Tag: Indian Constitution

Is it a People’s Constitution?

“The constitution is not for the exclusive benefit of governments and states; it is not only for lawyers and politicians and officials and those highly placed. It also exists for the common man, for the poor and the humble, for those who have businesses at stake, ‘for the butcher, the baker, and the candlestick maker'”

Justice Vivian Bose, 1956

While I was reading this book that celebrates the contribution of ordinary people in shaping the constitution of India, a heinous and brutal crime was being committed in the largest State of India. A Dalit girl was brutally raped by upper caste men in the Hatharas district of UP and she subsequently succumbs to her injury in a Delhi hospital. But the Orwellian thing about the whole incident is that the girl was denied dignity even in her death. Her body was cremated in the mid-night without informing her family, and the police didn’t give access to her family to see her one last time. It shows that even after the seven decades of the enactment of the Constitution of India, justice seems very far away especially for the marginalized sections of the society though, this book paints a different picture altogether.

People’s Constitution turns out to be a unique book for me because even till now I used to think that fighting for constitutional rights and going to Supreme Court has always been the prerogative of the educated and the elites of our country. The book gives the subaltern perspective on Indian Constitutional Law and constitutional rights and how the Constitution of India was shaped and transformed by the marginalized sections of the society. As the author of this book puts it, ” the Constitution didn’t descend upon the people; it was produced and reproduced in everyday encounters.”

The book narrates the cases of constitutional significance led by ordinary people during the first two decades of the enactment of the Constitution of India. It shows that how the honest prostitutes, invisible butchers, Marwari merchants, vegetable vendors, and other ordinary citizens showed exceptional courage and also ‘constitutional consciousness’ in those days itself. They took the legal route to fight for their fundamental rights. The idea is that constitution was interpreted in different ways by the ordinary people of the country and it was not the only prerogative of the elites. And the fascinating thing about this book is that the author has taken special effort to sit in the Supreme Court archive room and go through the important government orders, notifications, documents and the arguments exchanged between both the parties and showed in his book that various things happen around an important case when the case is being heard in the Supreme Court.

And the best thing I liked about this book was that the litigation/case in the court should never be seen in terms of winning and losing. The arguments exchanged in the courtroom and the discussion outside in media and in the public have a huge significance because it brings out all the nuances of that particular issue and what was the public sentiment about it and how it was played around in the public memory.

Also, I noticed one more interesting pattern, how the document of the Constitution of India was being used by both the parties who were asking for their rights and other who were trying to prohibit or ban the particular activity. For instance: if Husna Bai was asking from the Court to protect her freedom of trade and profession of prostitution, at the same time, her critics and also Durga Bhai Deshmukh & Rameshwari Nehru had been instrumental in enactment of prohibitions laws on human trafficking and forced labor on the basis of Article 23 of the Constitution. And also in the case of banning cow-slaughter on the basis of Article 28 leading to The Hanif Querishi Case displayed that proponents and opponents of the ‘cow slaughter ban’ chose the constitutional methods to fulfill their goals.

The author claims that the Indian constitutionalism is still unexplored and understudied because it defies easy explanations. The constitutionalism as a concept is based on the desirability of the rule of law rather than the arbitrary rule of men, but the irony is that both simultaneously exist in India as we can see the ordinary people going to court to fight for their fundamental rights and at the same time there is no rule of law in many parts of the country.

The important argument of the author is that these cases filed by ordinary people were mostly related to their daily lives. And these ordinary people were from mostly minority communities or subaltern groups. And the final argument is that these people went to court to secure their economic rights which were getting hampered as the new Indian State was trying to regulate the market.

In just 228 pages the author has shown the remarkable stories of marginalized and deprived sections of the society that have already been started striving for their constitutional rights just after the enactment of the Constitution of India. The book is quite comprehensive, and most of the time feels like an academic research paper 😉 However, the book is one of the unique attempts to recognize the study of constitutionalism from below and how the constitution created a platform through which the citizens and the State can communicate with each other.

However, the reach of the Indian Constitution for the marginalized sections of the society has not been substantive enough till now. Though the author celebrates the contribution and participation of the marginalized sections as well as minority communities of the Indian society in using the newly enacted Constitution to empower themselves. However, I still believe in the short story of “Naya Kanoon” (The New-Constitution), also mentioned in the book, by one of the greatest Urdu writers Sadaat Hasan Manto written in the context of the Government of Indian Act 1935. This story is still relevant because the ordinary poor people, (remember the migrant crisis during the lockdown), still treated in the same way by the State as the Ustaad Mangu, the tonga driver in this story was treated by the policeman. So the Kanoon is still the “old one”.

Indian Government and Politics

If I were asked under what sky the human mind has most fully developed some of its choicest gifts, has most deeply pondered on the greatest problems of life, and has found solutions, I should Point to India.

Max Mueller (German Scholar)

Indian Polity: M Laxmikant: Indian Polity by Laxmikant is the bible for UPSC aspirants. It is not only helpful for prelims but also helpful for mains examination. Indian Government and Politics section of the Political Science & International Relations (PSIR) require you to be aware of all constitutional provisions. Most importantly, you have to be aware of the current happenings of Indian politics and constantly try to see the bigger picture and what happened in the history of Indian politics with respect to that particular issue. For instance: If President’s rule is declared in some states, you should know under what article of the Constitution of India , it is declared and what is the Supreme Court judgement on President’s rule and what is something about this particular president’s rule.

Indian Government and Politics: B L Fadia: This book by B L Fadia is a kind of guide book for the section on Indian Government and Politics. It almost covers the whole syllabus. It is a quite methodical and full of text, so it can help you to summarize or to have many view points on a particular issue. However, the book is quite boring.

Indian Government and Politics: A S Narang: This book is very similar to B L Fadia’s book. However, two things are different: one is that the book is quite old, so it is not updated as per current happenings and the second thing is that the writing style is totally different as compared to the B L Fadia’s book. Just have this book to get an idea of how the author has written on a particular issue. It’s not compulsory to buy.

Series of Books by Subhash Kashyap: Subhash Kashyap is a well known political scientist, India Constitution expert and a distinguished scholar and a writer. He has written extensively on parliament, the constitution of India and Indian political system. His books on Indian Constitution and Parliament gives you a lucid perspective on legal and political issues which helps in writing answers for mains examination. I would highly recommend reading these books if anyone has taken PSIR as an optional for the Civil Services Examination.

The Constitution of India: P M Bakshi: This book has all the acts of the Constitution along with the important cases. Keep this book with you whenever you want to refer some important case related to any specific article of the Constitution of India.

The Oxford Companion to Politics in India: Niraja Gopal Jayal & Pratap Bhanu Mehta This book is very important and highly recommended. It can help you to analyze the important issues of Indian politics. This book is divided into eight parts comprehensively covering all important issues starting from the institutions, the society, political processes, ideological contestations, social movements, political economy and different ways of looking at Indian Politics. I would recommend this book reading as many times as you can and if possible also make notes from this book that will be useful for revision just before the mains examination.

Miscellaneous: (Highly Recommended) : The Indian Government and Politics section of the PSIR optional is quite dynamic and also need a lot of analysis and interlinking of many concepts for better understanding. So, I will also recommend reading unconventional books on Indian politics, history and memoirs or autobiography of politicians to understand the political dynamics and the nuances of Indian politics.

  • NCERT Books on Indian Politics, Democracy and Constitution of India
  • IGNOU Notes on Indian Government and Politics
  • Read 2-3 newspapers daily. The Hindu, The Indian Express, Times of India
  • Watch Rajya Sabha Debates. Big Picture and also the Samvidhhan series
  • Watch out important Supreme Court judgements
  • Check out the PRS website for all new bills, Standing committee reports and their summaries

Please find my other blogs on Political Science and International Relations here: