10.3.1. Individual Freedom

The first point to note about the Constitution is its commitment to individual freedom. This commitment did not emerge miraculously out of calm deliberations around a table. Rather, it was the product of continuous intellectual and political activity of well over a century. As early as the beginning of the nineteenth century, Rammohan Roy protested against curtailment of the freedom of the press by the British colonial state. Roy argued that a state responsive to the needs of individuals must provide them the means by which their needs are communicated. Therefore, the state must permit unlimited liberty of publication.

The Indian Constitution’s commitment to individual freedom has deep historical roots that trace back over a century, anchored by strong activism for rights and freedoms. An important figure in this history is Rammohan Roy, who in the 19th century fought against British restrictions on freedom of the press. He believed that for a government to truly serve its people, it must allow them the freedom to express their needs and opinions. This early push for freedom laid the groundwork for what became a fundamental part of the Indian Constitution, emphasizing that a people's voice should not be silenced by oppressive government actions.

Consider how in modern societies, social media provides a platform for individuals to express their opinions. Just as Rammohan Roy argued for the freedom of press in the 19th century, today we see that the ability to share thoughts publicly through platforms like Twitter or Facebook reflects the ongoing value of individual freedom. If a government were to censor these platforms, it would be viewed as a violation of the rights that individuals have fought to protect.

Likewise, Indians continued to demand a free press throughout the British rule. It is not surprising therefore that freedom of expression is an integral part of the Indian Constitution. So is the freedom from arbitrary arrest. After all, the infamous Rowlatt Act, which the national movement opposed so vehemently, sought to deny this basic freedom. These and other individual freedoms such as freedom of conscience are part of the liberal ideology.

Freedom of expression and the right to not be arbitrarily arrested are two key elements of the Indian Constitution. Throughout the struggle against British colonialism, Indians fought for these rights which they felt were being denied under oppressive laws like the Rowlatt Act. This Act allowed for arrests without trial, undermining basic freedoms that individuals should enjoy. The inclusion of these rights in the Constitution represents a commitment to liberal values, which prioritize individual liberties as essential for a just society.

Imagine a society where anyone can be arrested without explanation, much like what happened during colonial times under the Rowlatt Act. In such a scenario, fear would prevail, preventing people from speaking out against the government or participating in political discourse. Contrarily, our current freedoms allow us to express ideas and dissent, ensuring active citizen engagement in democracy, which is critical to the health of any society.

On this basis, we can say that the Indian Constitution has a pretty strong liberal character. In the chapter on fundamental rights, we have already seen how the Constitution values individual freedom. It might be recalled that for over forty years before the adoption of the Constitution, every single resolution, scheme, bill and report of the Indian National Congress mentioned individual rights, not just in passing but as a non-negotiable value.

The Indian Constitution exhibits a strong liberal character, rooted in a commitment to individual rights. This was not a mere coincidence; for more than four decades, the Indian National Congress emphasized individual rights as foundational to the movement for independence. This long history demonstrated that the fight for individual freedoms was more than a political tactic; it was a deeply-held belief that helped shape the Constitution. Therefore, the framework crafted by the Constitution reflects these liberal principles, ensuring that individual rights are upheld.

To visualize this, think of how a community organizes a festival. Each member must have the freedom to contribute their ideas and customs, reflecting their individuality. If one person’s traditions dominate the event, it diminishes others' participation. Similarly, the Constitution aims to ensure that every individual's voice matters, just like in a well-organized community festival, thereby recognizing and protecting the unique rights of every citizen.

When we say that the Indian Constitution is liberal, we do not mean that it is liberal only in the classical western sense. [...] The makers of the Constitution believed that the mere granting of the right to equality was not enough to overcome age-old injustices suffered by these groups or to give real meaning to their right to vote.

The Indian Constitution's liberalism extends beyond classical Western notions of freedom and rights. It intertwines individual rights with social justice, recognizing historical injustices against marginalized communities, particularly Scheduled Castes and Scheduled Tribes. The framers understood that simply providing equal rights wasn't sufficient. Hence, they incorporated provisions like affirmative action to actively uplift these groups, ensuring that the rights to equality and justice were not mere words, but lived realities.

Think of a sports team where the coach notices some players are consistently outperformed due to lack of resources to train. It would be unfair to expect them to compete at the same level without providing additional support. Affirmative action in the Constitution serves a similar purpose, aiming to level the playing field for those who have been historically disadvantaged, allowing them equitable opportunities just as the coach would do for their players.

The Indian Constitution encourages equal respect between communities. [...] This made it mandatory for our Constitution to recognise community based rights.

The Constitution fosters an environment of equal respect between diverse communities in India. The framers recognized that simply promoting individual rights was not enough in a country marked by hierarchical relations among communities. Therefore, the Constitution explicitly acknowledges community rights, allowing religious and cultural communities to establish educational institutions and maintain their identities. Such recognition is vital in fostering harmony in a diverse society.

Imagine a rich tapestry made of different threads, where each thread represents a community. If one color dominates, the tapestry loses its beauty and diversity. The Constitution recognizes that all communities, like those threads, add to the rich fabric of Indian society. By granting them rights to preserve their cultural heritage, it promotes a diverse yet united nation, emphasizing that everyone's culture is valuable.

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