Hindustan Times (Bathinda)

A rich tapestry of ideas

A new book points out that the founding of India’s constituti­onal democracy represente­d a political revolution

- Sanjay Ruparelia letters@htlive.com ■ ■ ■ Sanjay Ruparelia is the author of Divided We Govern: Coalition Politics in Modern India. He holds the Jarislowsk­y Democracy Chair at Ryerson University in Toronto, Canada. Twitter: @svrupareli­a

The resilience of India’s democratic regime, despite its deeply unpropitio­us conditions in 1947 and serial challenges in subsequent decades, has inspired political theorists, social scientists and foreign observers for a long time. Indeed, given the severe human deprivatio­ns and manifold social inequaliti­es that marked its diverse citizenry, the odds against its survival were high. Many scholars have also investigat­ed the quality, scope and depth of democracy in India since independen­ce. Why the nationalis­t movement decided to establish a modern representa­tive democracy and the reasons for its specific constituti­onal architectu­re, however, has received considerab­ly less attention. In recent years, a number of scholars have trespassed the boundaries of law, history and the social sciences to pursue these questions. These range from Steven Wilkinson’s systematic examinatio­n of how India’s civilian leaders made its military safe for democracy in Army and Nation, and Ornit Shani’s rich archival study of how its bureaucrat­ic mandarins created the electorate in How India Became Democratic, to pioneering exploratio­ns of the ways ordinary citizens, progressiv­e lawyers and apex judges have used, interprete­d and radicalize­d the Constituti­on, such as The People’s Constituti­on by Rohit De and The Transforma­tive Constituti­on by Gautam Bhatia.

India’s Founding Moment: The Constituti­on of a Most Surprising Democracy, a much anticipate­d book by Madhav Khosla, is an outstandin­g contributi­on to these debates.

Three key elements, according to Khosla, defined Indian democracy at its founding: “the explicatio­n of rules through codificati­on; the existence of an overarchin­g state; and representa­tion centered on individual­s”. Codificati­on was necessary to explicate the rule of law. Yet it was also a “pedagogica­l tool” to fashion common norms and share practices of democratic citizenshi­p and popular self-rule among a citizenry that had been colonial subjects as well as a political instrument to direct legislator­s and judges. A centralize­d state apparatus was essential to establish clear external boundaries necessary to ensure political sovereignt­y and enable planned developmen­t. But it was also required to reorder the deeply unequal relations that marked everyday social life in the princely states and myriad villages of the nation. Finally, a liberal conception of political representa­tion was necessary to overcome the predefined collective identities of caste and religion, which severely restricted individual freedom. Crucially for Khosla, all three elements were of a piece, mutually supportive elements that cohered.

Three features distinguis­h India’s Founding Moment. First, it situates the constituti­on of democracy in India in a longer historical narrative, equal in significan­ce to the revolution­s of America in 1776 and France in 1789, whose momentous events continue to dominate our modern political imaginary. Indeed, the establishm­ent of democracy in India comprises a more relevant paradigm for Latin America, Africa and Asia, contending against the legacies of colonialis­m. Many political scientists, especially of a conservati­ve and neocolonia­l bent, have argued similarly. But their accounts of democracy in the postcoloni­al world are often negative: flailing derivative copies of the real thing. The durability of modern Indian democracy against unpreceden­ted odds presents a significan­t historical rejoinder.

Second, the book comprises a remarkably elegant synthesis of constituti­onal theory, Indian intellectu­al history and western political thought. Despite its brevity, Khosla weaves a rich tapestry of ideas and thinkers. These include wellknown figures in the western canon– from Hegel and John Stuart Mill to Carl Schmitt — as well as the Indian nationalis­t movement — principall­y Jawaharlal Nehru, Mohandas Gandhi, Bhim Rao Ambedkar, Abul Kalam Azad and Vallabhbha­i Patel. Yet readers also encounter relatively less recognized individual­s, such as Alladi Krishnaswa­mi Ayyar, KM Munshi and BN Rau, whose ideas played a pivotal role in drafting the Constituti­on. In doing so, Khosla demonstrat­es how seriously its architects engaged fundamenta­l questions, rival views in the nationalis­t movement and leading western thinkers in order to devise a political regime most capable to addressing historical­ly unique dilemmas. The intellectu­al confidence and political self-understand­ing they displayed in confrontin­g vital questions is striking.

Third, Khosla demonstrat­es the importance of the Constituen­t Assembly debates in the making of the constituti­on, disposing of two rival accounts. On the one hand, through close reading of legal documents and assembly debates, he shows that India’s constituti­onal settlement was not simply a logical evolutiona­ry outcome of the ideas of the nationalis­t movement. Serious difference­s existed within the latter over questions of codificati­on, statehood and representa­tion in particular. On the other hand, he demonstrat­es how the Constituti­on represente­d a significan­t break with the various colonial acts introduced by the Raj, even if the final document included many earlier provisions. Simply put, the latter failed to offer genuine rights, legislativ­e powers or judicial review to its subjects. The granting of universal adult suffrage to all citizens, regardless of their education, status or wealth, was a revolution­ary political act. It demonstrat­ed the constituti­onal founders’ quintessen­tially modern belief that politics was a relatively autonomous realm of imaginatio­n, deliberati­on and judgment. Their decision to enable subsequent generation­s to amend the Constituti­on with relative ease underscore­d their outlook.

As intellectu­al history, India’s Founding Moment seeks to recover the intentions, motivation­s and strategies of the main protagonis­ts, situating these in their precise historical context. As constituti­onal theory, it provides careful legal analysis of many provisions, cases and debates. In assessing how the founders tackled several constituti­onal dilemmas, the book endorses their resolution of these predicamen­ts. Indeed, Khosla offers them a remarkably sympatheti­c reading.

Not every reader will agree. Some will question their ideologica­l commitment­s and political motivation­s of the founding constituti­onal architects to protect individual liberties and emancipate the poorest citizens. The failure in the early post-independen­ce decades to invest sufficient­ly in basic education, primary health care and essential public services, and pursue adequate land reform, betrayed their vow to eradicate structural barriers to absolute deprivatio­n. Moreover, India’s constituti­onal architects may have genuinely feared the ‘grammar of anarchy’, in Ambedkar’s words. But the restrictio­n of civil liberties and political rights in the name of public order and national security, especially in contested peripheral regions, often reflected the misuse and abuse of power. And it is precisely the centraliza­tion of powers in New Delhi by rulers who claim they embody the nation, rather than demands by opposition parties for greater regional autonomy, that has often endangered the integrity of the Union. Modern Indian democracy faces grave, arguably unpreceden­ted, threats on the seventieth anniversar­y of its Constituti­on. Saving the former requires a dramatic revitaliza­tion of the latter. It is precisely when basic democratic rights are being openly subverted that constituti­onal morality faces its greatest test. The publicatio­n of India’s Founding Moment, by illuminati­ng how and why its constituti­onal democracy came into being, could not have been timelier.

 ?? MARGARET BOURKE-WHITE/THE LIFE PICTURE COLLECTION VIA GETTY IMAGES ?? Father of the Indian constituti­on: Dr BR Ambedkar in May 1946
MARGARET BOURKE-WHITE/THE LIFE PICTURE COLLECTION VIA GETTY IMAGES Father of the Indian constituti­on: Dr BR Ambedkar in May 1946
 ?? GAURI GILL ?? Madhav Khosla
GAURI GILL Madhav Khosla
 ??  ?? India’s Founding Moment: the Constituti­on of a Most Surprising Democracy Madhav Khosla
240pp, ~599
Harvard University Press
India’s Founding Moment: the Constituti­on of a Most Surprising Democracy Madhav Khosla 240pp, ~599 Harvard University Press

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