[Note: This article is based on a chapter in a book titled – “Decolonize India: Re-imagine a New Democratic Republic Constitution for India”]
The Preamble of the Indian Constitution begins with a powerful proclamation: “We, the people of India…” It signifies collective ownership and approval—a cornerstone of democratic governance. Similar affirmations appear in constitutions worldwide, underscoring their legitimacy as documents of the people, by the people, and for the people. Yet, this grand assertion demands scrutiny: how many among “the people” actually read, understood, or consented to the contents of these constitutions before their adoption?
In India’s case, the reality is stark. The Constitution was drafted by a select few members of the Constituent Assembly in 1946–49, representing various political and social factions but not chosen through a direct mandate. While the Assembly comprised intellectuals, visionaries, and patriots, the broader Indian population—most of whom were uneducated or semi-literate—played no direct role in its formulation. Even today, few Indians are aware of their constitutional rights and duties, let alone the document’s historical underpinnings.
Awareness of Constitutional Rights and Responsibilities
The Constitution of India is the supreme law of the land, guaranteeing fundamental rights such as equality, freedom of speech, and religious freedom while outlining duties like respecting the nation’s heritage and upholding its unity. Yet, surveys and studies often reveal widespread ignorance about these provisions. Many Indians are unaware of the rights they can claim or the responsibilities they are bound to fulfill. This ignorance is exacerbated by systemic failings in education, governance, and civic engagement.
A Colonial Legacy in Disguise?
Perhaps even more troubling is the Constitution’s lineage. While celebrated as a monumental achievement, the Indian Constitution borrowed heavily from colonial-era laws, particularly the Government of India Act, 1919, and the Government of India Act, 1935. These Acts, devised by the British, were meant to govern a colony, not empower a free people. Instead of dismantling these structures, independent India retained many of them, repackaging them as its own.
The Bureaucracy: The Indian administrative framework, from its hierarchical structure to its functioning, is a direct descendant of British-era governance designed to extract and control rather than serve.
The Penal Code: The Indian Penal Code of 1860, still largely in use today, was drafted to suppress dissent and criminalize resistance to colonial rule.
The Judicial System: The legal and judicial setup remains cumbersome, slow, and alien to many Indians, reflecting its colonial roots rather than indigenous justice traditions.
Thus, while India celebrates its independence, the continuation of colonial-era laws raises a disconcerting question: are Indians truly free, or are they still governed by the vestiges of British rule?
A Wake-Up Call for India’s Conscience
This disconnect between the Constitution’s proclaimed ideals and the lived reality of Indians must be addressed. A document that defines a nation’s governance must resonate with its people, reflect their aspirations, and be rooted in their culture and history. Yet, how can this happen when the majority of citizens remain unaware of its contents or its implications?
To truly honor the phrase “We, the people of India,” it is imperative to:
- Democratize Constitutional Literacy: Incorporate the Constitution’s principles into school curricula and public discourse, making it accessible and understandable to all citizens.
- Reflect on Colonial Hangovers: Revisit laws and systems inherited from colonial rule to ensure they align with the aspirations of a free and sovereign nation.
- Foster Public Participation: Create platforms for citizens to voice their opinions on governance and constitutional reforms, making the document a living testament to democracy.
A New Dawn for India
India stands at a crossroads. The promise of independence, encapsulated in the Constitution, cannot remain a distant ideal. To fulfill the vision of a Sovereign, Socialist, Secular, Democratic Republic, the people of India must reclaim their Constitution—not as a borrowed legacy, but as a document that truly represents their collective will, heritage, and destiny.
This is not a call to discard the past but to transcend it. Only then can “We, the people of India” ring true—not as a hollow proclamation, but as a vibrant reality.
Reference
- Constitution of India
- The Preamble: “We, the people of India…” clearly sets the tone of collective ownership but lacks evidence of widespread citizen consultation during its drafting.
- The Fundamental Rights and Duties (Articles 12–51) remain underutilized due to low awareness levels.
- Official Government Website
- Constituent Assembly Debates
- The debates reveal that the Constitution was drafted by a select group of representatives and was never put to a direct vote by the public.
- Constituent Assembly Debates Archive
- Colonial Legacy
Government of India Acts, 1919 and 1935:
- The 1935 Act heavily influenced the Indian Constitution, particularly in its administrative and legislative frameworks.
- The National Archives (UK)
Indian Penal Code, 1860:
Still in effect, this law was created by the British to maintain colonial control.
Indian Law Resources
- Lack of Awareness Among Citizens
Reports and Surveys: Studies consistently show that many Indians are unaware of their constitutional rights and responsibilities.
Example: Lokniti-CSDS surveys on civic literacy.
Centre for the Study of Developing Societies (CSDS)
- Books and Articles
Granville Austin, The Indian Constitution: Cornerstone of a Nation: Discusses how the Constitution was shaped by the exigencies of the time rather than public participation.
Madhav Khosla, India’s Founding Moment: Explores the legacy of the Constitution and its colonial influences.
- Current Studies and News Reports
- The Bureaucracy’s Colonial Roots:
- Reports in newspapers like The Hindu and Indian Express often critique the outdated nature of India’s administrative and legal systems.
- Example: “India’s Bureaucracy: A Colonial Hangover” – The Economic Times.
- Economic Times
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Profile:
Dr. Ryan Baidya is a writer, mentor and entrepreneur who has authored numerous articles and books on social issues in the USA, India, and Japan. His work focuses on addressing social inequalities through education and structural change.
