The Constitution of India, beyond its text

The purpose of the Constitution would be served if the mainstream of ‘power’ is dismantled and those who are at the margin brought to the centre of India’s democratic journey

In his book, Founding Mothers of the Indian Republic: Gender Politics of the Framing of the Constitution, Achyut Chetan mentions an interesting anecdote; of a cultural theorist seemingly influenced by the skewed post-structuralist notion of the text telling him that the Constitution is all we have and that there is nothing outside its text. How do you imagine the Constitution beyond its text? What value does a constitution hold beyond its text?

As we celebrate the 75th anniversary of the enactment of the Constitution of India, these questions prompt us to reflect on its broader significance.

Testament to an aspirational citizenship

The text of the Constitution, undoubtedly, holds greater significance. It gives institutions a tool to interpret and implement policy decisions. But the Constitution is not merely a legal document. It represents a living framework that transcends its textual boundaries. It holds the aspirations, struggles, and collective dreams of a diverse nation. Therefore, while the Constitution serves as the foundation of our administrative framework, it is, equally, a testament to aspirational citizenship. But where do we locate the place of citizens while assessing the Constitution?

Citizenship is often understood as a concept derived from statutes or the text of the Constitution. However, in the journey of India’s constitutional history, the people themselves have played a pivotal role in shaping and redefining the notion of citizenship beyond what is written in the document. Through various movements, they have actively invoked constitutional principles to challenge inequalities and claim rights and spaces that were historically monopolised by caste and class elites.

For instance, the Dalit movement used the Constitution as a powerful tool to assert its equality and dignity. The Constitution became a site of emancipation and to defy the odd social norms. Article 17 of the Constitution, which abolishes untouchability, became a rallying point for the marginalised communities to fight against caste-based discrimination. Similarly, movements for land reforms, right to education, right to information and even environmental rights movements have consistently used constitutional provisions to demand inclusivity and justice, thereby expanding the scope of citizenship from a legal status to a lived reality of equality and empowerment.

In his book, A People’s Constitution, Professor Rohit De documents compelling stories of individuals who harnessed the Constitution not only to assert their rights but also to place ordinary citizens at the heart of the constitutional discourse. This imaginative engagement by ordinary citizens in applying the Constitution to their daily lives persists. Indeed, it has grown even more robust and strategic, empowering them to claim their rightful place in the republic.

Dialogue between the Constitution, citizens

The story of the Constitution is the story of its people. Social activist Aruna Roy, in her recent memoir, The Personal is Political, argues that if democracy is by and for the people, the ‘ people’ are the mainstream — the power elite and its periphery defined by money and power. Therefore, it is necessary to dismantle this mainstream of ‘power’ and bring those who are at the margin to the centre of our democratic journey. Thus, the purpose of the Constitution would be served.

The enactment of the Constitution marked a significant turning point for marginalised groups, including women, minorities, and persons with disabilities. While their direct representation in the Constituent Assembly was minimal, their concerns were thoughtfully discussed and debated, ensuring that the document aimed to be inclusive and accommodative.

However, despite these progressive efforts, the Constitution is not without flaws. There have been instances where it has inadvertently become a tool of exclusion.

A collective responsibility

As we commemorate 75 years of its adoption, it is imperative to ensure that the Constitution extends its promise beyond public institutions and into private spheres. This involves empowering citizens to challenge both the authority of a mighty state and the power of private citizens when they act unjustly. The responsibility lies with all of us to not only uphold the Constitution but also to actualise its principles in ways that foster true equality, justice, and dignity for every individual, irrespective of their status or identity.

Rajesh Ranjan is a lawyer-researcher who writes on public law, rights, and public engagement of

Published - November 28, 2024 04:00 am IST