A PEOPLE’S CONSTITUTION: SOCIAL JUSTICE ROOTED IN CIVILIZATION’S LEGACY

To no one sell, to no one we shall deny or defer right or justice

~Magna Carta

Anmol Kumar Jha,

University of Legal Studies, Chandigarh University

ABSTRACT

During recent years it has become fashionable among some citizens to disparage the founders and their document. These individuals are disappointed and explain that the ‘bag of borrowed documents can never work. Even often many times in the past the existence of justice, and equality have raised questions on the morality and humanity of Indian civilization but in my opinion, such thinking and questions are misguided. More than seventy years have now passed since the adoption of the Indian constitution but still, many citizens are unaware of the fact that the foundation of India’s constitution and democracy is rooted in its civilization. This article sheds light on the rich Indian civilization that lays the foundation of modern India’s secularism, democracy, and social justice. It provides the facts and evidence through the lens of history by incorporating texts from many religious and societal facts. This article explores ancient, medieval India's link to modern India and also acknowledges the opportunities and challenges faced by the Indian Civilization. In short, this article paints a compelling picture of India's constitution as a vibrant tapestry woven from the threads of its ancient civilization.

(I) INTRODUCTION

when we think of modern India which just happened to cross the 4 trillion economies and their living constitution born from the ashes of a fragmented and unequal society, enshrines the ideal of social justice at its cornerstone. It is a vision of the Indian constitution where every individual, regardless of background, has the opportunity to thrive. The constitution of India’s foundation is based on several key principles and ideals that have shaped the nation’s democracy and governance since it came into force.

After attaining freedom from British India, newly formed India needed a set of laws (constitution) for the country to prosper while being in touch with the traditional values and that's how the preamble of the Indian constitution came into force with the foundation of being a "Democratic Republic, socialists, secular, sovereign, justice, liberty, equality, and fraternity’’.

You might think that these are the modern key terms of democratic countries that India adopted but that's not all that you need to know because there's more to the story, as we       all know Indian civilization has always been rich in many terms like Culture, Trade, Music, Spices and also being the only state with social and democratic values of a country to ever exist i n the ancient period. The root of democracy and social justice can be traced way back when various forms of self-government and philosophies thrived between the 6th and 4th century BCE.

(II) Concept of Social Justice in India

The understanding of social justice in Indian mentality has always been through politics because they can only grasp the tricky concept in crispy political language. The politics of social justice has always been a controversial and a big challenge in India since its independence. We can even trace some political controversies on social justice by some of the great Indian statesmen, The father of the Indian constitution said “Man is not for religion instead religion is for man. To become human, convert yourselves.” To which the father of India said “Religion is not like a house or cloak which can be changed at will”. From the statement, you might all remember one of the famous Indian rivalries related to social justice. These thoughts of two great Indian statesmen were necessary to quote because we all make our necessary judgments through post-independence situations and mostly forget the philosophies that we lost of our great Indian civilization and get misguided. Let’s dive into the ancient Indian civilization and collect the facts that prove the existence of social justice.

(III) Religious Materials

We can also trace the roots of ancient Indian social justice through the most popular Indian mythological texts like Ramayana and Mahabharata which are also rich in democratic values, despite these epics being set in ancient times and portray a monarchial form of government they still contain various examples of democratic principles in action.

In Ramayana, lord Ram who is the king of Ayodhya can be seen taking advice from his council ministers or other important men for the making of wise decisions with the mind of public welfare and we can also see Respect for individual rights and free speech in the context of Sita being allowed to defend herself against the false accusation made on her and his many actions also does somewhat resonates to the concept of social justice, his non-judgmental and fair actions can be one example out of several others. Mahabharata also set a prime of having the right of free speech, as Draupadi was able to speak against the injustice done to her and demanded her right to be respected. The conversation between Narad Muni and Yudhistir on justice where Narad Muni explains that “Justice is one of the ingredients essential for well-run society” gives us significant knowledge of rich Indian history. Even philosophers like buddha and Mahavira preached the importance of justice, equality and non-violence over the century. As these are complex texts and also, they don’t explicitly promote modern notion of equality but these ideas can be interpreted as laying foundation for just society.

(IV) Historical Material

The empire which is considered to have the greatest ruler, the one and only Mauryan empire also had democratic values, e.g.-: After the victory in the Kalinga war the emperor Ashoka established governance that promotes peace and well-being through systematic ministerial elections every five years. His ideals endure in India’s national emblem, symbolizing democracy. People’s collective governance was a key feature in ancient India of the 7th to 8th century BCE, manifested in mahajanpada governance models: 15 kinships with a council and 10 republics where the head was elected. Texts like Ashtadhyayi also highlight ‘’Loktantrik institution’’ – Gana, Puga, Nigama, Janpada. Even the world’s oldest composition Rigveda and Atharvaveda mentions representatives’ bodies like Sabha, samiti, Sansad, etc. terms which are still in use to date in modern India.

(V) Foreign Material

Many foreign travelers and philosophers described Indian democracies in this manner-:

Ibn Battuta – He was a Moroccan traveler who visited India and was impressed by the Indian justice system. He wrote that “People are governed and happy’’.

Fa Xian - observed Indian respect for people, law, and public welfare

Everyone had their thoughts about the ancient Indian justice which proves the roots of the Indian constitution foundation and democracy is way deep in the past. Not only these but ancient India holds several democracy’s core values such as harmony, freedom, acceptability, equality, and inclusivity. We can say that the fundamental principles of Indian democracy are participation, equality, rule of law, and accountability throughout history. We now believe that Indian democracy's core strength is its people, tradition, scripture, culture, and religion which aims to promote global democratic values.

Even the American historian Granville Austin observed that the Indian constitution is first and foremost a social document, The Majority of its provisions are directly aimed at furthering the goals of social justice.

CONCLUSION

Ultimately, it concluded that India’s social justice system which provides equal opportunities to every sex, gender, caste, etc., is rooted in its history and societal values, and emphasizes enduring democratic principles guided by dharma. The historical tradition of participatory democracies underscores public involvement and their consent and the “consequences of their action, (Karma) somewhat represent the concept of social justice. Even their choice of leaders depicts their free will to choose, which also somehow shows leaders' likeability. Despite having such a rich history of democracy in ancient India, it faced a lot of challenges in medieval India which made it hard for the justice system to survive and work properly. Challenges like social hierarchy, religionism, casteism, and external invasion were the main causes of the suicide of the medieval Indian justice system. In the last, we all know that Indian democracy and       societal values remain vibrant somehow throughout history. The democratic institutions, practices, and values of all the periods combined laid the foundation for the development of the newly formed modern-day India’s constitution and democracy. At last, we can say that the Indian justice system has come a long way after crossing hurdles and facing many bumpy roads but it still is fresh in the eyes of India.