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1. At 75, constitutional justice and personal liberty
As India marks 75 years of its Constitution, it is essential to evaluate the state of personal liberty—a fundamental aspect of justice in India. There is growing concern over the erosion of constitutional values, including the criminalization of dissent and the use of outdated laws.
Crisis of Constitutional Values
- The Constitution’s core values of personal liberty and human dignity face an ethical and moral crisis.
- The interpretation of these principles is often reduced to mechanical readings, neglecting their broader purpose.
- The challenge is to ensure the Constitution remains workable, flexible, and relevant in today’s political climate.
Article 21: A Pillar of Dignity
- Article 21 guarantees the right to life and personal liberty as essential for human dignity.
- Justice R.F. Nariman emphasized in the Puttaswamy case (2017) that Article 21 is crucial for the development of human potential.
- Laws allowing arbitrary arrests, preventive detention, and prolonged custody violate this fundamental right.
Reinstating Dissent
- The A.K. Gopalan case (1950) upheld preventive detention laws, which limited personal liberty.
- Justice S. Fazl Ali’s dissent in this case was later vindicated in the Puttaswamy judgment, marking a shift towards recognizing dissent as part of constitutional ethics.
- This judgment emphasized that personal liberty is central to justice.
A.K. Gopalan’s Struggle
- A.K. Gopalan’s experience highlights the misuse of detention laws for political dissent.
- Despite court rulings ordering his release, he was re-arrested repeatedly, showcasing the flawed system.
- Today’s anti-CAA protesters face similar prolonged detentions, demonstrating the continuity of such practices.
Criminalization of Dissent
- Dissenters today—like Umar Khalid and Sharjeel Imam—are criminalized under anti-terror laws, with long periods of detention.
- The judicial process itself becomes punishment, with delays and opacity in legal proceedings.
- This creates a paradox: dissent is criminalized even as it is recognized as constitutional.
Bhima Koregaon and Anti-CAA Arrests
- In the Bhima Koregaon case, activists, intellectuals, and writers were arrested under anti-terror laws.
- Similarly, anti-CAA protesters, especially Muslim activists, face detention and persecution under such laws.
- These cases show a systematic effort to suppress dissent through legal means.
Colonial Laws in Free India
- The Preventive Detention Act, 1950, represents a continuation of colonial-era laws.
- Civil rights activist K.G. Kannabiran criticized these laws as “Indian-made colonial laws”, reflecting a contradiction with constitutional values.
- Over 75 years, such laws have diluted constitutional ethics.
Creative Constitutionalism
- Creative constitutionalism, as described by Upendra Baxi, calls for courts to actively protect personal liberty and dissent.
- Courts must ensure that constitutional values are upheld, preventing the erosion of liberty through arbitrary legal practices.
- Judicial intervention is essential to ensure the Constitution protects personal liberty.
Lessons from Retrospective Regret
- The A.K. Gopalan judgment took decades to be overturned, highlighting the cost of judicial inaction in protecting personal liberty.
- Future generations must not inherit a compromised Constitution that fails to uphold its ethical spirit.
Conclusion
As India celebrates 75 years of its Constitution, it must ensure that personal liberty and justice are protected for all citizens. Courts must actively uphold the Constitution’s values, particularly the right to dissent, ensuring it remains a beacon of justice for future generations.
2. Foundational values, the journey of the Indian state
Introduction
- The 75th anniversary of India’s Constitution calls for a reflection on the nation’s journey through its foundational values.
- Dr. B.R. Ambedkar’s closing address to the Constituent Assembly highlighted challenges in building a unified nation.
- His reflections remain significant for understanding the Constitution’s relevance today.
The Federal Republic
- There have been debates over India’s federal structure, with tensions between the Union and State governments.
- Issues include simultaneous elections, fiscal federalism, and regional language rights.
- Despite its importance, the term ‘federal’ is not explicitly mentioned in the Constitution.
- Dr. Ambedkar clarified in 1949 that the Centre and States are co-equal in legislative and executive matters, with Union powers meant for emergencies.
- Constitutional courts, through cases like S.R. Bommai vs Union of India (1994) and Government of NCT of Delhi vs Union of India (2024), have upheld federalism as a core constitutional value.
An Unequal Democracy
- Critics argue that India has become a police state, citing laws like Unlawful Activities (Prevention) Act and Prevention of Money Laundering Act.
- The country still grapples with issues of social and economic inequality, particularly related to caste.
- Dr. Ambedkar emphasized the importance of social and economic equality for the health of democracy.
- While progress has been made, caste-based inequalities persist, highlighting the work still needed to achieve fraternity and true social justice.
The Need for Constitutional Guardians
- Some advocate replacing the Constitution with one based on Hindu dharmic principles, which undermines the collective wisdom of the Constituent Assembly.
- Instead of replacing the Constitution, India must focus on defending its democratic principles.
- Dr. Ambedkar’s call for safeguarding democracy remains crucial.
- India needs guardians—judges, bureaucrats, politicians, activists, and citizens—who prioritize the nation’s unity and democratic ideals over personal or partisan interests.
Conclusion
- The focus on the 75th anniversary should be on defending the Constitution’s core values rather than replacing it.
- India’s continued progress depends on upholding these values and working toward a more inclusive and equitable society.
3. Further south: On the Iron Age and the south
Introduction
- The Iron Age in India has been a subject of ongoing research and fascination, with a notable difference in its timeline when compared to the rest of the world.
- In India, the North was in the Chalcolithic or Copper Age, while the South was associated with iron, as evident from over 3,000 archaeological sites.
- Tamil Nadu Chief Minister M.K. Stalin’s recent statement on the origin of iron in Tamil Nadu pushes the timeline of iron usage in the region back further.
New Findings from Tamil Nadu
- Recent excavations in Sivagalai, Tamil Nadu (2019–2022), suggest that iron technology dates back to the early part of the fourth millennium BCE.
- Previous studies, such as those from Uttar Pradesh, placed early iron evidence around 1800 BCE.
- The study titled “Antiquity of Iron: Recent radiometric dates from Tamil Nadu,” carried out by the State Department of Archaeology (TNSDA), suggests that iron may have been introduced much earlier than previously believed.
- These findings were validated by leading scientific institutions like the Beta Analytic laboratory in the U.S.
Implications for Archaeological Research
- This revelation calls for a reevaluation of current archaeological strategies.
- Researchers should focus on discovering more iron-specific sites rather than copper-iron mixed sites.
- This shift would make the research process more efficient, conserving time, energy, and resources.
- The Tamil Nadu government, despite supporting various research initiatives, faces limitations in terms of territorial jurisdiction, underscoring the need for collaboration across states.
Need for Coordinated Efforts
- The Archaeological Survey of India (ASI) should play a pivotal role in integrating the entire southern region under a unified research framework.
- This would allow for the sharing of resources and expertise across different states and enhance the quality of findings.
- The goal is to produce credible evidence that can dispel myths and provide factual information on the history and culture of the region.
Conclusion
- The push for more research into the antiquity of iron technology in South India is timely, especially as certain groups attempt to use history and culture for political purposes.
- Solid and scientifically backed archaeological findings will provide irrefutable evidence, strengthening India’s historical narrative.
4. Competitive populism: On parties and the Delhi Assembly elections
Introduction
- As the Delhi Assembly elections scheduled for February 5 approach, the main political parties—Aam Aadmi Party (AAP), Bharatiya Janata Party (BJP), and Congress—are unveiling a slew of welfare schemes aimed at attracting voters.
- The BJP, which once criticized AAP’s approach as “revdi” (freebie culture), has now adopted a similar populist stance by promising more welfare schemes.
BJP’s Promises and Criticism of AAP
- The BJP has pledged to continue the existing schemes while introducing new ones.
- It is offering ₹2,500 per month to women, surpassing AAP’s promise of ₹2,100.
- Chief Minister Arvind Kejriwal has warned voters that BJP’s election victory would end the free electricity, water, healthcare, and education currently provided to the poor.
- Kejriwal has also proposed extending welfare to the middle class, including dhobis, pujaris, residents’ welfare associations, and autorickshaw drivers.
- Kejriwal admitted that some earlier guarantees—like cleaning the Yamuna, upgrading roads, and providing 24/7 clean drinking water—haven’t been fulfilled, and promised that if reelected, his government would focus on unemployment.
BJP’s Strategy and Allegations Against AAP
- BJP’s campaign revolves around the “double-engine government” concept, aiming to enhance governance if both the central and Delhi governments are under BJP control.
- The BJP has also questioned AAP’s claim of incorruptibility, focusing on allegations of corruption in liquor license allotment and spending on Kejriwal’s official residence.
- The BJP has accused the AAP government of not tabling reports from the Comptroller and Auditor General and has promised to release these reports and launch a probe.
Congress’s Campaign and Nostalgia
- Congress is banking on its past track record, claiming that its previous governments were more efficient in implementing welfare schemes.
- The party is also invoking nostalgia for former Chief Minister Sheila Dikshit, whose infrastructure developments are still remembered by many in Delhi.
- Congress has criticized Kejriwal for staying silent on the demand for a caste census, aiming to appeal to specific voter segments.
BJP’s Strategy to Appeal to Migrant Voters
- The BJP is fielding Uttar Pradesh Chief Minister Yogi Adityanath, aiming to tap into the growing migrant voter base from Uttar Pradesh and Bihar, which is becoming an influential segment in Delhi’s electorate.
Conclusion
- As all parties intensify their campaigns with welfare promises and political strategies, the Delhi Assembly elections have become a battle of populism, with each party trying to outdo the others in attracting voters with promises of benefits.
Disclaimer:
This analysis is based on the editorial content published in The Hindu and is intended solely for informational and educational purposes. The views, opinions, and interpretations expressed herein are those of the author of original article. Readers are encouraged to refer to the original article for complete context and to exercise their own judgment while interpreting the analysis. The analysis does not constitute professional advice or endorsement of any political, economic, or social perspective.
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