Context:

On November 26, 2024, India celebrated the 75th anniversary of its Constitution, a document that defines the nation’s democratic and egalitarian vision. The Constitution, drafted by leaders with diverse ideologies, strikes a balance between individual freedoms and state intervention to address social and economic inequalities. This balance is crucial to understanding the Constitution’s strengths, achievements, and ongoing challenges.

The Constitution’s Liberal Foundations

The Constitution-makers of India were inspired by liberalism, a philosophy that stresses individual freedom and the right to pursue one’s potential without undue interference. However, recognizing the social and economic inequalities prevalent at the time of Independence, they also saw the need for state action to address these disparities. This led to a unique approach in which the state was tasked with mitigating inequality while ensuring the protection of individual liberties. Policies such as affirmative action, including reservations, were introduced to provide disadvantaged groups with equal opportunities, promoting substantive equality rather than just formal equality.

The Vision of Equality

The Indian Constitution aims to reduce inequalities and create a fair society where every individual has equal opportunities to succeed. This vision aligns with the principles of egalitarian liberalism, as outlined by philosopher John Rawls, which include:

1.    Equal basic liberties for all citizens.

2.    Equal opportunities for everyone to succeed in life.

3.    Policies aimed at reducing inequalities while recognizing differences between people and their needs.

These ideals are reflected in the Constitution through:

• Fundamental Rights (Part III), which protect individual freedoms such as freedom of speech, right to equality, and protection from discrimination.
• Directive Principles of State Policy (Part IV), which guide the state in reducing inequalities and promoting social justice.

For example, Article 38(2) urges the state to minimize income and opportunity inequalities, while Article 39(c) focuses on preventing the concentration of wealth in a few hands.

How the Courts Have Interpreted Equality

The judiciary has played a significant role in interpreting and reinforcing the egalitarian ideals of the Constitution through landmark judgments:

• D.S. Nakara vs. Union of India (1982): The case emphasized the role of the Constitution in ensuring a decent standard of living and social security for all citizens.
• Air India Statutory Corporation vs. United Labour Union (1996): The judgment focused on the need to create a social order based on equality and justice.
• Samatha vs. State of Andhra Pradesh (1997): This case interpreted socialism within the Constitution as a tool for reducing income inequality and ensuring equal opportunities for all.

These decisions reinforced the Constitution’s commitment to reducing inequality. However, some recent judgments have overlooked these principles, especially in relation to economic policies that often do not align with the Constitution’s egalitarian goals.

Economic Reforms and Rising Inequalities

India’s economic reforms in the 1990s marked a shift towards market-driven growth, reducing the role of the state in addressing inequalities. While these reforms boosted private investment and economic growth, they also led to an increase in income inequality. Research by economists Lucas Chancel and Thomas Piketty highlights this trend. In the 1980s, state welfare policies helped reduce the income share of the top 1% to just 6%. However, by 2020, this share had risen to 22%, surpassing even pre-Independence levels. By 2022-23, the top 1% of earners accounted for 22.6% of total income and 40.1% of wealth, illustrating an extreme concentration of wealth.

The "State of Inequality in India Report" (2022) further highlights this growing disparity, showing that:

• The top 10% of earners make ₹25,000 or more monthly.
• The remaining 90% earn less than ₹25,000 per month, demonstrating how a large portion of the population struggles economically.

The Link Between Economic and Social Inequality

Economic inequality in India is closely tied to social hierarchies, particularly caste-based disparities. A report by the World Inequality Lab (2024) revealed that:

• 90% of billionaire wealth in India is held by upper castes.
• Scheduled Castes (SCs) own just 2.6% of billionaire wealth, while Scheduled Tribes (STs) have no representation in this elite group.
• The share of wealth held by Other Backward Classes (OBCs) has dropped from 20% in 2014 to 10% in 2022, while the upper caste share rose from 80% to 90% over the same period.

This overlap between caste and wealth inequality shows how social and economic disadvantages often reinforce each other. Oxfam International also highlights the extent of inequality, noting that a minimum wage worker would need 941 years to earn what a top corporate executive makes in one year.

Challenges to Constitutional Ideals

The rising inequalities in India pose a direct challenge to the Constitution’s ideals of justice and equality. Articles 38 and 39, which emphasize reducing disparities and preventing the concentration of wealth, have not been fully implemented. Instead, economic policies have prioritized market growth and privatization, often at the expense of addressing social inequalities. This growing gap threatens not only the Constitution’s goals but also the foundations of democracy. As Dr. B.R. Ambedkar warned, political democracy cannot survive if social and economic inequalities persist.

Reaffirming the Vision of the Constitution

The 75th anniversary of the Indian Constitution is a moment to reflect on its achievements and challenges. To truly honor its vision, India must:

1.    Strengthen welfare policies aimed at reducing inequalities.

2.    Promote fair distribution of resources to ensure equitable access to opportunities.

3.    Ensure that economic policies align with the Constitution’s egalitarian ideals.

While progress has been made in many areas, the rising inequality in India threatens the Constitution’s vision of creating a just society. Constitution Day serves as a reminder to critically evaluate the country’s policies and practices, ensuring they uphold the principles of liberty, equality, and justice. By doing so, India can move closer to realizing the full vision of its founding document, creating a society where every individual has the opportunity to thrive.