constitutional ethos and current issues

Constitutional ethos & the current issues. (1200 words) On the eve of independence in 1947 the literacy rate of the nation was 12% and the GDP was 3%, the various elites and philosophers was of the opinion that the India will be fragmented due to its plural demography and the illiteracy, yet the architects of constitution led by BR Ambedkar focused on the basic ethos of humanity and established the Republic Democratic India with focus on equality, justice, liberty, fraternity, socialism and secular aspects which not only led to united India but a prosperous and evolved India. Constitutional ethos means that we should not only respect the legal books and its word but also the spirit and nature of the same that is equality, fraternity, justice and secular aspects. In this essay we are going to discuss the various constitutional morality and ethos that held the nation in its true form like equality, fraternity, justice, liberty and the relation of these ethos with the current scenario and after that we will discuss the contradiction b/w ethos and issues and the remedy of the same and the way forward. Constitution: More than a legal book/manual.

Constitution is often described as the legal entity with focus on laws, articles, schedules. But the role of Indian constitution is more than that as it is not only the legal book but the moral and democratic book. The Indian constitution is of the nature that it emphasize on various moral and social responsibilities. The responsibilities is not only on the institutions but on the individuals also like the fundamental rights are the source of individual freedom but liability on the state/institution. DPSP's are the framework for the state for social and economic welfare. Fundamental duties are there for demanding responsibility from the citizens. Thus the constitution is not a book but a ethical framework that reminds the state of social, political and economic welfare and citizens of their duties, so it influence every sector of the country for e.g. A majority community respecting the rights of minority, offices treating poor and rich alike, member of parliament listening the demand of the public - these constitute the example of ethos of constitution.

After discussing the nature of constitution we are going to discuss the various ethos and the issues. Equality: Difficult to achieve? The basic fundamental approach of the Britishers was of inequality and eradication of inequality was the main focus of the freedom fighters and social reformer which led to freedom of India. As it was the biggest promise of the constitution so the architects of the constitution focused on equality and embeded fundamental rights like Article 14-18 - Right to equality and gender and - right against discrimination. - Fair wage act, gender equality and reservation for ST's/SC's and womens. which are of affirmative nature. Despite all the efforts, Indian society continues to remain unequal and inequality exists in different form like social, political, economic, educational and cultural. The recent CUP protest was due to NEET paper leak and other exam leaks in recent times demanding the institutional reforms along with educational and economic opportunity for all. The protest advocates for equality of opportunity and right to protest under Article 14 & 19 respectively. Now we have discussed the equality and issues we are now going to discuss freedom of speech and issues of defamation.

Freedom and Defamation:- Sedition under 124A of IPC and right to freedom of speech under Article 19(1)a and right to life and personal liberty under article 21 contradict each other. The constitution enable the citizens to question those in power and this is the foundation of democracy as this limits the power of govt and require accountability but the recent social media rise has challenged the above rights. The rise of deepfakes, Artificial intel and other algorithmic operation not only led to integrity, defamation but also led to national security risks. The challenge remains there to balance the two. e.g In Subramanian Swamy vs UOI the article 499 which is defamation as criminal offence was challenged and court order to protect freedom of speech, the reputation of individual can not be nullified. As we have now discussed the equality and freedom of speech now we will discuss the federalism as constitution ethos and the challenges to obtain it.

Federalism and Centralising Tendency: The Indian Constitution advocates for cooperative federalism that is trusting the immense diversity while maintaining the Unity. State and Union as partners for development. The current issues regarding the federalism as the basic feature of the constitution is that the distribution remains blurred, GST compensation framework and the recent issue of role of Governor. Though the issues are main focus of recent governments, to eradicate this we not only need the cooperative federalism but we need collaborative federalism as advocated by ARC report, Punchhi commission and Sarkaria Commission.

Now we will look into the Secularism and issues and remedification of the same. The secularism in India is different from the west as in west there is arm length distance between the two that is state and religion but in India we focus on "Sarva Dharm Sambhav" that is respecting all religions equally. the word is added by the 42nd amendment act but the nature of Indian society was always like that from centuries. The plural nature of Indian society was the basis of secularism in India as the society not only tolerated the others but also understands each other, this is why India being a pluralist and diverse country also a worlds largest democratic country. Though the diversity is there but the recent issues has eroded the very basic postulate of the constitutional ethos. The various examples are present there like the Religion based politics led to communal politics and Hate speech. The current issue of UCC which is enshrined in article 44 of constitution led to debate between the Article 25 and Article 44. Recent debate of Citizen Amendment bill has also sparked, with emphasis that religion as a factor for determining citizenship.

Now after discussing the secularism, we are going to discuss justice as constitutional ethos and challenges to it. Justice: 'A fair treatment' Justice is defined as the fair treatment and equal distribution of resources, and opportunities - social, political & economic. The word is enshrined in the preamble of India as the basic constitutional ethos. Justice is linked to rule of law and independent judiciary. The justice is often meant that equal treatment for all irrespective of position, influence and wealth but the current issue is that efficiency of the justice system. The pendency of the cases is the main concern and the undertrials. For eg. there are 5 crore cases pending in India with 75% plus in subordinate and district courts. More than 70% of Indian prisons consists of the undertrials. This is due to shortage of judges, adjournments and inadequate facilities.

"Justice delayed is Justice denied" In order to overcome the issues of justice the role of institution like judiciary is more than anyone else because it is the "guardian of Constitution". There is need of alternative dispute resolution like mediation, arbitration and counselling along with infrastructure improvement & appointment of judges like the law commission has advocated for 50 judges/million instead of the current capacity of 21 judges/million. The role of civil societies and NGOs are also vital along with the role of citizens. An aware citizen is need of the hour. Now we will discuss the role of citizen and the participative nature of the society for enhancing the constitutional ethos.

Citizens and local participation: Constitution gave the guarantee of equality, justice, fraternity but only giving the right does not ensure the same one need accessibility and affordability also for example the 73rd & 74th CAA give the democratic participation and Article 39 advocated for free legal aid which will enhance the participation of every sector of citizens like reservation for SC & ST and 1/3rd for womens. Despite the efforts of govt the issue remains there due to various factors like the concept of panch patis, discrimination of dalits and atrocities of the SC and STs. The institution must need to looks on these and revise the acts like the atrocities Act for SC & STs, women reservation Act etc. Fraternity: The Brotherhood The word fraternity is enshrined in the preamble as a goal of society. Fraternity means sense of Brotherhood and dignity for all citizens. Though the word of Fraternity is the goal of the Constitution but the various issues are there to undermine the concept like Social and caste inequalities led to fragmented societies. Communalism led to religious polarization, regionalism and linguistic based groups. To overcome these we need to go back on the advice of Dr. B.R Ambedkar who views Equality, liberty and fraternity as the trinity for democracy. To overcome these issue we need to focus on constitutional morality along with inclusive governance and effective government policies and legal actions. The awareness about fraternity need to be taught at schools, colleges. The constitutional ethos has evolved over time and now the various aspects of society - not only moral but environmental ethos are also inculcated into it like the Article 21 - Right to life is organic and evolving over time.

it added right to clean environment and fresh air, right to shelter as fundamental rights. Way fwd :- The constitution as a social contract of Rosseau can be understood between citizens and state as citizens give the state legitimate authority. in return state promise - Security, justice, liberty, equality, welfare and dignity. When the state become autocratic the constitutional ethos become weak and virtual. To overcome these hurdles and challenges we need not new constitution but proper implementation and accountability along with inclusion and participation of every sector and institutions. The need of the hour is that we need the constitutional literacy and strong institutions without politics and proper parliamentary functions. The India of 1950 & current is vastly different yet the question remained same. - Constitutional ethos and role of ethos in todays world. and the answer to this question is that. The constitution ethos is the need of hour and to inculcate the ethos we need to adopt this not only in legal terms but as a culture that give life to citizens and democracy.