In recent days, debates among lawmakers and ministers about constitutional matters have often become animated, even contentious, turning into media spectacles that boost TRPs (Target Rating Points). Yet, amidst this noise, one must wonder: are the key stakeholders—the citizens of the nation—truly engaged in these debates? Do they have even a basic understanding of the Constitution, which proudly begins with the phrase, “We the People...”?

Did ordinary citizens actively participate in drafting their Constitution? Did they genuinely approve it? These are questions that might cross your mind, only to be overshadowed by the spectacle of constitutional debates unfolding in legislative chambers.

Here, I aim to shed light on these concerns by revisiting a conversation with my aunts and mother, whose reflections on constitutional debates offered valuable insights. Through this semi-casual exchange, I began to explore the origins, purpose, drafting processes, and principles behind constitutions—concepts that every citizen should understand. Below is a summary of our discussions, designed to address key queries about the Constitution.

What Is a Constitution?

A constitution is the supreme legal framework that defines a nation’s governance structure, powers, limitations and responsibilities. It establishes the rights and duties of citizens while aiming to safeguard the nation’s core values and vision. In essence, it is a social contract between the nation and its people.

On What Basis Is a Nation’s Constitution Drafted?

Constitutions are shaped by several factors:

1. Historical Context: The nation’s journey through colonialism, independence, revolutions, or political transitions.
2. Philosophy and Ideals: Foundational principles like liberty, equality, justice, secularism, or socialism.
3. Cultural and Religious Influence: The traditions, norms, and spiritual values of a society.
4. Geography and Demographics: Natural resources, population diversity, and regional needs.
5. Economic and Technological Factors: Levels of industrialisation, wealth distribution and technological progress.
6. External Influences: Colonisation, globalisation and ideological exchanges.

What Is the Purpose of a Constitution?

The Constitution serves several purposes:

1. Establish Governance: It defines the political structure and the distribution of power.
2. Ensure Stability: Provides a legal framework for resolving disputes and maintaining order.
3. Protect Rights: Guarantees fundamental rights while balancing citizens' duties.
4. Express National Identity: Reflects the nation’s heritage, aspirations, and collective wisdom.
5. Enable Adaptation: Offers mechanisms for amendments to address societal changes.

Who Is It For?

A constitution is drafted for:

• Citizens, to protect their rights and outline their responsibilities.
• Governments, to define their powers and constraints.
• Future Generations, to provide stability and continuity.

How Is It Drafted?

The process typically includes:

1. Constituent Assembly: Representatives are chosen to reflect diverse societal groups.
2. Study and Research: Analysing other constitutions and seeking expert input.
3. Drafting Principles: Articulating foundational values and writing articles.
4. Public Consultation: Gathering opinions through referendums or submissions.
5. Final Approval: Ratification by the assembly, legislature, or a referendum.

Who Drafts It?

The drafting process involves:

• Representatives: A constituent assembly representing all sections of society.
• Experts: Legal, economic, historical and cultural scholars.
• Citizens: Input from the public ensures alignment with their aspirations.
• Stakeholders: Minorities, indigenous communities and other groups with unique needs.

Why Must Constitutions Be Dynamic?

Unlike religious texts, which are often immutable, constitutions must evolve to address:

• Internal Changes: Economic, technological, cultural, and social shifts.
• External Factors: Globalisation, technological progress, and geopolitical influences.

For example:

• India: Over 100 amendments since 1950 reflect societal changes.
• USA: Though rigid, its interpretation evolves through judicial reviews.

Key Considerations for Drafting a Nation’s Constitution

1. Historical Context: Capturing lessons from past struggles and governance models.
2. Cultural Foundations: Ensuring alignment with the nation’s traditions and values.
3. Geography and Demographics: Addressing the needs of diverse populations.
4. Economic Realities: Balancing wealth distribution and technological advancement.
5. Social Structures: Dismantling injustices while preserving harmony.
6. Collective Vision: Reflecting the aspirations of the people.

A Final Reflection

A constitution is not merely a legal document—it is a nation's moral compass. For it to be effective and enduring, it must be crafted with a deep understanding of the nation’s unique characteristics, history and aspirations. Failure to account for these can lead to systemic flaws, frequent amendments, or disconnection from societal realities.

By embracing indigenous values and collective wisdom, nations can create constitutions that are both robust and adaptable, serving as a foundation for sustainable progress and harmony.

Note: This article is inspired by the book titled “A New Democratic Republic Constitution for India.