India The Constitutional Framework
Sources: The Library of Congress Country Studies; CIA World Factbook
INDIAN POLITICS ENTERED a new era at the beginning of the 1990s. The period of political domination by the Congress (I) branch of the Indian National Congress (see Glossary) came to an end with the party's defeat in the 1989 general elections, and India began a period of intense multiparty political competition. Even though the Congress (I) regained power as a minority government in 1991, its grasp on power was precarious. The Nehruvian socialist ideology that the party had used to fashion India's political agenda had lost much of its popular appeal. The Congress (I) political leadership had lost the mantle of moral integrity inherited from the Indian National Congress's role in the independence movement, and it was widely viewed as corrupt. Support among key social bases of the Congress (I) political coalition was seriously eroding. The main alternative to the Congress (I), the Bharatiya Janata Party (BJP--Indian People's Party), embarked on a campaign to reorganize the Indian electorate in an effort to create a Hindu nationalist majority coalition. Simultaneously, such parties as the Janata Dal (People's Party), the Samajwadi Party (Socialist Party), and the Bahujan Samaj Party (BSP--Party of Society's Majority) attempted to ascend to power on the crest of an alliance of interests uniting Dalits (see Glossary), Backward Classes (see Glossary), Scheduled Tribes (see Glossary), and religious minorities.
The structure of India's federal--or union--system not only creates a strong central government but also has facilitated the concentration of power in the central government in general and in particular in the Office of the Prime Minister. This centralization of power has been a source of considerable controversy and political tension. It is likely to further exacerbate political conflict because of the increasing pluralism of the country's party system and the growing diversity of interest-group representation.
Once viewed as a source of solutions for the country's economic and social problems, the Indian polity is increasingly seen by political observers as the problem. When populist political appeals stir the passions of the masses, government institutions appear less capable than ever before of accommodating conflicts in a society mobilized along competing ethnic and religious lines. In addition, law and order have become increasingly tenuous because of the growing inability of the police to curb criminal activities and quell communal disturbances. Indeed, many observers bemoan the "criminalization" of Indian politics at a time when politicians routinely hire "muscle power" to improve their electoral prospects, and criminals themselves successfully run for public office. These circumstances have led some observers to conclude that India has entered into a growing crisis of governability.
Few analysts would deny the gravity of India's problems, but some contend they have occurred amidst the maturation of civil society and the emergence of new, more democratic political practices. Backward Classes, the Dalits, and tribal peoples increasingly have refused to rest content with the patronage and populism characteristic of the "Congress system." Mobilization of these groups has provided a viable base for the political opposition and unraveled the fabric of the Congress. Since the late 1970s, there has been a proliferation of nongovernmental organizations. These groups made new demands on the political system that required a substantial redistribution of political power, economic resources, and social status.
Whether or not developments in Indian politics exacerbate the continuing problems or give birth to greater democracy broadly hinges on efforts to resolve three key issues. How will India's political system, now more than ever based on egalitarian democratic values, accommodate the changes taking place in its hierarchical social system? How will the state balance the need to recognize the interests of the country's remarkably heterogeneous society with the imperatives of national unity? And, in the face of the declining legitimacy of the Indian state and the continuing development of civil society, can the Indian state regenerate its legitimacy, and if it is to do so, how should it redefine the boundaries between state and society? India has confronted these issues throughout much of its history. These issues, with their intrinsic tensions, will continue to serve as sources of change in the continuing evolution of the Indian polity.
The Constitutional Framework
The constitution of India draws extensively from Western legal traditions in its outline of the principles of liberal democracy. It is distinguished from many Western constitutions, however, in its elaboration of principles reflecting the aspirations to end the inequities of traditional social relations and enhance the social welfare of the population. According to constitutional scholar Granville Austin, probably no other nation's constitution "has provided so much impetus toward changing and rebuilding society for the common good." Since its enactment, the constitution has fostered a steady concentration of power in the central government--especially the Office of the Prime Minister. This centralization has occurred in the face of the increasing assertiveness of an array of ethnic and caste groups across Indian society. Increasingly, the government has responded to the resulting tensions by resorting to the formidable array of authoritarian powers provided by the constitution. Together with the public's perception of pervasive corruption among India's politicians, the state's centralization of authority and increasing resort to coercive power have eroded its legitimacy. However, a new assertiveness shown by the Supreme Court and the Election Commission suggests that the remaining checks and balances among the country's political institutions continue to support the resilience of Indian democracy.
Adopted after some two and one-half years of deliberation by the Constituent Assembly that also acted as India's first legislature, the constitution was put into effect on January 26, 1950. Bhimrao Ramji (B.R.) Ambedkar, a Dalit who earned a law degree from Columbia University, chaired the drafting committee of the constitution and shepherded it through Constituent Assembly debates. Supporters of independent India's founding father, Mohandas Karamchand (Mahatma) Gandhi, backed measures that would form a decentralized polity with strong local administration--known as panchayat (pl., panchayats --see Glossary)--in a system known as panchayati raj , that is rule by panchayats . However, the support of more modernist leaders, such as Jawaharlal Nehru, ultimately led to a parliamentary government and a federal system with a strong central government (see Nehru's Legacy, ch. 1). Following a British parliamentary pattern, the constitution embodies the Fundamental Rights, which are similar to the United States Bill of Rights, and a Supreme Court similar to that of the United States. It creates a "sovereign democratic republic" called India, or Bharat (after the legendary king of the Mahabharata ), which "shall be a Union of States." India is a federal system in which residual powers of legislation remain with the central government, similar to that in Canada. The constitution provides detailed lists dividing up powers between central and state governments as in Australia, and it elaborates a set of Directive Principles of State Policy as does the Irish constitution.
The 395 articles and ten appendixes, known as schedules, in the constitution make it one of the longest and most detailed in the world. Schedules can be added to the constitution by amendment. The ten schedules in force cover the designations of the states and union territories; the emoluments for high-level officials; forms of oaths; allocation of the number of seats in the Rajya Sabha (Council of States--the upper house of Parliament) per state or territory; provisions for the administration and control of Scheduled Areas (see Glossary) and Scheduled Tribes (see Glossary); provisions for the administration of tribal areas in Assam; the union (meaning central government), state, and concurrent (dual) lists of responsibilities; the official languages; land and tenure reforms; and the association of Sikkim with India.
The Indian constitution is also one of the most frequently amended constitutions in the world. The first amendment came only a year after the adoption of the constitution and instituted numerous minor changes. Many more amendments followed, and through June 1995 the constitution had been amended seventy-seven times, a rate of almost two amendments per year since 1950. Most of the constitution can be amended after a quorum of more than half of the members of each house in Parliament passes an amendment with a two-thirds majority vote. Articles pertaining to the distribution of legislative authority between the central and state governments must also be approved by 50 percent of the state legislatures.
Data as of September 1995
NOTE: The information regarding India on this page is re-published from The Library of Congress Country Studies and the CIA World Factbook. No claims are made regarding the accuracy of India The Constitutional Framework information contained here. All suggestions for corrections of any errors about India The Constitutional Framework should be addressed to the Library of Congress and the CIA.