26 November 2024 : The Hindu Editorial Analysis

1. The Constitution still thrives, let it show India the way

(Source – The Hindu, International Edition – Page No. – 4)

Topic: GS2 – Indian Polity

Context

The article reflects on the 75th anniversary of India’s Constitution, highlighting Dr. B.R. Ambedkar’s concerns about political equality juxtaposed with social and economic inequalities. It examines progress in achieving equality and fraternity while noting persistent challenges, including caste-based divisions and institutional weaknesses. The Constitution’s resilience amidst evolving socio-political dynamics is emphasized.

75th Anniversary of Constitution Adoption

• November 26, 2024, marks the 75th anniversary of the Constituent Assembly’s adoption of the draft Constitution of India.
• The Union government is commemorating this event with a special joint sitting of Parliament.
• Dr. B.R. Ambedkar’s speech on November 25, 1949, remains a key reflection on the Constitution’s success, emphasizing the importance of its implementation by capable custodians.

Challenges Identified by Dr. B.R. Ambedkar

• Equality and Fraternity:
  • Dr. Ambedkar highlighted the contradiction of political equality versus social and economic inequality.
  • He pointed out the denial of the principle of “one man, one value” in social and economic life.
• Social Democracy:
  • Fraternity, essential for unity, was hindered by caste systems and religious divisions.
  • Liberty, equality, and fraternity must coexist; the absence of one weakens the others.

Progress in Equality

• Affirmative Action:
  • India abolished untouchability and implemented reservations for Scheduled Castes (SCs) and Other Backward Classes (OBCs).
  • Reservations, initially temporary, are now entrenched in the system, though debates about their implications persist.
• Caste Census:
  • Escalating demands for caste census reflect ongoing struggles for social and economic equality.
  • These efforts have implications for India’s constitutional practices and equality goals.

Fraternity and Nationhood

• Lack of Fraternity:
  • Mobilization of votes based on caste, creed, and language hampers the development of fraternity.
  • While fraternity remains incomplete, national unity has strengthened, as seen during national events like cricket matches or conflicts like Kargil (1999) and Galwan (2020).
• Reservations and Fraternity:
  • Scholars argue that caste-based reservations entrench divisions, contrary to Ambedkar’s vision of annihilating caste.
  • Ambedkar viewed fraternity as eroding caste hierarchies, while the extension of OBC reservations emphasized representation over elimination of caste.

The Constitution’s Resilience

• Despite criticism from early opponents like the Rashtriya Swayamsevak Sangh (RSS), the Constitution has endured over 75 years, evolving through 106 amendments.
• Challenges such as weakened institutions, diminished parliamentary functions, judiciary pressures, and global critiques (e.g., V-Dem Institute’s “electoral autocracy” label) underscore the need for robust custodianship.

Ambedkar’s Call to Responsibility

• Dr. Ambedkar reminded citizens that independence shifts accountability to Indians themselves.
• Seventy-five years later, India must reduce shortcomings and uphold the Constitution’s guiding principles to ensure its continued success.

Practice Question:  Discuss how Dr. B.R. Ambedkar’s vision of equality and fraternity remains relevant in addressing contemporary social and economic challenges in India. (150 Words /10 marks)

2. Feminist ideology in India’s constitutional discourse

(Source – The Hindu, International Edition – Page No. – 4)

Topic: GS2 – Indian Polity

Context

The article highlights the overlooked contributions of women in framing India’s Constitution, emphasizing their advocacy for gender equality, secularism, and social justice. Despite their efforts, the promises of gender justice and the Uniform Civil Code remain unfulfilled.

Patriarchal Framing of the Constitution

• The Indian Constitution’s creation often credits the “founding fathers,” overlooking the significant contributions of women members, termed as the “founding mothers.”
• Women’s active involvement in drafting the Constitution was a continuation of the feminist movement, embedding their will and dissent into the document.

Women Shaping India’s Constitution

Hansa Mehta: Advocated for gender equality, sought restrictions on religious rights that curtailed women’s emancipation, and supported the Uniform Civil Code. Amrit Kaur: Emphasized the anti-woman tendencies in religious practices, fought for women’s rights and social justice, and helped draft key reforms. Begum Aizaz Rasul: Championed secularism as a core feature of the Constitution. Dakshayani Velayudhan: Criticized caste and gender discrimination, advocating for equality and justice. Durgabai Deshmukh: Focused on women’s education and social welfare initiatives. Kamaladevi Chattopadhyay: Highlighted the Constitution’s promise of justice and equality for women.

Intersectional Alliance for Social Revolution

• The founding mothers aligned with B.R. Ambedkar’s critique of patriarchal Indian culture.
• Amrit Kaur, one of the prominent women, rejected societal standards imposed by male-dominated systems.
• These women worked to dismantle patriarchy within and outside the Constituent Assembly, though the nation has largely failed to honor their vision.

Fundamental Rights and the Uniform Civil Code (UCC)

• Founding mothers viewed Fundamental Rights as a tool to challenge patriarchal social structures, including religion and family.
• Hansa Mehta and Amrit Kaur pushed for the UCC to be included in Fundamental Rights but accepted its relegation to the Directive Principles, ensuring its prominence in future constitutional interpretations.
• Their efforts strengthened the Directive Principles, aiding their constitutional significance in the 1980s.

Role in Defining Secularism and Freedom of Religion

• Begum Aizaz Rasul highlighted secularism as a cornerstone of the Constitution.
• Hansa Mehta advocated limiting religious rights to safeguard women’s equality and social reforms like the abolition of child marriage.
• Amrit Kaur argued against unbridled religious freedom, warning of its potential to undermine progressive laws like the Widow Remarriage Act and the abolition of sati.

Unfulfilled Promises of Equality

• Kamaladevi Chattopadhyay viewed the Constitution as a beacon of hope for women’s equality, but this optimism faded.
• The 1974 report Towards Equality declared that the promise of gender equality remained unfulfilled even after two decades of independence.

Contemporary Challenges

• Despite strong women leaders, India lacks a feminist stateswoman or jurist of transformative stature.
• Women’s representation in power remains insufficient.
• The UCC, envisioned as a tool for gender justice, remains unrealized due to political inaction, despite available jurisprudence to support it.

Practice Question:  Discuss the contributions of women members in the framing of the Indian Constitution and analyze how their efforts have influenced contemporary debates on gender justice and secularism. (150 Words /10 marks)