In his iconic story Naya Qanoon, legendary Urdu playwright Saadat Hasan Manto captures the fleeting hope of an ordinary citizen amidst the enactment of a new constitution. Ustad Mangu, the protagonist, exclaims with pride: “Woh din gujar gaye jab Khalil Khan fakhta udaya karte the… Ab naya qanoon hai mian… Naya Qanoon! (Those days are gone when Khalil Khan used to fly doves… Now there is a new law, mian… A new law!).”
In this story, Mangu refers to Khan, a symbol of unrestrained power in the old order, and places his faith in the new constitution, much like the collective optimism of every citizen of the newly-formed republic. The story reflects their hope for a system that curtails the dominance of the mighty and ensures equality for all.
The enactment of the constitution was a powerful and tectonic shift in the way how citizens shall be placed in the discourse of the affairs of the state. It was radically a revolutionary phenomenon that dismantled the hierarchical order to make space for those who were historically suppressed. Thus, the constitution was a great equaliser not only between the citizens and the state but also between one citizen and another.
Therefore, American historian Granville Austin, in his classic book The Indian Constitution: Cornerstone of a Nation, rightly termed the constitution “a social revolution.” This social revolutionary document, which was written 75 years ago, jotted down the sentiment of hope for the poor, downtrodden and the marginalised. “Publics across India, we discovered based on new archival materials, saw the Constitution-making as pregnant with possibilities for changing their lives for the better,” argued scholars Rohit De and Ornit Shani.
Thus, the enactment of the constitution was never aloof from this idea that it would place citizen’s life and their betterment at the core of its function. The Constitution functions beyond its legalistic and institutional meaning. As we are celebrating the 75th anniversary of the enactment of the constitution, the question that looms before us is: Where do citizens stand in the constitutional discourse?
How citizens view the constitution
Under the scorching sun of June this year in Bihar, Pamila Devi carried a copy of the constitution while doing her job in the construction of a railway bridge in Nalanda. Upon enquiring why she carries the constitution, she replies, “Jitna jaruri fawda hai, utna jaruri samvidhan hai” (The constitution is as important as the shovel). It is because of this “kitab” (referring to the constitution booklet) that illiterate like me can work with dignity.”
There are numerous people like Devi who view the constitution as an emancipatory document, one that can eliminate their everyday problems like getting a job, ration or an Aadhaar card. Different communities from the margin are using the constitution to procure documents and are fulfilling their aspirations by invoking the constitution. Therefore, the view of the citizens towards the constitution is not entangled with the structure of governance; rather, they view the constitution as a promissory tool to access civic amenities and uphold civic virtues.
Justice Vivian Bose, in Bidi Supply Co vs The Union Of India And Others, famously remarked, “The Constitution is not for the exclusive benefit of governments and States… It also exists for the common man, for the poor and the humble… for the ‘butcher, the baker and the candlestick maker’.” Thus, the constitution is not merely a document or a paper; it is a shield that protects the citizens, provides them a tool against the mighty and leverages hope amidst the despair. But is it enough to put citizens at the centre of the constitution?
Also read: The Constitution’s Strength Lies Not Just in Its Text but Also in the People Implementing It
Citizenship is a continuous expression of constitutional values
In the last 75 years, the constitution has emerged as a site of the repository of citizen’s hope, a reflection of the founding values and sometimes, a tool of protest against the state’s excesses. The people’s engagement with it since its enactment has shaped a new language of the constitution that goes beyond the knowledge of the constitution itself. This language is active rather than passive, participatory rather than mere beneficiary.
Thus, citizenship is not a static and legalistic notion that remains attached to the statute book and the text. It is an everyday exercise where citizens continuously express it through numerous acts. As we celebrate the 75th year of the enactment of the constitution, we must strive to ways where only citizens can become the centre of the functioning of the constitution. Kofi Annan, former secretary general of the United Nations, speaking at the opening of the World Conference of Ministers Responsible for Youth in Lisbon, said in 1998, “No one is born a good citizen; no nation is born a democracy. Rather, both are processes that continue to evolve over a lifetime.” The story of the evolution of the constitution is the story of the citizens as they are inseparable from each other. The constitution evolves when citizens evolve. This story is incomplete without the citizen’s endeavour to own, understand and invoke the constitution.
Rajesh Ranjan is a lawyer and a researcher who writes on public law, rights and public engagement of the constitution.