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Reflections On the Constitution

November 28, 2024

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The Statesman

Constitution Day, celebrated on November 26, holds immense significance in India and beyond not only because it marks the historical event of the adoption of the country's Constitution but also because the text of the "highest law of the land" resonates with our quotidian aspiration and further encourages continuous negotiation in the public sphere for reshaping India's governance framework.

- GOURI SANKAR NAG AND MANAS MUKUL BANDYOPADHYAY

Reflections On the Constitution

That's why it serves as a model of constitutionalism in the broadest sense, emanating from the jurists, but remains amenable to reforms through multiple negotiations.

To understand whether the provisions outlined in a constitution are accurately reflected in its real-world political landscape, we need to reflect upon the situation critically. This analysis involves examining the discrepancies between the idealized version of governance outlined in the Constitution and the practical implementation of its canonical principles. It requires considering factors like implementation gaps, socio-cultural context, institutional effectiveness, citizen engagement etc. In other words, theoretically, a democratic constitution is vox populi, vox dei but in real life how far we are constrained by the majority remains as a matter of complex negotiation and injects a sense of probing and reckoning into whether the spirit of the Constitution is truly reflected in the country's complex political reality.

India's "rights revolution" denoting the enactment of several landmark rights during the first one and half decades of the new millennium has been a remarkable feat cum master stroke, transforming the country into a more inclusive and equitable society. Since independence, India has made significant strides in recognizing and protecting citizens' rights. The introduction of the Right to Information (RTI) Act in 2005 was a notable milestone, ensuring citizens' access to government information and promoting transparency and accountability. This was followed by other landmark legislations including the Right to Education Act in 2010, guaranteeing free and compulsory education for children aged 6-14, the National Food Security Act of 2013 providing subsidized food grains to vulnerable populations, thus further expanding the social safety net.

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