How colonial is our constitution? ft Arghya Sengupta
Jan 26, 2024
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Sandip speaks to Arghya Sengupta, author of 'The Colonial Constitution,' exploring colonial influences in India's Constitution. They discuss Gandhi's alternative proposals, power decentralization concerns, the absence of enforceable economic rights, and the role of lawyers in drafting the constitution.
The Government of India Act 1935 served as the starting point for drafting the Indian Constitution due to its familiarity and urgency, despite its shortcomings.
The Indian Constitution reflected colonial influences by continuing colonial institutions, lacking provisions for economic rights, and emphasizing the power of the state over individual rights.
The diluted inclusion of economic rights as directive principles of state policy hindered the distribution of resources and disadvantaged marginalized communities, highlighting the need for exploring new constitutional ideas.
Deep dives
The Government of India Act 1935 and the Constitution
The Government of India Act 1935 played a significant role in shaping the Indian Constitution. It laid out the structure of the government at the union and provincial levels, established a semblance of federation, and reduced the power of the Governor-General. However, it lacked provisions for rights and Dominion status. Indian leaders, including Nehru and Jinnah, criticized the Act as a tokenistic representation of independence. Despite its shortcomings, it served as the starting point for drafting the Indian Constitution due to its familiarity and the urgency to establish a Constitution after independence.
The Colonial Nature of the Constitution
The Indian Constitution has been described as a colonial document that was framed by the same leaders who fought for independence. It continued colonial institutions without reforming them and lacked provisions for economic rights. Additionally, the Constitution was lengthy and overly prescriptive, reflecting a lack of trust in the people and a belief that they were not ready for democracy. The state was portrayed as superior to the citizens, and the Constitution emphasized the power of the state over individual rights.
The Missed Opportunity of Economic Rights
The discussion around economic rights during the drafting of the Indian Constitution was diluted, and they were not included as enforceable rights. Concerns about the financial burden and practicality of fulfilling economic rights led to their inclusion as directive principles of state policy instead. This missed opportunity to guarantee economic rights hindered the distribution of resources and disadvantaged marginalized communities. However, there is still a need to explore new constitutional ideas that address decentralization, the relationship between rights and duties, and police reform.
Critiques and Perspectives on the Constitution
Some critics argue that the Indian Constitution is too conservative and reflects the influence of lawyers and legal thinking, rather than taking into account the broader perspectives and needs of society. They advocate for fresh discussions and reconceptualization of the Constitution's intent and content. However, substantial constitutional changes require consensus building and political statesmanship, which is challenging given the current political climate. While there may be specific areas that demand immediate attention, any significant constitutional reform should involve a wider public discourse and aim for lasting consensus.
Moving Forward
The Indian Constitution, despite its limitations and colonial influences, remains an important and evolving document. Engaging in ongoing conversations about constitutional reforms focused on decentralization, the balance between rights and duties, and police reform is essential for a more inclusive and progressive society. While achieving consensus may be difficult, it is important to continue discussing and challenging constitutional ideas to ensure they meet the changing needs and aspirations of the Indian people.
The provocatively titled book, "The Colonial Constitution," examines how we got the Constitution we did and argues that, despite being crafted by the individuals who secured India's independence, it ultimately embodies strong colonial influences.
On the occassion of Republic Day, Sandip speaks to its author, Arghya Sengupta, who is the Research Director at Vidhi Centre for Legal Policy.
Produced by Shashank Bhargava Edited and mixed by Suresh Pawar
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