Constitution’s vision of rights was ahead of its time

Paper: GS – II, Subject: Polity, Topic: Evolution of Constitution, Issue: India’s Constitutional Rights.

Context:

The Indian Constitution, adopted 76 years ago, surpassed the limitations of Western liberal constitutionalism by addressing societal inequalities and recognizing group-differentiated rights.

Key Highlights:

Expanding the Right to Equality:

• Beyond State Restriction: Unlike Western constitutions primarily focused on limiting state power, the Indian Constitution recognized that discrimination stemmed from societal structures, particularly caste.
• Article 15 (2): This provision protected citizens from discrimination by both the state and private actors in accessing public spaces, directly addressing societal inequalities.
• Article 17: Outlawed the practice of untouchability, a unique and crucial step in dismantling caste-based discrimination.
• Article 23: Prohibited human trafficking and forced labor, directly responding to debt bondage prevalent due to caste and landlordism.
• Recognition of Societal Power: The Constitution acknowledged that groups and communities wielded power independently of the state, necessitating protections against societal discrimination.

Recognizing Group-Differentiated Rights:

• Egalitarian Liberal Framework: The Constitution incorporated group-differentiated rights within a broader framework of equality and liberty, predating similar advancements in Western democracies.
• Affirmative Action: India became a global leader in constitutionalizing affirmative action in 1950, a decade before the US made significant strides in civil rights legislation.
• Addressing Structural Inequalities: Leaders like B.R. Ambedkar advocated for differential treatment to address historical disadvantages faced by marginalized groups.

Constitutional Framework for Religious Diversity:

Enduring Significance:

• Normative Standard: The Constitution has served as a guiding principle for India’s diverse population for over 75 years.
• Beacon of Hope: It remains a source of inspiration for marginalized communities.
• National Aspiration: The Constitution embodies national aspirations and a sense of belonging.
• Unity in Diversity: It demonstrates that national unity does not require uniformity.
• Equality and Difference: It recognizes that equality may necessitate differential treatment in contexts of deep inequality and social difference.

By addressing societal inequalities, recognizing group-differentiated rights, and adopting a nuanced approach to religious diversity, it surpassed the limitations of Western liberal constitutionalism.

https://indianexpress.com/article/opinion/columns/indian-constitution-went-beyond-western-notions-this-is-why-it-has-endured-10386022

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