Know your rights, study Constitution

The Constitution of India, prepared and adopted by the Constituent Assembly, was promulgated on November 26, 1949. Its framers drew lessons from the Indian Independence Movement and years of repression, crafting a dynamic document to define the rights and identity of Indian citizens. From then on, the country has faced periods of political turbulence and instances of rights violations. Yet, in many such cases, people rarely turn to the Constitution and its principles for redress. This gap arises because only a small fraction of the population possesses a thorough understanding of the Constitution or the ability to invoke it effectively. Despite its significance in contemporary political discourse, meaningful public engagement with the Constitution—its text and principles—remains limited. 

A 2015 study by the Magna Carta Trust found that constitutional literacy in India is below 40%. This means that about 80 crore Indians are unaware of their constitutional rights and responsibilities, leaving them ill-equipped to use constitutional principles to address challenges. This also signifies that in most cases of rights violations or infringement, citizens seek alternative remedies, unaware that the Constitution offers a robust avenue for justice. Understanding the Constitution and its principles enables citizens to engage in more effective social action, offering an infallible recourse when other measures fail. 

Take, for instance, the recent trend of State authorities bulldozing homes of certain citizens. The Constitution guarantees the fundamental right to life under Article 21, which includes the right to shelter. It also postulates the rule of law as the cardinal principle of governance, holding the State accountable and prohibiting illegal and arbitrary actions by the State. Furthermore, it allows citizens to approach courts to enforce these fundamental rights and seek remedies for such violations. Actions such as demolishing homes without due process can be categorised as unconstitutional, but only those aware of their rights and the constitutional framework would be able to take action as per the rights iterated therein. However, in most cases, individuals lack this awareness to take adequate action against their perpetrator. 

But why is there a literacy gap? Interpreting the Constitution is difficult for those who do not understand the legalese and its real-time application. We are not stating that it is easy to read and understand the Constitution and that everyone should commit to it. It is understood that the text and principles are codified in a manner that is not reader-friendly or accessible to the larger public who do not engage with it in their daily lives, schools, or professional courses. But constitutional literacy is imperative. It is aimed at bridging the gap between the book that codifies our rights and our understanding and application of these rights. 

Promoting constitutional literacy in India requires accessible, reader-friendly versions of the Indian Constitution tailored for a broader, unaware audience. However, this isn’t enough. What is also needed is a collaboration between the State and civil society, who can help disseminate constitutional principles to others. 

Several initiatives have already been made to promote constitutional literacy by state governments and civil society organisations. For example, the Constitutional Literacy Campaign conducted in Kollam, Kerala, is an initiative by the local body (the Kollam District Planning Committee) in collaboration with CSOs to prepare and disseminate handbooks on the Constitution. Other awareness campaigns conducted in cities and villages by organisations are also an effort taken to improve literacy.

As we approach November 26, 2024—the 75th anniversary of India adopting its Constitution—we must strive for universal constitutional literacy. The urgency of this task cannot be overstated. In his concluding remarks in the Constituent Assembly on November 25, 1949, Dr. Ambedkar noted that constitutional literacy is essential for upholding democracy in spirit and action. Constitutional democracy survives only so long as citizens understand and engage with the Constitution. Without it, even the most well-drafted Constitution risks becoming a mere piece of paper. By empowering people with the knowledge of their rights and duties, we can strengthen our democracy and ensure that the buck truly stops at the Constitution.

(Navami is a research associate and Jwalika is a research fellow, Vidhi Centre for Legal Policy, Bengaluru)