Universal adult franchise was the Constitution’s boldest move
The Preamble to the Constitution makes it clear that, first, the source of sovereign authority is the people of India and, secondly, India is to be constituted into a sovereign democratic republic. The expression “democratic” is used to make it quite clear that the Constitution rests on the principles of democracy and on the people’s will. It is a republic as there is no hereditary monarch as its executive head.
The Constitution is not pledged to any eco nomic order. It the necessary ele ments of growth, and elasticity to enable the country to adopt any eco nomic order the represent a choose tives may to adopt through the machinery provided for in the Constitution and the organs of government. By far the most important feature of the Constitution is the adoption of the principle of adult suffrage. The principle was not adopted by the Assembly in any light-hearted mood but with the full re ali implications. sation of its If democ racy is to broad-based and the system of government that is to function is to have the ultimate sanction of the people as a whole in a country where a large mass of people are illiterate, and where people owning property are few, the introduction of any property or educational qualifications for the exercise of the franchise would be a negation of the principles of democracy.
The adoption of universal suffrage is a great and bold venture of faith of the Constituent Assembly in the people of the country and in the principle of democracy. It is hoped that modern facilities in respect of methods of communication, the radio, and the political education imparted to the masses by organisations, like the Congress, will enlighten the electorate in the wise use of their franchise.
It is hoped that the elections under the new Constitution will reveal our genuine faith in the fundamental principles of democracy and in the establishment of a secular state without distinction of caste, creed or class. Closely allied with the principle underlying the principles of the Constitution dispensing with communal electorates are the provisions in the chapter on fundamental rights that every citizen shall have equality of opportunity in matters relating to employment or appointment to any office under the state, that no citizen on the grounds of religion, race, caste, sex, descent, place or birth, be ineligible for or discriminated against in respect of any employment or office under the State.
A special exception, however, has been made in respect of the backward class of citizens. The abolition of untouchability is another notable step taken by the Assembly.
The Constitution has accorded the proper place to the judiciary as it should in any democratic constitution, especially in a federal constitution. The limitations on the powers of the different organs of State can be preserved in no other way than through the medium of courts. The Supreme Court of India under the new Constitution has wider powers than the highest court in any known federation, including the Supreme Court of the USA. It is both a final court of civil appeal from all courts in India, and the final interpreter of the Constitution.
In regard to the location of executive power and the relationship that should subsist between the legislature and the executive, the Constituent Assembly, after giving its best consideration to every type of democratic government, has ultimately adopted the institution of responsible government as obtaining in Great Britain and Dominions.
In regard to citizenship, the Constitution deliberately adopts the principle of single citizenship for the whole of India and not a dual citizenship, a common feature of many federations. It is hoped that this will lead to the consolidation of the Indian nation. The Constitution does not purport to enact a detailed law as to citizenship but leaves it for Parliament to frame such a law.
The taxing provisions are in line with the taxing provisions in other federal constitutions and recent developments in regard to the division or distribution of proceeds as also the grant of subsidies. The articles in regard to inter-state trade relations are an improvement upon similar provisions in other constitutions.
They are more elastic and flexible and have been framed with a view to suiting the exigencies and economic conditions of a vast continent like India.
The Constituent Assembly has taken a wise and bold step in regard to the State language for the whole of India, realising that language is the most important factor in consolidating and unifying a nation. At the same time it recognises the importance of regional languages in so vast a country as ours. It has not lost sight of the need for English for legal purposes for some time and for scientific and international purposes in the world as constituted today.
There is no merit in the criticism that the Constitution is far too detailed and elaborate if only we remember the complex conditions in the Indian continent and the fact that we are taking over existing institutions and administrative machinery with the new Constitution and that adequate provisions had to be made for their smooth working and their harmonious relations with the new government. On the whole it may be claimed that the Constitution contains within itself the necessary elements of growth, flexibility and expansion.
Any Constitution, however well designed, is what the people make of it as it is the human element that after all is the most important in the working of any institution. The experience of all civilised countries demonstrates the truth of the above statement.
If there is a genuine flaw in the Constitution which impedes its smooth working or the country’s progress in any direction, a comparatively easy and flexible method of amendment has been provided for.