Syllabus: Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Indian Constitution Ahead of Its Time
- India adopted universal adult franchise in 1950, even before the U.S. and Australia ended voting exclusions.
- Addressed caste hierarchy from inception through Articles 15(2), 17 and 23, targeting discrimination, untouchability and bonded labour in both state and private spheres.
- Institutionalised affirmative action for SCs/STs in 1950, far earlier than U.S. or South African frameworks.
- Recognised that social power exists beyond the state in caste groups, communities and local hierarchies, requiring constitutional restraints.
India vs Western Constitutional Models
- Western constitutions primarily restrict state power; India extended rights to shield citizens from societal oppression, particularly caste-based exclusion.
- Western democracies initially lacked group-differentiated protections; India guaranteed minority cultural and educational rights under Articles 29–30.
- Anti-discrimination provisions emerged in the West in the 1960s–70s, whereas India embedded them in Articles 14–17 from the outset.
- India fused liberal rights with transformative reform, using Directive Principles, affirmative action and socio-economic restructuring.
Evolution Since 1950
- Article 21 expanded into rights to privacy (Puttaswamy), environment (Subhash Kumar), education (Mohini Jain) and legal aid (Hussainara Khatoon).
- Basic Structure Doctrine (1973) protected democracy, secularism, judicial review and federalism from arbitrary amendments.
- Social justice progressed through Mandal reforms, 77th and 103rd Amendments, and debates on OBC sub-categorisation.
- Rights expanded for minorities, persons with disabilities, transgender persons and privacy rights.
- Federalism strengthened through GST Council jurisprudence, cooperative federalism and post-liberalisation reforms.
Contemporary Challenges
- Persistent caste discrimination, manual scavenging and residential segregation.
- Growing executive dominance risks weakening independent institutions.
- Preventive detention laws retain wide coercive power.
- Tensions between religious freedom and gender justice remain unresolved.
- Digital surveillance and weak data protection threaten privacy.
- Rising majoritarian narratives strain constitutional pluralism.
Way Ahead
- Strengthen institutional autonomy with transparent appointments and fixed tenures.
- Expand constitutional literacy across educational platforms.
- Update privacy and digital governance laws aligned with Article 21.
- Enact stronger anti-discrimination measures across sectors.
- Promote participatory federalism and safeguard minority rights.