The Purpose and Challenges of the Indian Constitution in Today’s India
A VIDEO discussion was held by the eminent Indian Supreme Court lawyer, President of the Supreme Court Bar Association, and former Indian Union Minister Kapil Sibal, along with three lawyers, on the topic “Has the Indian Constitution Failed Us, or Have We Failed the Constitution?”
Most of the panelists stated that the people of India have failed the Constitution. In other words, they believe there is nothing wrong with the Constitution.
In my opinion, the very question has been wrongly framed. Let me explain.
The Indian Constitution was created by borrowing from Western models. Our Constitution makers adopted the parliamentary system of democracy and an independent judiciary from Great Britain, fundamental rights and the federal system of government from the US Constitution, and the Directive Principles of State Policy from the Irish Constitution, among other elements.
Thus, the Indian Constitution enshrines modern principles like freedom of speech, liberty, equality, freedom of religion, and secularism, and establishes modern institutions like parliamentary democracy, an independent judiciary, and a non-political bureaucracy.
However, this modern Constitution was transplanted from above and imposed on a largely feudal country, which India was at the time of independence in 1947.
As a result, the Indian Constitution and Indian society did not align—while the Constitution was modern, society was feudal and backward. This was unlike Western countries, where the Constitution and society corresponded with each other, both being modern.
The thinking of our Constitution makers was that this modern Constitution would transform our feudal, backward society and elevate it into the modern age.
To some extent, and for some time after the Constitution was adopted in 1950, it did. More children, including girls, began attending school, engineering colleges and steel mills were established, and more.
But thereafter, the process was reversed, our modern institutions gradually became feudalized, and the modern principles of freedom of speech, liberty, secularism, etc., were reduced to mere fig leaves—hollow and empty shells. Under the BJP rule from 2014, atrocities against Muslims have increased exponentially, freedom of speech has been significantly curtailed, and criticism of the government and communal agents has become dangerous, similar to the situation in Nazi-era Germany.
How did this happen?
It happened because the basic misconception of our Constitution makers was that the transformation of a feudal country into a modern one could be achieved merely by creating a modern Constitution or modern laws.
In fact, historical experience shows that such a radical transformation can only be achieved through a mighty historical people’s struggle, led by patriotic, selfless, and modern-minded leaders, culminating in a historical people’s revolution, as occurred in England in the 17th century, France in 1789, Russia in 1917, and China between 1924 and 1949.
Without such a people’s struggle and revolution, it is a total fallacy to believe that a nation can be radically transformed merely by making a modern Constitution and imposing it from above on a feudal, backward society.
The purpose the Indian Constitution is now serving has been detailed in this article. 
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Markandey Katju
Justice Markandey Katju is former Judge, Supreme Court of India and former Chairman, Press Council of India.
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