierarchy and endogamy—nowhere else in the world does there exist a system of such extreme gradations of human worth as the caste system.

India was not the only former colonial country that opted for a liberal-democratic political set-up following Independence. Even so, the enormity of its territorial expanse, population, social diversity and economic backwardness made it unique among democratic states. In the West, universal suffrage was extended to women and all races long after large-scale industrial and economic advancement had taken place. India, under vastly different circumstances, erected a political framework based on democratic principles—and barring the 21-month Emergency, it has sustained this framework so far. It is part of the reason why the Constitution, since its promulgation in 1950, commands such widespread admiration.

But now, almost seventy years later, the country is in the midst of a general election that threatens to return to power an organ of the Sangh Parivar—a group that has, in word and deed, demonstrated its antipathy to the progressive elements that exist in the Constitution. In light of this, it is time to open a more critical debate on the foundational charter of the republic.

Any evaluation of the Constitution cannot but be influenced by the political beliefs of the evaluator. Unlike liberals or social democrats, I believe that a more just, free, egalitarian, democratic and ecologically sustainable country and world can only come about through the transcendence of capitalism and its associated political forms. I would contend that even a liberal democracy, in the pursuit of such a country and world, soon runs up against insurmountable limits. The belief that today’s neoliberal capitalist order and the restricted freedoms and social benefits it allows can be substantially extended, or that its great inequalities of wealth and power can be dramatically reduced, is wishful thinking. The guiding vision for judging the Constitution, in my view, should be one of a highly democratic and anti-bureaucratic socialism. But even those who do not share my vantage point may be persuaded to find that, after assuming the best standards said to be contained in the document—social justice and welfarism, liberal democratic freedoms, secularism—the Constitution is wanting.