Constitution reminds us that national oneness comes through addressing inequalities: Manoj Kumar Jha

The words “We the People” at the start of our Preamble carry deep meaning for Indian society. These simple words tell us that our Constitution comes from all of us, not from any king or ruler. The Preamble’s message is that peace comes from understanding we are one people with a shared future.

However, the journey of the Indian Constitution, despite remarkable achievements, has not entirely lived up to expectations because of a combination of factors rooted in the evolving sociopolitical landscape, governance challenges, and the gap between ideals and implementation. The ruling regime’s infatuation for authoritarian politics significantly undermines the idea of “We the People” as envisaged by members of the Constituent Assembly.

YOUNG INDIA’S CONSTITUTION

The society that the Constitution envisioned is different from the one today. India is now much more urbanised, diverse and interconnected. But, discrimination continues and income inequality is rising. In recent times, young Indians have wielded copies of the blue-and-red-bound Constitution as powerful symbols while protesting against ill-conceived government policies as well as the increasing everyday violence unleashed with impunity by well-protected vigilante groups.

Young people have also powerfully merged B.R. Ambedkar’s imagery in their rights-based movements. The slogan “Jai Bhim, Jai Samvidhan” has become ubiquitous at protests, linking Ambedkarite thought with constitutional values. No wonder young people across the country were shocked and disturbed by insensitive utterances made by senior ruling party members in Parliament on Ambedkar’s legacy. It proved the opposition’s charge that the government has scant regard for the Constitution and constitutional values.

A THOUSAND CUTS

The current regime has relentlessly chipped at the Constitution and the constitutional framework over the last decade. Even without touching the Constitution, they have dealt it several body blows and a thousand cuts, effectively undermining it in various ways. These include the abrogation of Article 370 without adequate consultation with the people of Jammu and Kashmir, the Citizenship Amendment Act’s religion-based criteria for citizenship, the repealed farm laws passed without proper parliamentary debate, enabling anonymous political donations (electoral bonds), thereby potentially undermining transparency and democratic accountability, the centralisation of power through policy orientations of ‘cooperative federalism’ thus affecting the federal structure enshrined in the Constitution and changes to the governance of Delhi that diminished the elected government’s powers. States increasingly report reduced fiscal autonomy and curtailed decision-making powers. Ultimately, it is the people who suffer. The present Union government punishes citizens for political setbacks in the states.

The use of Central agencies like the Enforcement Directorate and the Central Bureau of Investigation against opposition leaders and critics is designed to harass and create a chilling effect. The use of the sedition law and the Unlawful Activities (Prevention) Act against dissenters, journalists and activists has been criticised for curbing rights of speech and expression. The appointment processes for constitutional bodies like the Election Commission of India and the National Human Rights Commission have seen reduced consultation, potentially affecting institutional autonomy guaranteed by the Constitution.

PARTICIPATORY DEMOCRACY

Understanding the Constitution helps young people become active and empowered citizens. Young people, we must remember, do not struggle merely for themselves but for other sections of society, too. They catalyse social and political movements as they believe they have a responsibility and a stake in the country’s future. Freedom of expression is therefore a concern, especially in universities. Some students and young activists say they face pressure when discussing government policies.

Employment-related policies have seen a lot of debate. And, the strained relationship between opposition party-ruled states and the Union government affects development funds reaching young people in those states. This impacts education, job training and other youth-focused programmes. Changes in labour laws have raised questions about whether they follow constitutional principles of workers’ rights. However, supporters of current policies argue that changes are needed for development and security. The courts continue to review many of these issues.

CONSTITUTION AND PEDAGOGY

Engagement with the Constitution can start as early as in schools and continue all the way to higher education. Teachers can connect constitutional goals such as reducing inequality with real issues students see around them. For example, how government schemes for poor and marginalised communities come from constitutional principles of social justice. There is a lack of understanding around these issues.

My background is in social work. The Constitution is a brilliant framework for social work education and grassroots movements. Understanding it helps students of social work grasp the fundamental rights of marginalised communities they work with. For social movements, the Constitution provides legal ammunition and moral authority. The Constitution’s transformative vision, particularly its emphasis on social justice, guides movement strategies. Moreover, constitutional literacy helps social workers and activists frame community issues within a rights-based approach rather than a charity model. It makes beneficiaries rights-holders, enabling them to demand their entitlements of the state.

CONSTITUTION AND HEALING

The Constitution offers a profound roadmap for healing our society. Its Preamble’s vision of fraternity provides a framework for bridging communal and social divides. The document champions what scholar Upendra Baxi calls “constitutional morality” over majoritarianism. Our Constitution’s unique feature is how it addresses social justice alongside political rights. Ambedkar designed it to be both a legal document and a social reform manifesto. For instance, Article 17’s abolition of untouchability tackles not just legal discrimination but social prejudices. This approach can guide us in addressing today’s social tensions. The Constitution’s emphasis on protecting the minorities offers a counter-narrative to the contemporary politics of polarisation and violence.

The Constitution’s promise of “justice, social, economic and political” reminds us that national unity comes through addressing inequalities, not enforcing uniformity. Let us remind ourselves what Ambedkar emphatically said many times: democracy is not merely a form of government, it is primarily a mode of associated living, of conjoint communicated experience. Let us assess where have we reached on these parameters.

Manoj Kumar Jha is member of the Rajya Sabha from the Rashtriya Janata Dal