R-Day, Customs Day and limits to executive power

Forme, Republic Day is not merely military parades and pageantry, but a strong reminder that India chose to be governed by laws rather than by unchecked will of those in power.

- TNC RAJAGOPALAN

When the Constitution of India came into force on January 26, 1950, it deliberately restrained the executive, insisting that authority be exercised within clearly defined legal boundaries. It is a matter of coincidence that January 26 is also observed globally as International Customs Day, bringing into focus the role of an institution that polices the country’s borders.

Customs administrations operate at the frontline of sovereignty. ‘They regulate the entry and exit of goods and people at ports, airports and land borders, collect revenue, prevent smuggling, enforce prohibitions and restrictions under multiple laws, and act as a strong deterrence against trade in narcotics, money laundering and transnational crime. Yet few other agencies can so immediately disrupt commerce or personal liberty, detain goods, initiate investigations, impose punishments etc., often on the basis of executive satisfaction. Customs thus offers a revealing lens through which to examine anxieties about executive overreach.