UPSC MainsPOLITICAL-SCIENCE-INTERANATIONAL-RELATIONS-PAPER-I202315 Marks
Q22.

The Constitution of India is the 'cornerstone of a nation'. (Granville Austin). Analyze.

How to Approach

This question requires an in-depth analysis of the Indian Constitution's foundational role in the nation. The answer should move beyond a superficial affirmation of Austin’s statement. It needs to demonstrate understanding of the Constitution’s historical context, its core principles, its role in nation-building, and its adaptability. Structure the answer by first establishing the context of Austin’s remark, then detailing the Constitution’s features that make it a cornerstone, and finally, acknowledging challenges and ongoing relevance.

Model Answer

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Introduction

Granville Austin, in his seminal work “The Indian Constitution: Cornerstone of a Nation” (1966), aptly described the Indian Constitution as the bedrock upon which the nation is built. This statement underscores the Constitution’s pivotal role not merely as a legal document, but as a socio-political framework that has shaped India’s identity, governance, and development. Adopted in 1950, after a painstaking process of deliberation, the Constitution emerged from the crucible of India’s independence movement and the partition, aiming to forge a unified and democratic nation from a diverse and fragmented society. This answer will analyze the various facets of the Constitution that justify Austin’s assertion, examining its foundational principles, structural features, and enduring impact.

Historical Context and Foundational Principles

The Indian Constitution was born out of a unique historical context. Unlike many other constitutions drafted after independence, India’s constitution-making process occurred amidst immense social, economic, and political challenges. The framers, guided by the ideals of justice, liberty, equality, and fraternity – enshrined in the Preamble – sought to create a document that would not only establish a democratic government but also address the deep-seated inequalities and social divisions within the country.

  • Borrowings from Multiple Sources: The Constitution draws inspiration from various sources, including the Government of India Act, 1935, the British parliamentary system, the US Bill of Rights, and the Irish Directive Principles of State Policy. This eclectic approach demonstrates a pragmatic attempt to adopt the best features from different constitutional models.
  • Fundamental Rights: Part III of the Constitution guarantees Fundamental Rights to all citizens, including the right to equality, freedom of speech and expression, and protection against exploitation. These rights serve as a bulwark against state tyranny and ensure individual dignity.
  • Directive Principles of State Policy: Part IV outlines Directive Principles, which are non-justiciable but serve as guidelines for the state to promote social and economic justice. These principles reflect the framers’ commitment to a welfare state.

Structural Features Reinforcing the ‘Cornerstone’ Status

The Constitution’s structural features are designed to ensure stability, flexibility, and effective governance. These features contribute significantly to its role as the cornerstone of the nation.

  • Federal Structure with a Unitary Bias: India adopted a federal system to accommodate its diversity, but with a strong central government to maintain unity and integrity. Article 370 (until 2019) and special provisions for certain states demonstrate this accommodation.
  • Parliamentary System: The adoption of a parliamentary system, modeled after the British system, ensures accountability of the executive to the legislature. This promotes democratic governance and responsiveness to public opinion.
  • Independent Judiciary: The Constitution establishes an independent judiciary with the power of judicial review (Article 32, 226 & 227). This ensures the rule of law and protects the Constitution from encroachment by the legislature or executive. The landmark Kesavananda Bharati v. State of Kerala (1973) case affirmed the basic structure doctrine, limiting the Parliament’s amending power.
  • Rigidity and Flexibility: The Constitution is neither entirely rigid nor entirely flexible. While certain provisions require a special majority (two-thirds of members present and voting, and a majority of the total membership of each House) and ratification by at least half of the state legislatures, other provisions can be amended by a simple majority. This balance allows for adaptation to changing circumstances while safeguarding the core principles.

The Constitution and Nation-Building

The Constitution has played a crucial role in nation-building by fostering social transformation, promoting economic development, and strengthening national unity.

  • Social Justice and Equality: Provisions related to reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes (Articles 15, 16) aim to address historical injustices and promote social equality.
  • Language Policy: The Constitution’s language policy, recognizing Hindi as the official language and English as an associate official language, while allowing states to choose their own official languages, has been instrumental in managing linguistic diversity.
  • Amendments and Adaptability: Over the years, the Constitution has been amended over 100 times (as of 2023) to address evolving needs and challenges. Amendments like the 73rd and 74th Constitutional Amendments (1992) strengthened local self-governance.

Challenges and Ongoing Relevance

Despite its strengths, the Constitution faces ongoing challenges. Issues such as communalism, casteism, regionalism, and economic inequality continue to pose threats to national unity and social harmony. Furthermore, debates surrounding federalism, judicial activism, and the balance between individual rights and collective interests require constant attention.

However, the Constitution’s enduring relevance lies in its ability to provide a framework for resolving these challenges through democratic processes and constitutional mechanisms. The ongoing debates and interpretations demonstrate the Constitution’s dynamism and its capacity to adapt to changing times.

Conclusion

In conclusion, Granville Austin’s description of the Indian Constitution as the ‘cornerstone of a nation’ remains profoundly accurate. The Constitution’s historical context, foundational principles, structural features, and its role in nation-building all contribute to its enduring significance. While challenges persist, the Constitution continues to serve as a guiding light, providing a framework for a just, equitable, and democratic society. Its adaptability, through amendments and judicial interpretations, ensures its continued relevance in a rapidly changing world, solidifying its position as the bedrock of the Indian nation.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Preamble
The Preamble is an introductory statement to the Constitution, outlining its objectives, guiding principles, and the source of its authority – the people of India.
Basic Structure Doctrine
The Basic Structure Doctrine, established in the Kesavananda Bharati case, holds that while the Parliament has the power to amend the Constitution, it cannot alter its basic features, such as secularism, democracy, and federalism.

Key Statistics

As of November 2023, the Indian Constitution has been amended 105 times.

Source: PRS Legislative Research (Knowledge Cutoff: November 2023)

India’s Constitution is the longest written constitution in the world, containing 448 articles in 25 parts, 12 schedules, and 5 appendices (as of November 2023).

Source: PRS Legislative Research (Knowledge Cutoff: November 2023)

Examples

The Right to Education Act (RTE)

The 86th Constitutional Amendment (2002) inserted Article 21A, making the Right to Education a Fundamental Right for children aged 6-14 years. This exemplifies the Constitution’s adaptability to address social needs.

Frequently Asked Questions

Is the Indian Constitution a written constitution?

Yes, the Indian Constitution is a comprehensive and largely written document. However, it also includes unwritten conventions and traditions that are considered part of its constitutional framework.

Topics Covered

Indian PolityConstitutional LawConstitutionalismFundamental RightsDirective Principles