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Chapter 3 The Constitution And Social Change
Constitutional Norms And Social Justice: Interpretation To Aid Social Justice
The Constitution of India serves as the foundational legal document of the nation, embodying the basic norms of social justice. Its provisions have the potential to support people by providing a framework for fairness and equality in society. For example, the inclusion of the Directive Principle regarding Village Panchayats in the Constituent Assembly, initially a recommendation, was later made a constitutional requirement through the 73rd Amendment in 1992, demonstrating the Constitution's capacity to evolve and promote social justice.
Beyond simply outlining rules, the Constitution acts as a dynamic instrument capable of broadening the understanding and application of social justice. Social movements play a crucial role in this process by advocating for rights and challenging injustices. Their activism can influence courts and authorities to interpret constitutional rights and principles in ways that align with contemporary needs and the evolving understanding of social justice.
It is important to distinguish between law and justice. Law is defined by its enforcing power, backed by the authority of the state, compelling obedience. Justice, in contrast, is fundamentally about fairness. The legal system functions through a hierarchy of authorities, with the Constitution as the supreme basis for all laws and authorities. The Constitution prescribes the procedures for making and implementing laws, and the judiciary (also established by the Constitution) interprets these laws, particularly in cases of dispute. The Supreme Court is the highest court and the ultimate authority for interpreting the Constitution.
The Supreme Court has significantly enhanced the scope and substance of the Fundamental Rights guaranteed by the Constitution through its interpretations. Key examples of this expansion to promote social justice include:
- The interpretation of Article 21 (Right to Life and Personal Liberty) has been expanded far beyond mere physical existence. The Court has held that the 'right to life' includes everything essential for a life of dignity and quality, such as livelihood, health, shelter, education, and the right to dignity. These broad interpretations have been used to provide various forms of relief, such as protecting prisoners from torture, ensuring the release and rehabilitation of bonded laborers, addressing environmentally harmful activities, and guaranteeing access to primary healthcare and education.
- In 1993, the Supreme Court ruled that the Right to Information is implicitly included within the Right to Freedom of Speech and Expression (Article 19(1)(a)), recognizing the importance of access to information for informed citizenship and expression.
- The Court has read the principle of Equal Pay for Equal Work (a Directive Principle) into the Fundamental Right to Equality (Article 14). This interpretation has been used to provide relief and ensure fairer wages for various groups of workers, including plantation and agricultural laborers.
These instances illustrate how the judiciary, guided by the Constitution and influenced by societal changes and movements, actively works to interpret legal principles in a manner that advances social justice.
3.1 The Panchayati Raj And The Challenges Of Rural Social Transformation
Ideals Of Panchayati Raj
Panchayati Raj literally translates to 'Governance by five individuals', referring to the traditional system of village governance. The modern concept of Panchayati Raj aims to establish a functioning and vibrant democracy at the village or grassroots level, ensuring local self-governance.
While the idea of grassroots democracy has roots in India's history, its implementation in a society marked by significant inequalities based on gender, caste, and class presents major challenges to democratic participation. Historically, villages often had caste panchayats, but these typically represented dominant groups and often upheld conservative views and discriminatory practices, sometimes acting against democratic norms and procedures.
During the drafting of the Constitution, there was initial debate about including Panchayats. Some members felt their omission was a disappointment. However, Dr. B.R. Ambedkar expressed concerns that simply implementing local self-governance in a deeply unequal rural society, dominated by local elites and upper castes, could perpetuate the exploitation of marginalized groups, as these dominant sections would likely silence the voices of the downtrodden. Despite these concerns, the concept of local government was favored by figures like Mahatma Gandhi, who envisioned self-sufficient villages ('gram-swarajya') managing their own affairs.
It was only through the 73rd Constitutional Amendment Act in 1992 that grassroots democracy and decentralized governance received constitutional status. This act made it mandatory to hold elections for local self-governing bodies (Panchayati Raj Institutions - PRIs) in rural areas every five years. Crucially, it devolved control over local resources to these elected bodies.
Structure and Key Provisions of Panchayati Raj (Based on 73rd Amendment)
The 73rd Amendment established a **three-tier structure** for Panchayati Raj Institutions in all states with a population over 20 lakhs (2 million), forming a pyramid:
- Gram Sabha: The foundational unit of democracy at the village level, consisting of the entire body of adult citizens registered as voters in a village. The Gram Sabha elects the local government (Gram Panchayat) and is ideally intended to serve as an open forum for discussion, oversee village development activities, and ensure the inclusion and participation of weaker sections in decision-making.
- Intermediate Level: Panchayat Samiti (or block level).
- District Level: Zilla Parishad (or district level).
Key mandatory provisions of the 73rd Amendment include:
- Regular elections to PRIs every five years.
- Reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population at each level.
- Mandatory reservation of **33% (one-third) of seats for women** at all levels of PRIs. This reservation is further subdivided, with seats reserved for women belonging to SCs and STs.
- Constitution of a District Planning Committee to prepare development plans for the entire district.
The reservation of seats for women, particularly, was a significant step, bringing a large number of women into elected bodies and vesting them with decision-making authority for the first time. For instance, the 1993-94 elections following the amendment saw around 800,000 women entering political processes at the local level.
Powers And Responsibilities Of Panchayats
The Constitution intends Panchayats to function as genuine institutions of self-government. State governments are mandated to empower these local bodies. The key powers and responsibilities delegated to Panchayats include:
- Preparing plans and schemes for local economic development.
- Promoting schemes aimed at achieving social justice within the area.
- Authority to levy, collect, and appropriate local taxes, duties, tolls, and fees.
- Assisting in the devolution of governmental functions and finances to the local level.
Specific social welfare and development responsibilities include maintaining community facilities (like burning/burial grounds), recording vital statistics (births, deaths), establishing health centers (child welfare, maternity), managing animal pounds, promoting family planning, supporting agricultural activities, and undertaking infrastructure projects (roads, public buildings, wells, tanks, schools). Panchayats also monitor the implementation of various government welfare and development schemes like the Integrated Rural Development Programme (IRDP) and Integrated Child Development Scheme (ICDS).
Panchayats' primary sources of income include taxes on property, professions, animals, and vehicles, along with cesses on land revenue and rentals. Funds are also received as grants from the Zilla Panchayat. To ensure transparency and accountability, Panchayat offices are often required to publicly display details of funds received and utilized, providing citizens with the right to information to scrutinize decisions and expenditure for village welfare and development.
Some states have also established Nyaya Panchayats (village courts) empowered to hear minor civil and criminal cases. They can impose fines but not imprisonment. These courts have often been effective in mediating disputes and have been particularly noted for their role in addressing issues like dowry harassment and violence against women.
Panchayati Raj In Tribal Areas
Many tribal areas in India have a long history of traditional democratic governance structures at the grassroots level. For example, the Khasi, Jaintia, and Garo tribes in Meghalaya have traditional political institutions operating at village, clan, and state levels for centuries, such as the 'Durbar Kur' among the Khasis. Despite this rich tradition, a significant portion of tribal areas fall outside the purview of the 73rd Amendment, possibly due to policymakers' intent to avoid interfering with existing traditional tribal systems.
However, traditional tribal institutions are not always democratic in structure or functioning. While some tribal societies were historically egalitarian, stratification exists. Sociologists like Tiplut Nongbri highlight that some traditional tribal political institutions may be intolerant of women's participation, and social changes have introduced distortions, making it difficult to distinguish traditional practices from recent developments (Nongbri 2003).
Van Panchayats
An example of community-led initiative, particularly notable in Uttarakhand, is the formation of Van Panchayats. In mountainous regions where men often migrate for work, leaving women primarily responsible for household needs and resource collection, deforestation poses a significant challenge. Women often have to travel long distances to collect firewood and fodder.
To address this, women in some villages have formed Van Panchayats. These bodies are involved in managing local forest resources. Their activities include developing tree nurseries, planting saplings on hill slopes, and patrolling nearby forests to prevent illegal tree felling. This initiative reflects local efforts to conserve forest resources and manage essential natural resources communally. The renowned Chipko movement, where women protected trees by embracing them, also originated in this region.
Democratisation And Inequality
Implementing effective democracy, particularly at the grassroots level through Panchayati Raj, is challenging in a society with a long history of entrenched inequalities based on caste, community, and gender. The existing unequal and often undemocratic social structure of rural India can hinder genuine participation.
In many villages, the Gram Sabha and Panchayat functions may be controlled by a small group of dominant individuals, typically wealthy landlords from upper castes or powerful landowning communities. These local elites can dominate decision-making regarding development activities and fund allocation, marginalizing the participation of poorer and lower-caste villagers, reducing them to passive observers rather than active participants in their own governance.
Innovative Training Methods for Panchayati Raj:
Recognizing the need to educate villagers, especially unlettered women, about their rights and the functioning of Panchayati Raj, innovative methods are used. One example is the use of a traditional folk art form called 'phad' (a painted scroll used for storytelling). Stories depicted on the scroll, accompanied by music, narrate contrasting scenarios of corrupt and effective local governance (e.g., the story of Sukhipur and Dhukipur villages). This method helps convey messages about good governance, community participation, the importance of voting wisely, accountability, and the value of integrity in leadership in an accessible and engaging manner, thereby empowering citizens at the grassroots level.
3.2 Political Parties, Pressure And Interest Groups In Democratic Politics
In a democracy, various organized groups play a crucial role in articulating interests, influencing policy, and holding the government accountable. Newspapers frequently report on different groups attempting to voice their concerns and draw government attention to their grievances.
Examples of such groups include:
- Industrialists' Associations: Like the Federation of Indian Chambers of Commerce (FICCI) and the Association of Chambers of Commerce (ASSOCHAM), representing business interests.
- Trade Unions: Organizations representing workers, such as the Indian National Trade Union Congress (INTUC) or the Centre for Indian Trade Unions (CITU).
- Farmers' Organizations: Agricultural unions like Shetkari Sangathan.
- Agricultural Labourers' Unions: Representing the interests of farm workers.
Political parties are key actors in democratic politics. They are organizations aiming to gain legitimate control of government through the electoral process and implement specific programs based on their understanding of society. In a democratic system, political parties often represent the interests of different social groups. When groups feel their interests are not adequately represented by existing parties, they may seek to influence parties, form new parties, or create other forms of political organization.
Interest Groups are organizations specifically formed to pursue particular interests within the political sphere, primarily by lobbying members of legislative bodies or influencing government policy. When groups struggle to achieve influence through standard channels, they might function as **pressure groups**, aiming to exert pressure on the government or political parties to address their demands. Max Weber described political parties as organizations focused on acquiring power, either for specific causes ('program for ideal or material purposes') or for personal gain ('sinecures, power, and honour for the leader and followers').
While pressure groups are important, it's argued that this concept might underestimate the significant inherent power wielded by dominant social groups (based on class, caste, or gender) that may exert influence without necessarily forming explicit 'pressure groups', essentially controlling aspects of the state apparatus. Nevertheless, social movements and pressure groups continue to play a vital role in a democratic system by advocating for diverse interests and challenging the status quo.