Constitutional Integrity: Safeguarding Justice and Liberty in an Unequal World

As we commemorate Constitution Day, it is an opportunity to pause and reflect on the ideals enshrined in its Preamble: Justice, Equality, Liberty, and Fraternity.

These values are the foundation upon which the republic was built, but decades after its inception, the reality on the ground often falls far short of these principles.

The promise of the Constitution was to create a society where every citizen is treated equally under the law, enjoys personal freedoms, and lives in harmony with their fellow citizens.

However, injustice, unequal treatment, and the power dynamics of money and politics have plagued society, undermining these very ideals.

This article explores the persistent issues of injustice by authorities, unequal standards, the power and money game, and the politics of favors that continue to shape our political and social landscape.

Constitution : Fundamental Set of Laws and Principles

A Constitution is a fundamental set of laws and principles that establish the framework of a government and outline the rights, duties, and responsibilities of the government and its citizens. It serves as the supreme law of a country, providing the guidelines for the governance of the state, the functioning of its institutions, and the relationship between the state and its people.

Here’s a breakdown of what a Constitution typically encompasses:

1. Establishment of Government Structure: It defines the structure and organization of government, including the division of powers between different branches (executive, legislature, and judiciary) and the distribution of authority among different levels of government (national, state, local).
2. Rights and Freedoms of Citizens: A Constitution often outlines the fundamental rights and freedoms of citizens, ensuring the protection of individual liberties and social justice. These include rights such as freedom of speech, the right to a fair trial, and the right to vote.
3. Separation of Powers: A Constitution usually sets up a system of checks and balances by clearly delineating the roles and powers of different branches of government. This ensures that no single branch or institution becomes too powerful and that the rights of citizens are safeguarded.
4. Principles of Governance: It outlines the guiding principles by which the government should operate, such as democracy, rule of law, and justice. It also sets out the process for amending the Constitution as needed.
5. National Identity and Unity: A Constitution can help define the identity of the nation and lay down the moral and cultural foundations of the country. It may include provisions for promoting national unity, equality, and solidarity.

A Constitution is essentially the highest law of a country, providing the basic framework for governance, establishing the roles and powers of various government institutions, protecting the rights of individuals, and ensuring that power is not abused. It acts as a blueprint for the functioning of the state and is central to the legal system and democratic values of a nation.

The Constitution is a living document that reflects the aspirations of a society. However, the realization of its values—justice, equality, liberty, and fraternity—is often hindered by multiple factors, including corruption, inequality, political manipulation, and human rights violations. For constitutional values to truly flourish, it is imperative to address these root causes and work toward a society where every citizen, regardless of their background or status, enjoys the full benefits of the constitutional promises.

1. Injustice by Authorities: The Failure to Uphold the Rule of Law

A Perpetual Cycle of Impunity

At the heart of a democratic framework lies the principle of justice, as promised by the Constitution. The Preamble envisions a society where justice is not only legal but also social and economic. However, in practice, many citizens—particularly the marginalized—often find themselves on the wrong side of state power.

Injustice by authorities manifests in multiple ways:

• Abuse of Power by Law Enforcement: Instances of police brutality, custodial deaths, and extrajudicial killings are not uncommon. The encounter killings, often attributed to police forces acting beyond their jurisdiction, reflect a deep disregard for due process and the rule of law.
• Corruption: Law enforcement agencies and public officials often engage in corrupt practices, making justice inaccessible to the common man. Those with wealth and influence can manipulate the system, avoiding punishment, while the poor suffer the consequences of corruption and injustice.
• Delay in Justice: The judicial backlog, with millions of pending cases in courts, also contributes to injustice. The slow pace of legal proceedings disproportionately affects the underprivileged, who cannot afford prolonged legal battles. The right to speedy justice, enshrined in the Constitution, is often a distant dream for many.

2. Unequal Standards and Different Measures for Different People

A Two-Tiered System of Justice

The Constitution guarantees equality before the law under Article 14, asserting that no person shall be denied equality before the law or the equal protection of the laws. But in reality, the application of justice often depends on an individual’s social status, economic background, and political influence.

Unequal standards manifest in various forms:

• Political Patronage:The powerful often benefit from political patronage. Politicians, bureaucrats, and business magnates, due to their connections, are often able to skirt legal accountability. In contrast, a common citizen is left to face the full brunt of the law. Laws are applied differently depending on one's position in the power hierarchy.
• Class Divide: For the wealthy, powerful, and influential, there is often a different set of rules. Their legal battles are resolved swiftly, and their mistakes are often pardoned or overlooked. However, ordinary citizens—especially from marginalized communities—face harsher scrutiny and punitive measures.
• Caste and Religion: Inequalities based on caste and religion continue to persist in society. Discrimination in areas such as employment, education, and the justice system is still widespread. Individuals from marginalized communities often face biased policing, harassment, and a weakening of justice when seeking accountability for crimes committed against them.

3. The Power and Money Game: Politics of Influence and Corruption

Corruption: A Deep-Rooted Problem

At the intersection of injustice, inequality, and politics lies the undeniable influence of money and power. Corruption remains a pervasive problem , affecting every facet of governance, from policing to education to elections.

Where Power and Money Interfere:

• Political Funding: Political parties, in electoral system, are often funded by wealthy individuals and corporate entities with vested interests. These funders wield significant influence over political decisions, ensuring that their business interests are protected, while ordinary citizens see little benefit from government schemes.
• Corporate Influence: The corporate sector and political class are often intertwined, leading to crony capitalism. This results in unethical business practices, where government policies are shaped by business moguls, at the cost of public welfare. The unholy nexus between politicians and businessmen often leads to policies that benefit a select few while exploiting the masses.
• Judicial Corruption: The judiciary, which is meant to uphold justice, is not immune to the influence of money and power. There have been cases where individuals with financial resources manipulate judicial outcomes through bribes or influence.

4. Politics of Favors: Rewarding Loyalty and Punishing Dissent

The Patronage System: A Political Strategy

The politics of favors is a deeply entrenched strategy in politics, where loyalty is often rewarded with patronage, and dissent is penalized with exclusion or punishment. This practice distorts the democratic ideals enshrined in the Constitution and fosters an environment where merit, equality, and public welfare are sidelined in favor of political expediency.

Where Politics of Favors Prevails:

• Government Appointments and Contracts: Many key government positions, appointments, and public procurement contracts are awarded based on political loyalty rather than merit or fairness. This has created a system where cronyism flourishes, and public interests are compromised.
• Electoral Manipulations: The practice of vote-bank politics often involves doling out favors to specific groups in exchange for votes. Such measures might include financial incentives, political promises, or targeted welfare schemes. While these actions may win votes, they often undermine long-term policy planning and broader societal interests.
• Exclusion of Dissenters: Individuals or groups that challenge the dominant political narrative or the status quo often face political marginalization. The use of power to punish dissenting voices—through criminal charges, media trials, or other coercive tactics—is an alarming trend in politics.

Conclusion: Reclaiming the Promise of Justice, Equality, Liberty, and Fraternity

As we mark Constitution Day, it is imperative to reflect critically on the gap between the values enshrined in the Constitution and the current state of affairs in our society. As we mark Constitution Day, it is essential to reflect on the persistent gap between the noble values enshrined in constitutions around the world and the reality of social and political systems today.

Whether in India, the United States, or any other nation, the ideals of justice, equality, liberty, and fraternity often remain distant for many, due to systemic injustices, unequal standards, and the pervasive political games that shape contemporary society.

While the Constitution serves as a blueprint for an equitable society, the gap between idealism and pragmatism continues to widen. These principles—meant to ensure fairness, inclusivity, and the protection of fundamental rights—are regularly undermined by the forces of corruption, discrimination, and political manipulation.

The power dynamics of money, privilege, and political influence skew these ideals, leaving large segments of society without equal access to opportunities, resources, or justice.

It is not enough to simply celebrate these documents and the values they embody; it is crucial to actively confront the systems that perpetuate inequality and injustice. Addressing root causes like corruption, discrimination, and the concentration of power is vital in making these ideals a lived reality. True justice and equality can only be achieved when governments, institutions, and citizens unite to combat entrenched systems of exploitation and inequality.

Only by challenging and reforming these power structures can we hope to create societies where liberty is genuinely safeguarded, justice is equitably administered, and fraternity becomes the foundation of national unity. We must commit to a global movement where every citizen—regardless of their background, ethnicity, or socio-economic status—is treated with the dignity, fairness, and respect promised in the founding documents of democratic nations.

In honoring the spirit of these constitutions, we ensure that these core values are not mere words on paper but are actively practiced in everyday life, making democracy a true force for the betterment of all.The ideals of justice, equality, liberty, and fraternity remain a distant reality for many, given the systemic injustice, unequal standards, and political games that dominate the current socio-political landscape.

It is not enough to simply celebrate the Constitution; we must actively confront the forces that undermine its values. Addressing the deep-rooted issues of corruption, discrimination, and political manipulation is essential if we are to fulfill the promise made in the Constitution—one of a nation where justice and equality prevail, liberty is protected, and fraternity forms the foundation of national unity. Only then can we truly honor the spirit of the Preamble and ensure that every citizen, regardless of their background or status, is treated with dignity, fairness, and respect.

As we commemorate Constitution Day, it is essential to reflect on the core values embedded within the Constitution of any country—justice, equality, liberty, and fraternity—and consider how they align with the challenges we face today. While these values are timeless and universal, their full realization often remains elusive due to evolving social, political, and economic dynamics. Therefore, it is crucial to examine how we can renew our commitment to these values and ensure they guide the future of society.

1. Strengthening Justice: Ensuring Fairness and Accountability

Justice is the cornerstone of any functioning democracy, but today, there are several barriers that hinder its full realization:

• Judicial Reforms: Many legal systems are plagued by delays, backlogs, and accessibility issues that deny people timely justice. Legal reforms are needed to speed up judicial processes and ensure that justice is accessible to all citizens, particularly marginalized groups.
• Accountability Mechanisms: Corruption and political interference often distort the justice system, allowing those in power to evade responsibility. Strengthening accountability mechanisms across public institutions, particularly law enforcement and the judiciary, is necessary to restore trust and fairness.

2. Promoting Equality: Addressing Social, Economic, and Political Disparities

While the Constitution guarantees equality, systemic inequalities persist across the world:

• Social Equality: Discrimination based on race, gender, religion, and class still exists in various forms, including unequal access to education, healthcare, and employment. There is a need to implement policies that actively fight discrimination and promote inclusivity.
• Economic Equality: Growing income disparities, poverty, and unemployment undermine the principle of equality. Economic policies must prioritize equitable wealth distribution, access to basic services, and the creation of sustainable livelihood opportunities for everyone.
• Political Equality: Voter suppression, electoral manipulation, and partisan politics often result in unequal political participation. It is crucial to safeguard the right to vote and ensure that every citizen has equal access to the democratic process.

3. Safeguarding Liberty: Protecting Fundamental Rights and Freedoms

The Constitution envisions a society where personal freedoms are protected, but modern challenges threaten this ideal:

• Freedom of Expression: Increasingly, media censorship, internet restrictions, and the suppression of dissent limit the right to free expression. Safeguarding freedom of speech and ensuring a vibrant, independent media are essential for a healthy democracy.
• Privacy Rights: In an era dominated by technology, issues of digital privacy and surveillance have emerged as significant concerns. The right to personal privacy must be protected through strong data protection laws and regulations governing technology.
• Protection from Arbitrary Detention: Laws designed to protect national security, such as counter-terrorism or sedition laws, must not be misused to infringe on the personal liberty of individuals. Legal reforms are needed to ensure that fundamental rights are never compromised in the name of security.

4. Fraternity: Fostering Unity, Solidarity, and National Integrity

The value of fraternity calls for national unity and solidarity, but today, division and polarization are significant threats:

• Social Cohesion: Cultural, ethnic, and religious divisions continue to plague societies, leading to conflict and mistrust. Promoting intercultural dialogue, mutual respect, and tolerance is essential for fostering social cohesion.
• Inclusive Growth: True fraternity is not just about tolerance but also about ensuring that economic growth benefits everyone, particularly the marginalized and vulnerable communities. Policies should focus on inclusive development, ensuring that no one is left behind.

5. Addressing the Power of Money and Politics

The influence of money and power often distorts democratic principles, making it harder to achieve justice and equality:

• Money in Politics: Campaign finance, bribery, and the manipulation of electoral processes undermine fairness and equality. Electoral reforms, such as transparency in funding, limits on donations, and public financing of elections, are needed to ensure that the political system remains free from undue influence.
• Politicization of Institutions: Key democratic institutions, including the judiciary, police, and election commissions, must remain independent of political influence. Strengthening their autonomy ensures that they function impartially and uphold constitutional values.

6. Environmental Justice: Protecting the Planet and Future Generations

As the world grapples with the realities of climate change and environmental degradation, the Constitution’s values of justice and equality must extend to the protection of the environment:

• Sustainable Development: Governments must ensure that environmental protection and economic development go hand in hand. Policies must prioritize sustainable resource use, climate adaptation strategies, and reducing environmental harm to safeguard the rights of future generations.
• Environmental Justice: The most vulnerable communities often bear the brunt of environmental degradation. It is essential to implement policies that protect these communities, ensuring they are not disproportionately affected by climate change or environmental destruction.