In a recent opinion piece that has ignited a nationwide debate, Bibek Debroy, the prominent economist and Chairman of the Prime Minister’s Economic Advisory Council (EAC), called for a reconsideration of India’s existing Constitution, prompting discussions on its colonial origins and contemporary relevance.
Debroy’s article, published on India’s 77th Independence Day, has raised questions about the necessity of a ‘new Constitution,’ highlighting the complexities surrounding constitutional reforms in a democratic nation of India’s stature.
Debroy’s Provocative Proposition
Debroy remarked that India’s current Constitution bears the marks of colonial legacy, pointing out its foundations in the Government of India Act of 1935. He argues that while amendments have been made to the Constitution over the years, it fails to address the changing aspirations and dynamics of a modern India.
To substantiate his claims, Debroy refers to a study indicating that the average lifespan of written constitutions is merely 17 years, raising concerns about the adaptability of India’s founding document.
The Reaction on Debroy’s remarks
Debroy’s proposition has been met with a mix of acclaim and criticism, with several opposition parties voicing their disagreement. They argue that the Constitution has been instrumental in safeguarding the rights of India’s 1.4 billion citizens and that its evolution through amendments has ensured its contemporary relevance.
The controversy has taken center stage, eliciting responses from political leaders, legal experts, and citizens alike. Critics of Debroy’s viewpoint emphasize that the Constitution’s ‘basic structure’ has been deemed inviolable since the 1973 Kesavananda Bharati case, a landmark judgment that restricts amendments that alter its core principles.
Opposition parties have denounced Debroy’s call for a ‘new Constitution,’ with some demanding legal action against him for challenging the sanctity of the existing framework.
BSP President, Mayawati, also took a hit at Debroy, saying , “Selfish, narrow-minded, casteist elements do not like the Constitution, and talk of changing it into an anti-people document. Opposing such an idea is everyone’s responsibility,” said the BSP president.
EAC Distances Itself
In the midst of this maelstrom, Economic Advisory Council to the Prime Minister (EAC-PM) moved swiftly to clarify its stance. In a statement, the EAC- PM asserted that Debroy’s article was his personal viewpoint and does not reflect the council’s position or that of the Indian government.
Debroy’s Response
Bibek Debroy, in response to the controversy, reiterated that his article represented his personal views and not those of the EAC-PM or the government. He emphasized that it is not uncommon for scholars and intellectuals to offer alternative perspectives on constitutional matters, highlighting that debates on constitutional reform have occurred in various nations throughout history.
Debroy clarified that he was not advocating for scrapping the current Constitution but instead proposing a reevaluation that considers the contemporary socio-political landscape.
Drawing parallels to historical instances, including Dr. B.R. Ambedkar’s calls for reviewing the Constitution’s provisions, Debroy indicated that intellectual discourse on such matters is essential for a thriving democracy.
The Larger Debate
Debroy’s purported article has reignited the broader discourse about constitutional amendments and the evolving nature of democratic frameworks. Constitutional experts emphasize that amending the Constitution is not uncommon; the Constitution itself has been amended over a hundred times since its adoption. However, the challenge lies in determining the balance between safeguarding the Constitution’s core principles and adapting it to suit evolving societal demands.
The very essence of democracy is rooted in the ability to discuss, debate, and evolve laws and governance systems. This recent controversy underscores the vitality of intellectual exploration and democratic discourse, even when those discussions challenge established norms and principles.
Bibek Debroy’s call for a ‘new Constitution’ has propelled India into a spirited debate over the relevance, evolution, and adaptability of its founding document. While his proposition has drawn criticism from certain quarters, it has also sparked essential conversations about the role of the Constitution in a changing world.
