Why in the News?

As we mark 75 years since the Constitution of India came into effect, it’s important to look back and assess how the country has followed its core values before deciding the way forward.

How have recent legislative and political changes impacted India’s commitment to these values?

• Secularism: India’s constitutional commitment to secularism has been challenged by the laws related to religious identity.
  • The Citizenship Amendment Act (CAA), 2019, which provides citizenship to persecuted religious minorities from neighboring countries but excludes Muslims, has raised concerns about violating Article 14 (Right to Equality) and the secular ethos of the Constitution.
• Social Justice: The push for affirmative action through reservations continues, but new measures have sparked debates about inclusivity.
  • The introduction of the Economically Weaker Sections (EWS) reservation (103rd Constitutional Amendment) raised debates over its exclusion of marginalized communities already under the SC/ST/OBC reservation framework, potentially diluting the focus on caste-based historical injustices.
• Federalism: Legislative changes have altered the balance between the Union and states, raising concerns about cooperative federalism.
  • The abrogation of Article 370 in Jammu and Kashmir and its reorganization into Union Territories in 2019 was criticized for bypassing the state legislature, raising questions about federalism under Article 1 and Article 370.
• Freedom of Speech and Expression: Political changes have led to an environment where dissent and criticism of the government are often met with punitive action.
  • The use of sedition laws under Section 124A of the IPC and the Unlawful Activities (Prevention) Act (UAPA) against journalists and activists has raised concerns about stifling democratic dissent.
• Inclusive Development: Legislative efforts to boost development have sometimes led to neglect of environmental sustainability and marginalized communities.
  • The Forest Rights Act (FRA), 2006, intended to protect the rights of tribal communities, has faced dilution through recent amendments to environmental laws, prioritizing infrastructure over community rights.
• Equality and Gender Justice: Legislative progress has been seen, but gaps remain in implementation.
  • The Criminal Law (Amendment) Act, 2018, which introduced stringent punishment for crimes against women, shows legislative intent. However, underreporting and delayed justice continue to challenge gender equality.

What steps can be taken to reinforce India’s foundational values moving forward? (Way forward)

• Strengthening Judicial Oversight and Constitutional Safeguards: To reinforce India’s foundational values, it is essential to strengthen the role of the judiciary in safeguarding constitutional rights to ensure that laws and policies align with the principles of equality, secularism, and justice.
• Inclusive and Transparent Policy Making: Policies should be designed to foster inclusive development, ensuring that marginalized communities are not left behind.
• Strengthening Inclusive Governance and Social Justice: Ensure that affirmative action policies, including reservations, are consistently aligned with the principle of social justice, addressing the historical and contemporary needs of marginalized communities.
• Promoting Secularism and Protecting Fundamental Rights: Strengthen and uphold the secular fabric of the nation by ensuring that laws and policies respect religious diversity and equality, in line with the Constitution’s guarantees.

Mains PYQ:

Q What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC IAS/2016)

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