75th anniversary of proclamation Indian Constitution being defaced: Were roots laid in 1949?

By Harsh Thakor* 

On the 75th anniversary of the Indian Constitution, it is crucial to reflect on its historical trajectory and current challenges. The Constitution, formally adopted on November 26, 1949, emerged during India’s transition from a colony to a semi-colonial, semi-feudal state. This framework retained power structures favoring princely states, landlords, and comprador bourgeoisie. Historian Suniti Kumar Ghosh argued that the Indian Constitution, shaped within the framework of British colonialism, was largely a product of the British Cabinet Mission’s directives, with its Constituent Assembly not elected by universal adult suffrage but through restrictive provincial legislative assemblies.

The Constitution, while presenting itself as a democratic framework, has consistently served the ruling classes. Its provisions for fundamental rights have often been undermined, and state machinery has repeatedly repressed dissent. Laws like MISA and NSA were used to crush workers’ and peasants’ movements, with democratic rights often preserved only through relentless struggle by civil liberties groups.

Despite its foundational principles, the Constitution remains a contested document. While it claims to enshrine equality, systemic inequalities in caste and class persist. Progressive amendments have occasionally been forced by mass movements, but structural issues remain unaddressed. The removal of the right to property as a fundamental right, for example, prioritized land acquisition over land redistribution, reflecting the state’s alignment with imperialist and comprador interests.

Ambedkar recognized the contradictions within the Constitution, emphasizing that political democracy without social and economic equality would remain fragile. His warnings resonate today as democratic rights are curtailed under the guise of security and development. The BJP's embrace of the Constitution's 1949 framework contrasts starkly with its actions, which have undermined its democratic ethos. Laws like UAPA, along with initiatives like NPR and NRC, have been used to target minorities and suppress dissent.

The Modi regime's policies and the rise of Hindutva ideology threaten to dismantle the Constitution’s federal and democratic framework, replacing it with a majoritarian, unitary state. Judicial interventions, such as the recent Supreme Court judgment condemning “bulldozer justice,” highlight the erosion of constitutional values. Yet, the judiciary has also been complicit in enabling the state’s authoritarianism, as seen in cases like Bhima Koregaon.

As India marks 75 years of its Constitution, the struggle for its true democratic realization continues. The fight against caste oppression, economic exploitation, and communal polarization remains central to preserving and advancing the constitutional promise of justice, liberty, equality, and fraternity. Only sustained people's movements can protect and deepen these principles.

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*Freelance journalist