Indian Constitution at 75: Defending ideals amidst erosion

A defining challenge in contemporary India is the systematic undermining of secularism, a bedrock principle of the Constitution

By Ravindra Garimella and Amal Chandra

As India commemorates the 75th anniversary of the adoption of its Constitution, this is an ideal moment to reflect on its ideology. The Constitution, adopted on Nov 26, 1949, and enacted on Jan 26, 1950, forms the foundation of India’s democratic ethos, enshrining ideals of justice, liberty, equality, and fraternity in the Preamble—a vision crafted by the 284 members of the Constituent Assembly.

This commitment was articulated in a solemn midnight pledge taken by the Assembly on Aug 14, 1947, during which Pandit Nehru, in his iconic “Tryst with Destiny” speech, called upon members to dedicate themselves “to the service of India and her people,” and to ensure that India would “attain her rightful and honoured place in the world” while promoting ‘’peace and welfare for all humanity’.

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The Constitution was a bold and progressive blueprint for post-colonial India, designed not only as a legal document but as a moral guide to ensure equal rights and opportunities for all citizens. As one of the world’s longest and most detailed, it embodies India’s pluralistic values and has withstood over a hundred amendments to remain relevant. However, its adaptability has raised questions about its effectiveness and fidelity to its original spirit.

Today, we must ask ourselves: have we remained true to the Constitution’s principles, or have symbolic gestures overshadowed genuine adherence? Let us reflect on Dr Ambedkar’s words: “However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good.”

Justice and liberty in crisis

India’s Constitution enshrines “justice—social, economic, and political” as a cornerstone, but economic inequality persists, with the richest 10% controlling over 77% of national wealth. Between 2018 and 2022, India saw the emergence of 70 new millionaires daily, while billionaires’ fortunes grew nearly tenfold.

Social justice remains elusive, as Dalits, Adivasis, and marginalized groups face systemic discrimination and violence, despite constitutional safeguards. Liberty, a fundamental constitutional tenet, is increasingly compromised, as restrictions on freedom of expression, the press, and dissent intensify.

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India’s rank in the 2024 World Press Freedom Index has fallen to 159 out of 180. This erosion of rights, masked by performative patriotism-where overt displays of loyalty—renaming streets, and invoking the Constitution in rhetoric—conceal actions that undermine the nation’s founding ideals.

Equality in theory, but not in practice

The Constitution’s commitment to equality is clear and unequivocal, yet the persistent economic and social disparities continue to undermine this vision. Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth, laying a strong foundation for an inclusive society.

However, gender inequality remains deeply entrenched, with women markedly underrepresented in both political and economic arenas. Despite making up nearly half of India’s population, women are underrepresented in Parliament. The recently passed Women’s Reservation Bill aims to address this imbalance, but its effectiveness in fostering genuine change remains uncertain. Moreover, statements from political leaders downplaying the existence of patriarchy reflect a troubling denial of the structural barriers women face.

Moreover, caste-based inequality endures despite legal frameworks aimed at its eradication. Dalits and other marginalized communities continue to face systemic exclusion from education, employment, and social opportunities, with discrimination persisting in both urban and rural contexts. Without sustained and comprehensive efforts to rectify these disparities, the constitutional guarantee of equality risks remaining an unachieved ideal.

Erosion of secularism and fraternity

A defining challenge in contemporary India is the systematic undermining of secularism, a core principle that forms the bedrock of the Constitution. The framers envisioned a state that respects all religions equally, embodying Jawaharlal Nehru’s idea of a “neutral, democratic state.” However, communal polarization, religious intolerance, and exclusionary rhetoric have led to the alienation of religious minorities, particularly Muslims.

The trend of religious majoritarianism has fueled marginalization, directly challenging the concept of fraternity, which calls for unity and brotherhood among India’s diverse communities. Fraternity, enshrined in the Preamble, is essential to India’s national identity; however, caste conflicts, regional tensions, and escalating communal divisions threaten to erode this foundational spirit.

As Hindu identity is increasingly conflated with Indian identity, the very fabric of national unity and integrity is put at risk. To safeguard both secularism and fraternity, a concerted effort is required from both the government and the citizenry—through policies and societal commitment to fostering tolerance, empathy, and inclusivity—bridging the deepening divides that threaten the nation’s core values.

Safeguarding constitutional morality in governance

Constitutional morality, as Dr Ambedkar emphasized, entails adherence to the core principles of the Constitution in governance. However, India has seen a rise in populism and majoritarianism today, with elected leaders straying from these ideals. The Constitution envisions checks and balances, with Parliament being central to lawmaking and oversight.

Yet, under the current regime, key legislations are passed with minimal debate, and ordinances bypass democratic processes, eroding representative democracy. The judiciary also faces challenges, with case backlogs and threats to its independence. Additionally, while the Constitution grants rights, citizens often overlook their fundamental duties, weakening civic responsibility and the democratic fabric. A culture of constitutional literacy is crucial to align actions with its principles.

Rekindling the constitutional spirit

On this Constitution Day, it is quintessential to remember that the strength of a constitution lies not merely in its words but in the commitment of its people to uphold its spirit. The challenges facing Indian democracy are substantial, but they are not insurmountable. The Constitution, after all, was designed to be a living document, capable of adaptation to meet the evolving needs of society, however, these reforms should not compromise its core values.

The tendencies of performative patriotism in the country extend to systematically suppressing dissent and casting criticism as disloyalty. In a democracy, dissent is a fundamental right, yet activists, journalists, and academics are increasingly targeted with sedition and UAPA charges for challenging the government. Labelling critics as “anti-national” twists the Constitution’s vision, which protects freedom of speech as essential to accountability and democratic participation.

India’s Constitution Day should serve as a reminder that the responsibility to uphold constitutional values rests with each one of us. For India to truly live up to its identity as a democratic republic, all stakeholders—from lawmakers and judiciary to ordinary citizens—must actively work to bridge the gap between constitutional ideals and the realities of everyday governance.

Seventy-five years on, the Constitution remains India’s greatest achievement and its most powerful tool for social transformation. As we reflect on its legacy, let us renew our pledge to honour its values—not merely in rhetoric, but through action. Only then can we hope to fulfil the aspirations of those who drafted this remarkable document and to continue building a nation that truly embodies the ideals enshrined within it.

(Ravindra Garimella is an author and expert in parliamentary affairs, who served as a Joint Secretary at the Lok Sabha Secretariat. Amal Chandra is an author, political analyst, and columnist.)