Republic Day is celebrated in India because the Indian Constitution came into effect on January 26, 1950. This year, we are celebrating our 77th Republic Day. On this occasion, we must remember the efforts made by the members of the Constituent Assembly to create the cornerstone of Indian governance. They incorporated elements from various constitutions of the world that protect democracy into our constitution. The Constitution of India is the longest written constitution in the world. It took approximately 2 years, 11 months, and 18 days to complete the constitution. It is the supreme law of India.
This document lays down the framework defining fundamental political principles, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and duties of citizens. Initially, it had 395 articles in 12 parts and 9 schedules. With approximately 145,000 words, it is the second-longest active constitution in the world after the Constitution of Alabama. Now, the Constitution has a preamble and 448 articles, which are divided into 25 parts. With 12 schedules and five appendices, it has been amended 106 times as of January 2025.
However, there is still ambiguity regarding various aspects of the constitution. The main issues include the balance of power between the center and states, protection of fundamental rights, separation of powers, disputes over federalism (e.g., Article 356, the roles of governors, legislative conflicts), the scope of judicial review, reservation policies, and freedom of speech.
Federalism & Center-State Disputes: Disputes frequently arise regarding the misuse of the Governor’s office, imposition of President’s Rule (Article 356), and interference by central agencies (ED/CBI) in state matters. Federalism in India divides powers between the center and states, but the use of Article 356 (President’s Rule), as seen in the S.R. Bommai case, is a prime example where the arbitrary dismissal of state governments led to constitutional breakdowns. The implementation of the Goods and Services Tax (GST) has also caused center-state tensions over revenue sharing and fiscal autonomy.
Delays in granting assent to bills in states like Tamil Nadu and Kerala highlight the Governor’s role as a point of contention, leading to political gridlock and governance paralysis. Inter-state river water disputes (e.g., Cauvery, Krishna, Godavari disputes) often escalate into constitutional and political crises. Central laws on subjects in the State List, such as the farm laws, have provoked strong federal resistance. The misuse of central agencies (CBI, ED) against state leaders undermines cooperative federalism. Such disputes disrupt the constitutional balance and weaken democratic norms. This could lead to administrative instability and calls into question the spirit of Indian federalism.
Challenges to Fundamental Rights: Disputes frequently arise concerning the right to freedom of speech, religious freedom, and the right to privacy. There are often conflicts between individual liberties and state security measures. Fundamental rights in India face challenges when state actions conflict with constitutional guarantees. Freedom of speech (Article 19) is threatened by the misuse of laws such as sedition and the Unlawful Activities (Prevention) Act (UAPA). The right to equality (Article 14) is challenged by discriminatory policies. Preventive detention laws restrict personal liberty (Article 21), often without timely judicial review. Internet shutdowns, as in the Anuradha Bhasin case, affect freedom of expression and livelihood. Religious freedom (Article 25) faces limitations through restrictive regulations, leading to social unrest. Delays in justice weaken the right to constitutional remedies (Article 32).
Custodial torture and encounters violate the right to life and dignity. When such violations persist, they erode public trust, increase the burden on courts, undermine the rule of law and democratic values, and create a constitutional crisis. Judiciary vs. Executive/Legislature: This includes issues such as the executive’s role in judicial appointments, pendency of cases in tribunals, and separation of powers. Conflicts arise between the judiciary and the executive or legislature when constitutional boundaries are challenged, a prime example being the National Judicial Appointments Commission (NJAC) Act case, where the Supreme Court struck down the 99th Constitutional Amendment, emphasizing judicial independence against legislative overreach.
Judicial review of laws such as the farm laws and electoral reforms often faces executive criticism. Delays in judicial appointments under the collegium system reflect executive-judiciary deadlock. Contempt of court cases against politicians exacerbate tensions. Issuing ordinances to bypass legislative scrutiny weakens the separation of powers. Governments’ failure to implement court orders erodes constitutional authority. Legislative attempts to overturn judgments through amendments raise concerns about constitutional morality, creating constitutional crises by challenging constitutional supremacy.
Reservation Policies: Disputes related to quotas in education and employment for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. Reservation policies in India aim to ensure social justice but frequently trigger constitutional challenges and crises. The implementation of the Mandal Commission led to nationwide protests, and the reservation for Economically Weaker Sections (EWS) (103rd Amendment) has raised debates on economic criteria and constitutional validity. State-specific quotas seek constitutional protection, leading to center-state conflicts. Reservations in promotions impact administrative efficiency and equality under Article 14. Judicial scrutiny of reservation laws often conflicts with legislative intent. These tensions create constitutional crises.
Inter-State Disputes: Water sharing (Article 262), and disputes related to territorial boundaries. Inter-state disputes arise in India when states clash over resources, borders, or administrative authority, often leading to constitutional crises. River water disputes, such as those involving the Cauvery and Krishna rivers, create prolonged legal and political stalemates despite the existence of tribunal mechanisms. Border disputes, such as those between Assam and Meghalaya, can lead to violence and breakdowns in law and order. Disagreements over the distribution of natural resources undermine cooperative federalism. Disputes over migration and residency policies affect equality and national unity. The implementation of tribunal or Supreme Court judgments often faces state resistance, weakening constitutional authority.
Legislative & Electoral Issues: Legislative and electoral issues in India frequently create constitutional crises within democratic processes. Disqualification of legislators, as seen in several state assemblies, leads to governance uncertainty. The electoral bonds scheme raised concerns about transparency and equity in political funding. Delayed elections or the imposition of President’s Rule disrupt democratic continuity. The role of the Election Commission is questioned when electoral conduct appears biased. The criminalization of politics erodes voter confidence in institutions. Such problems undermine the constitutional values of democracy, accountability, and free and fair elections, leading to constitutional crises marked by political instability and loss of public trust.
Measures to address the issues: Constitutional crisis issues can be addressed by strengthening democratic institutions and adhering to constitutional morality. A clear respect for the separation of powers between the legislature, executive, and judiciary must be ensured. Judicial independence must be protected through transparent and timely appointments. The misuse of Article 356 and ordinances must be strictly limited. Cooperative federalism should be promoted through regular consultations between the center and the states. Independent institutions like the Election Commission must function without political pressure.
Laws affecting fundamental rights should be subject to rigorous judicial and parliamentary scrutiny. Transparency in political funding and lawmaking should be promoted. Ultimately, constitutional values, accountability, and public awareness are crucial to preventing constitutional crises. Every citizen must respect the rights of others and perform their duties legally and ethically. Only then can everyone truly enjoy the essence of the Indian Constitution. Dr. Ambedkar rightly said that even if the constitution is good, if the implementing machinery is bad, the constitution is bad, and even if the constitution is bad, if the implementing machinery is good, the constitution is good.
