Seventy-Six Years On: Has the Constitution Failed Us, or Have We Failed It?
As India commemorates 76 years as a Republic, the foundational query posed by the celebrated jurist N. A. Palkhivala—Have we failed the Constitution, or has the Constitution failed us?—resurfaces with piercing urgency.
Our Constitution, a meticulously crafted document enshrining the values of Justice, Liberty, Equality, and Fraternity, is often celebrated as the world’s most comprehensive. Yet, a dispassionate look at the state of the Republic reveals profound cracks in the edifice it was meant to sustain. The answer, as this article argues, lies in a devastating interplay of institutional negligence and political expediency, compounding human failures onto structural stresses.
The Charge Sheet: How We Have Failed the Constitution
The Constitution is only as effective as the moral compass of those who wield its power. On this count, the evidence overwhelmingly points to a systemic failure by the political class and, crucially, by the citizenry.
* The Enduring Stain of Inequality: Despite constitutional remedies, socio-economic disparities mock the guarantee of equality. The caste system remains a stark reality. While Article 17 abolished untouchability, National Crime Records Bureau (NCRB) data consistently shows thousands of registered crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) annually, often including grave offenses. Furthermore, economic inequality is stark: a 2023 report indicated that the top 1% of India’s population owns over 40% of the country’s total wealth, widening the chasm between the constitutional ideal of an egalitarian society and the lived experience of the majority.
* Erosion of Political Integrity: The rise of ‘criminalization of politics’ is a direct subversion of the democratic ideal. The percentage of Members of Parliament (MPs) with declared criminal cases has steadily risen across election cycles. This trend, coupled with widespread electoral corruption and the pervasive use of money power, undermines the fundamental principle of free and fair representation.
* The Crisis of Institutional Independence: The integrity of independent bodies—the checks and balances—is paramount. The judiciary, despite its moments of activism, battles a colossal backlog, with millions of cases pending, effectively making justice an unreachable goal for the poor. Similarly, the Election Commission and other oversight bodies have frequently faced allegations of exhibiting a regime bias, thereby diluting their constitutional mandate as neutral arbiters.
* The Spectre of Social Polarization: The Preamble’s commitment to Secularism and Fraternity is perpetually under strain. Recent decades have seen a rise in communal rhetoric and social friction, often resulting in tragic violence. The failure to adequately safeguard minority rights and promote harmonious co-existence exposes a failure of political will to uphold the spirit of the Constitution.
* Citizen Apathy and Duty Defiance: Article 51A lists Fundamental Duties, such as promoting harmony and safeguarding public property. Yet, citizen participation often remains limited to the ballot box, and the active commitment required for a vibrant democracy—holding power accountable, respecting diversity, and conserving the national environment—is frequently absent.
The Structural Stress: Has the Constitution Unduly Burdened Us?
While human failure is evident, critics argue that certain structural choices within the Constitution have amplified these problems, making the document itself less responsive to India’s unique socio-political terrain.
* The Federal Imbalance: The Constitution is often described as “federal in form but unitary in spirit.” The over-centralization of powers in the Union, exemplified by the extensive use of Articles 356 (President’s Rule) and the concentration of critical revenue streams (e.g., the Goods and Services Tax, GST) at the Union level, has undermined the true spirit of federalism, leading to friction and marginalization in diverse, regionalized states.
* Ambiguity and Misuse of Provisions: The incorporation of colonial-era laws and ambiguous clauses has created legal loopholes susceptible to abuse. The infamous use of Preventive Detention laws, and the chilling effect of the 1975-77 National Emergency, illustrate how provisions originally intended for national security can be weaponized to curb fundamental freedoms (as guaranteed in Article 19 and 21).
* The Burden of Judicial Delay: While the Supreme Court is the ultimate guardian of the Constitution, the entire judicial system is choked. The sheer volume of pending cases, coupled with a low judge-to-population ratio, means the constitutional right to a speedy trial is often denied. This structural hurdle effectively makes constitutional protection a luxury, not a right, for the common citizen.
The Path Forward: Commitment, Not Blame
The Constitution of India, at its core, remains a magnificent and resilient document—a testament to the idealism of its framers. It is not its letter but its spirit that is being continuously violated. The fundamental crisis is one of constitutional morality, a term Dr. B. R. Ambedkar stressed, which requires political actors to adhere to the norms of the Constitution even when it is politically inconvenient.
As a guiding light, the Constitution is impeccable. However, its promise can only be realized if the political establishment ceases its opportunistic relationship with power and if the citizenry moves from passive observance to active engagement. The debate should move beyond who is to blame and focus on a collective renewal of commitment—to reform institutions, to challenge inequality, and to truly live the values of Justice, Liberty, Equality, and Fraternity.
The Constitution has not failed; it is merely waiting for the Republic to grow up and fully embody the principles it so bravely laid down seventy-five years ago.
Hasnain Naqvi ,Former Senior History Faculty and Vice Principal, St. Xavier’s College, Mumbai
