INTER PARLIAMENTARY UNION: POLITY
NEWS: In recent years, Parliament has passed several laws that promote social justice, inclusion: Lok Sabha Speaker
WHAT’S IN THE NEWS?
Lok Sabha Speaker Om Birla, at the 150th IPU Assembly, emphasized that the Indian Constitution’s spirit lies in ensuring equality, justice, and inclusion for all, especially the marginalized. His address reaffirmed India’s commitment to democratic values and social development through constitutional governance.
Context: Lok Sabha Speaker’s Address at IPU 150th Assembly
• Om Birla, Speaker of Lok Sabha, addressed the 150th Assembly of the Inter-Parliamentary Union (IPU) in Tashkent, Uzbekistan.
• He emphasized the spirit of the Indian Constitution as one that ensures equality, justice, and inclusion, especially for marginalized communities, aligning with India’s constitutional philosophy of social development and justice.
Understanding the Spirit of the Constitution
• The Indian Constitution is more than a legal text; it’s a living document reflecting the aspirations, ideals, and values of the people.
• Quoting B.R. Ambedkar: “The Constitution is not a mere lawyers’ document; it is a vehicle of Life and its spirit is always the spirit of Age.”
• It embodies justice (social, economic, political), liberty, equality, and fraternity, placing the individual at the center of governance.
Key Constitutional Values Enshrined in the Preamble
• Sovereign – India is free from external control.
• Socialist – Commitment to reducing inequality.
• Secular – No official religion; equal respect for all.
• Democratic – Power derived from the people.
• Republic – The head of state is elected, not hereditary.
Components of Justice, Liberty, Equality, and Fraternity
• Justice:
• Social: Abolition of untouchability (Article 17).
• Economic: Equal pay, reduced wealth gaps (DPSPs).
• Political: Universal adult franchise (Article 326).
• Liberty:
• Guaranteed under Articles 19–22 (thought, expression, belief, worship).
• Equality:
• Article 14: Equality before law.
• Article 15: No discrimination.
• Article 16: Equal opportunity in public employment.
• Fraternity:
• Promotes unity and individual dignity; supported by Fundamental Duties (Article 51A).
Constitutional Provisions That Uphold the Spirit
• Rights (Part III): Core liberties for citizens.
• Directive Principles (Part IV): Guide state policy for a welfare state.
• Fundamental Duties (Part IVA): Encourage civic responsibility.
• Article 32: Right to Constitutional Remedies — “Heart and Soul of the Constitution”.
The Inter-Parliamentary Union (IPU) and India’s Role
• Founded in 1889; HQ in Geneva.
• Works to strengthen democratic governance globally.
• India is a founding member, representing a commitment to democracy and inclusion.
• Om Birla’s speech echoed India’s role as a democratic leader promoting social justice.
Historical Failures to Uphold Constitutional Morality
1. Emergency (1975–77):
• Fundamental Rights were suspended.
• Press censorship and political arrests violated constitutional democracy.
2. Shah Bano Case (1985):
• Parliament overturned a progressive SC ruling, undermining gender justice and secularism.
3. Melavalavu Massacre (1997):
• A Dalit panchayat president was murdered; showed caste-based failure in implementing social justice.
4. Section 66A IT Act:
• Curbed free speech; later struck down in Shreya Singhal v. Union of India (2015).
Judicial Interpretations Reinforcing Constitutional Spirit
• Basic Structure Doctrine (Kesavananda Bharati, 1973): Parliament cannot amend the basic features (e.g., democracy, judicial review).
• Article 21 Expansion:
• Maneka Gandhi (1978): Due process required.
• Francis Coralie (1981): Right to live with dignity includes health, shelter, and education.
• Social Justice:
• Indra Sawhney (1992): Upheld OBC reservations; introduced creamy layer concept.
• Shyam Sunder (2011): Equal access to quality education under Article 14.
• PILs as a Social Tool:
• Bandhua Mukti Morcha: Rights of bonded laborers.
• Vishaka Guidelines (1997): Workplace protections for women.
• Environmental Rights (MC Mehta Cases): Right to a clean environment linked to Article 21.
• Right to Privacy (K.S. Puttaswamy, 2017): Declared as part of Article 21.
• Gender & LGBTQ+ Rights:
• Navtej Johar (2018): Decriminalized homosexuality.
• Joseph Shine (2018): Struck down adultery law.
• Shayara Bano (2017): Declared Triple Talaq unconstitutional.
Recent Legislative Measures Reflecting Constitutional Ideals
• Bharatiya Nyaya Sanhita (2023): Replaces IPC; focuses on justice and victim-centric reform.
• Bharatiya Nagarik Suraksha Sanhita (2023): Modernizes criminal procedure (CrPC); time-bound trials, digital FIR.
• Bharatiya Sakshya Adhiniyam (2023): Recognizes digital evidence; strengthens fair trial.
• Nari Shakti Vandan Adhiniyam (2023): Reserves 33% seats for women in legislatures.
• Transgender Persons Act (2019): Prohibits discrimination; mandates welfare.
• Ayushman Bharat – PM-JAY: Free health insurance for the poor — upholding right to health.
• Rights of Persons with Disabilities Act (2016): Inclusive provisions in education, employment, and accessibility.
Role of Parliamentary Committees in Upholding Constitutional Spirit
• Maintain Separation of Powers: Committees scrutinize executive actions; ensure accountability.
• Rule of Law & Legal Scrutiny: Bills reviewed and amended to align with constitutional norms.
• Democratic Deliberation: Non-partisan, evidence-based deliberations.
• Social Justice Oversight: Committees review policies for SCs, STs, women, minorities.
• Federalism: Members from various states ensure regional concerns are heard.
• Transparency & Accountability: Public reports promote governance transparency.
• Ethical Oversight: Ethics Committees uphold parliamentary dignity.
Contemporary Challenges Undermining Constitutional Spirit
• Executive Dominance:
• Decline in referring Bills to committees; rise in ordinances.
• Whip culture curbs free debate.
• Politicization of Committees: Partisan influence undermines objectivity.
• Weak Follow-Up: Committee recommendations are non-binding.
• Judicial Overreach: Sometimes judiciary fills legislative vacuum (e.g., Vishaka Guidelines).
• Weakening Federalism: Centralized decision-making (GST, fiscal powers).
• Lack of Expert Capacity: Committees lack technical staff and research support.
• Ethical Deficit: Over 44% MPs have criminal cases (ADR, 2024).
• Public Apathy:nCitizens unaware of committee work; weakens democratic checks.
Way Forward to Revive and Uphold Constitutional Spirit
1. Strengthen Committee System:
• Make referrals mandatory for major Bills.
• Legally enforce implementation of committee recommendations.
2. Deliberative Democracy:
• Public consultations; expert opinions must be incorporated.
3. Institutional Balance:
• Executive must respect legislative process; judiciary must show restraint.
4. Transparency:
• Telecast committee meetings; publish reports widely.
5. Neutral Leadership in Committees:
• Reduce political interference; empower Ethics Panels.
6. Revive Federalism:
• Re-activate GST Council and Inter-State Councils with consensus-driven models.
7. Citizen Engagement:
• Promote legal literacy campaigns (e.g., Hamara Samvidhan, Hamara Samman).
• Encourage RTI, PILs, citizen audits.
Conclusion
• The spirit of the Indian Constitution lies in promoting justice, equality, liberty, and fraternity while ensuring inclusive development.
• Upholding this spirit requires active participation from all institutions—legislature, executive, judiciary—and above all, engaged citizenship.
• As Om Birla rightly noted, integrating the marginalized into the mainstream of progress reflects constitutional morality in action, not just theory.
Source: https://www.thehindu.com/news/national/in-recent-years-parliament-has-passed-several-laws-that-promote-social-justice-inclusion-lok-sabha-speaker/article69419682.ece