India celebrated its 78th Independence Day recently, reminding us of the remarkable journey of a nation that not only survived many challenges but thrived. Our success story sharply contrasts with the recent political turmoil in many of our South Asian neighbours, such as Bangladesh, highlighting the crucial role our Constitution plays in ensuring stability and progress.
The common thread that connects India with most of the South Asian neighbours is that they are all constitutional democracies and largely gained their independence around the same time India did. A constitution is merely a document; its effectiveness depends on its implementation. The manner in which a constitution is crafted and its foundational principles are crucial to its execution. Constitutions are created by the people, for the people, and intended to serve the people.
The South Asian Context: A comparative analysis
Although South Asian nations claim to have democratic governments, their governance systems frequently do not fully embody democratic ideals. Social, political, and economic challenges have led to military coups, regime changes, constitutional overhauls, and violent protests. Over the past two years, three establishment leaders have fled their nations due to misgovernment and public unrest.
Pakistan's repeated collapses are attributed to military coups, the consequence of a Constitution that lacks robust checks and balances. This weakness has permitted the military to wield excessive influence, undermining civilian rule and judicial independence.
In Sri Lanka, political instability stems from frequent government changes and poor representation of ethnic minorities like Tamils and Muslims. The unclear delineation of presidential and prime ministerial powers fuels power struggles.
Nepal faces instability from managing ethnic diversity and regional autonomy, with frequent constitutional changes leading to political fragmentation. Bhutan's democratic constitutional monarchy struggles with power concentration in the monarchy, undermining democratic principles. Afghanistan’s issues arise from persistent conflict and weak institutions. The country’s Constitution, ratified in 2004, failed to address tribalism and ethnic divisions, enabling corruption and culminating in the Taliban takeover.
Bangladesh's turmoil is due to concentrated power and a Constitution that doesn’t prevent autocratic behavior. Weakened institutions lead to governance failures and unrest, with ideological shifts between secularism and Islamism destabilizing the nation. Executive dominance overshadows legislature and judiciary, weakening checks and balances.
A Constitution is a foundational document that must be both contemporary and visionary. The common feature across these South Asian nations is the failure of their constitutions to establish effective checks and balances, ensure political accountability, and manage diversity.
India's journey to independence and the monumental task of nation-building
Colonized for over two centuries, India’s freedom struggle under Mahatma Gandhi was notably marked by non-violent resistance. Gandhiji’s unwavering principle was that the means must justify the end, rejecting violence in favor of non-violent struggle. He believed that freedom achieved through bloodshed was unworthy. This steadfast commitment, coupled with the unyielding determination of our leaders, united the populace and ultimately secured India's independence in 1947.
After gaining independence, many believed that India's struggles would come to an end, but this was not the case. With a diverse population, the challenge of nation-building looms large. Despite being under colonial rule for nearly two centuries, Indians had not lived under codified law, presenting a practical difficulty.
Moreover, India faced the challenge of partition. Yet, our leaders remained focused on establishing a stable, progressive, and inclusive nation, undeterred by the daunting obstacles. Instead of becoming anxious, they embraced the task of nation-building. Drafting the Constitution was a monumental task, but it was not unprecedented. As early as the 1930s, the Nehru Report demonstrated India's capability to draft its own Constitution. The Constituent Assembly, partly elected and partly nominated, was a microcosm of India's diverse populace, embodying a wide range of expertise.
The Indian Constitution, inspired by global models but carefully adapted to Indian society, emerged from vigorous debates on federalism, language, government structure, and fundamental rights. Consensus was a guiding principle throughout, with leaders like Dr BR Ambedkar and Jawaharlal Nehru making pivotal contributions to create a document that is both visionary and forward-looking.
India’s constitutional resilience
In contrast to other South Asian nations, India’s Constitution has provided a stable framework, effectively preventing the nation from slipping into political turmoil. Several key features and mechanisms have contributed to this resilience:
The Indian Constitution stands as a fortress of democracy, built on the unshakeable foundation of Separation of Powers and Checks and Balances. Parliament legislates and oversees. The executive, under the President and the Prime Minister, implements. The judiciary, led by the Supreme Court, interprets and safeguards the Constitution. This system of checks and balances ensures no branch oversteps, maintaining our democratic integrity.
The Basic Structure Doctrine isn't just a legal concept - it's our democracy's shield. Born from the Kesavananda Bharati case, this doctrine stands guard over our Constitution's soul, protecting it from any attempt to undermine our democratic values.
Our federal structure isn't about division - it's about strength through unity. Clear separation of powers between the Union and the states, which is essential for the smooth functioning of democracy. When boundaries are crossed, the Supreme Court stands ready to restore order. This system of checks and balances, operating both vertically and horizontally, isn't just governance - it's the backbone of our nation's stability.
Free and fair elections are the bedrock of our democracy. Public trust in our electoral process is paramount for political stability. The Election Commission must operate with absolute independence, free from political meddling. Independent institutions are vital for a fair and just democratic process, reinforcing public confidence in the political system.
As we celebrate 78 years of independence, it is crucial to acknowledge the vision of our forefathers. Their creation, the Indian Constitution, not only provides a framework for governance but also stands as a beacon for stability and progress in a region rife with political turmoil. It is this living document that has guided us through challenges, ensuring that India remains a vibrant democracy.
(Hasan Mohammed Jinnah is a State Public Prosecutor and Director of Prosecution, Tamil Nadu. Views expressed are author’s own)