On the 26th of November 1949, India officially adopted its constitution and the laws within it. In the popular image, the constitution is viewed as a divine document that grants our rights to living in harmony. But in recent years, many have started to question the status of the constitution amidst rises in social hostilities and democratic backsliding. The status of the constitution was explored by 3 scholars particularly in a legal and political context in a panel on the 25th of November at Krea University.
The Associate Professor of Politics Sambaiah Gundimeda stressed on the importance of religious freedom in the constitution. While the constitution focuses on defending religious freedom for individuals, constitutions also grant states a degree of autonomy which have often been abused by state governments. Gundimeda pointed towards the passing of anti conversion laws attempting to restrict interfaith marriage predominantly BJP run states with the most recent being in Karnataka in 2022 under CM Bommai, which would later be revoked in June 2023 by CM Siddharamaiah. Gundimeda further commented that religion and especially religious conversion have been heavily politicised with the help of leaders such as the RSS’, Mohan Bhagwat and state intervention implying it as problematic to constitutional values.
Legal expert Akila RS, focused on the right to dissent especially in the context of judicial powers in states, and public order as an excuse to stifle the right to dissent. RS would particularly highlight the examples of Andhra Pradesh and Tamil Nadu, that despite their seemingly peaceful environments, demonstrations were often met with retaliation. One of the most notable obstacles she would point towards is the involvement of the judicial system in restricting where to protest pointing to Marina Beach being closed after the Jallikattu protests of 2017, with generations of citizens allowing lawyers to take the law into their own hands rather than citizens having a full understanding of the law, this has given leeway for often mixed interpretations and even legitimacy of sedition laws towards members of civil society.
Professor of Politics Bishnu Mohapatra focused on the constitution through the lens of democracy and inequality. How constitutional values clashed with pre-existing societal structures and implied how many civilians across India haven’t been educated or been aware of their constitutional rights and liberties granted by the constitution. From this background, it was rationalised that the lack of knowledge amongst national audiences, established an environment of ignorance and allowed authoritarian leaders to defend their leadership and rise to power in the name of constitutional values.
Further queries into the involvement of technology and the establishment of defined boundaries of the constitution especially in laws such as AFSPA to defence of civil liberties, revealed social undertones towards the constitution’s status. Societal knowledge on the constitution was seen as the most important point in upholding status, rather than leaving the constitution to lawyers and ruling governments themselves. When basic rights and freedoms aren’t known to a population, it is indicated that priceless structures like democracy will erode.
P.C. -
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