Challenges To Constitutional Values In The Viksit Bharat Mission 2047 - A Legal Study
Author: LawSphereX
Category: Constitutional & Human Rights
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CHALLENGES
TO CONSTITUTIONAL VALUES IN THE VIKSIT BHARAT MISSION 2047: A LEGAL STUDY Himalay Gaund, Research Scholar, Department of Law, School of Legal Studies, BBAU, Lucknow Introduction The Viksit Bharat Mission 2047 is India’s ambitious plan to evolve into a developed nation by the time it celebrates a hundred years of independence. This initiative aims for significant economic growth, social advancement, environmental care, and strong governance. It’s designed to position India as a global powerhouse with a $3. 21 trillion economy, leveraging the country’s youthful population, technological innovations, and rich cultural heritage. However, as India sets out on this transformative path, it faces the challenge of balancing rapid development with the core values laid out in its Constitution.
The principles of justice, liberty, equality, and fraternity, which are embedded in the Preamble and reflected in fundamental rights and directive principles, act as the moral and legal guide for the nation’s progress. These values are crucial for ensuring that development is inclusive, fair, and honors India’s diverse society. Yet, the ambitious goals of the mission bring forth significant challenges such as finding the right balance between economic growth and social justice, while also protecting federalism, secularism, and democratic freedoms amidst centralized reforms and societal complexities.
This article delves into the potential conflicts between the aspirations of the Viksit Bharat Mission and the constitutional framework of India, emphasizing the importance of aligning developmental goals with the nation’s foundational ideals to achieve a truly developed and just Bharat by 2047. 1 The Constitutional Framework: A Guiding Compass The Indian Constitution is more than just a legal framework, it represents a moral and political vision aimed at creating an inclusive and fair society. Some of the key constitutional values that resonate with the Viksit Bharat Mission are: 1 Chatterjee, D. a. O. D. M. , Nanda, V. B. P. D. , Hosen, A. P. B. , & Mujrai, G. T. D. (2024). TRANSFORMING INDIA: A VISION VIKSHIT BHARAT @ 2047. REDSHINE Publication.
Justice: The Preamble emphasizes social, economic, and political justice, ensuring that everyone has fair access to opportunities and resources. 2 • Liberty: Articles 19 and 25 protect our freedoms of thought, expression, belief, faith, and worship, allowing individuals to thrive autonomously. 3 • Equality: Articles 14, 15, and 16 guarantee equality before the law, prevent discrimination, and encourage equal opportunities for all. 4 • Fraternity: Highlighted in Article 51A(e), this principle fosters dignity and unity among the diverse people of India. 5 • Secularism: Articles 25 to 28 reinforce the state's impartiality in religious matters, promoting inclusivity for all. 6 • Federalism: The Seventh Schedule outlines the distribution of powers between the Union and the states, striking a balance between national interests and regional needs.
• Rule of Law: Article 14 embodies this principle, ensuring that governance is transparent, accountable, and free from arbitrary actions. The Viksit Bharat Mission, with its focus on rapid development, must navigate these values to avoid undermining the constitutional framework. However, several challenges arise when ambitious developmental goals intersect with the complexities of India’s socio-political landscape. 7 Challenges to Constitutional Values
1. Economic Growth vs. Social and Economic Justice
The Viksit Bharat Mission is focused on boosting economic growth by prioritizing infrastructure development, modernizing industries, and embracing technological advancements. While these goals are crucial for moving towards a high-income economy,
2 Bakshi, P. M. (1990). The Constitution of India.
3 Supra.
4 Supra.
5 Supra.
6 Supra.
7 Arnold, R. , & Martínez-Estay, J. I. (2017). Rule of law, human rights and judicial control of power: Some Reflections from National and International Law. Springer. placing too much emphasis on GDP growth can actually widen the gap between different social groups, which contradicts our constitutional promise of social and economic justice. Take India’s Gini coefficient, for example; it highlights ongoing income inequality, especially between rural and urban areas, and shows how wealth is often concentrated among a small elite. Big projects like smart cities and industrial corridors can lead to land acquisition, which unfortunately, displaces vulnerable communities, including farmers and Adivasis.
Although the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 was created to safeguard these groups, many have criticized its implementation for falling short on providing fair compensation and proper rehabilitation. Additionally, initiatives focused on reducing poverty, like food security programs and financial inclusion efforts such as Jan Dhan Yojana, play a crucial role in promoting inclusivity. However, if we don’t tackle the underlying issues like caste discrimination, gender inequality, and regional disparities, these initiatives might not achieve fair results. The promise of equality enshrined in Article 14 could be compromised if economic policies end up favoring urban elites or corporations, while rural and marginalized communities are left out in the cold.
2. Centralization and Federalism
The Viksit Bharat Mission takes a top-down approach, heavily influenced by national policies and Union Budget allocations, which raises some eyebrows regarding federalism. The Constitution clearly outlines the powers shared between the Union and the states, with areas like education, agriculture, and health being primarily under state control. Yet, we see centralized initiatives like the PM Gati Shakti Master Plan for infrastructure or the National Education Policy 2020 that might step on the toes of state autonomy. For example, states with their own unique cultural and linguistic identities, such as Tamil Nadu or West Bengal, have pushed back against one-size-fits-all policies that they feel undermine their regional priorities.
8 The recent announcement of a ₹75,000 crore interest-free loan to states for Viksit Bharat reforms in the 2024-25 Union Budget links financial incentives to adherence to central directives. This approach could foster a dependency that might undermine the spirit of cooperative federalism, a principle that the Supreme Court has supported in landmark cases 8 Singh, M. P. , & Verney, D. V. (2003). Challenges to India’s centralized parliamentary federalism. Publius the Journal of Federalism, 33(4), 1–20. https://doi. org/10. 1093/oxfordjournals. pubjof. a005005 like S. R. Bommai v. Union of India (1994). If states feel pressured to conform to a uniform developmental agenda, it could disrupt the constitutional balance of power, jeopardizing the diversity and autonomy that are essential to India’s federal framework.
3. Balancing Development with Environmental Sustainability
Environmental sustainability is a key focus of Viksit Bharat, but the push for rapid industrialization and infrastructure development brings some serious challenges to our constitutional right to a clean environment, as highlighted in the landmark case of Subhash Kumar v. State of Bihar (1991). Initiatives like high-speed rail corridors, mining expansions, and urban sprawl often lead to deforestation, pollution, and the destruction of natural habitats. Take, for instance, the clearing of ecologically sensitive areas for new projects, which has ignited protests from environmentalists and indigenous communities alike, showcasing the ongoing struggle between economic growth and ecological justice.
While the National Green Tribunal (NGT) and judicial activism have made strides in enforcing environmental protections, recent regulatory rollbacks, like changes to the Environment Impact Assessment (EIA) norms, have raised alarms about weakened safeguards. When environmental degradation hits marginalized groups the hardest, it undermines the principles of equality and justice, as poorer communities often face the worst effects of pollution and climate change. The mission needs to find a way to balance its growth ambitions with the directive principle outlined in Article 48A, which calls for environmental protection. 9
4. Freedom of Expression and Democratic Participation
The success of the Viksit Bharat Mission really depends on getting the public involved, which is clear from initiatives like MyGov that encourage citizen input. But for governance to be truly inclusive, we need to protect the freedom of expression outlined in Article 19(1)(a). Lately, there have been growing worries about the diminishing space for dissent, especially with laws like the Unlawful Activities (Prevention) Act (UAPA) and the sedition laws under Section 124A of the Indian Penal Code facing criticism for suppressing dissenting voices. When developmental policies like land acquisition or labor reforms are challenged by activists or local communities, heavy-handed tactics can really threaten our democratic values. Take, for
9 Roy, N. A. (2024). Green Growth in India
Balancing Economic Development with Environmental Sustainability. Journal of Sustainable Solutions., 1(3), 24–34. https://doi.org/10.36676/j.sust.sol.v1.i3.17 example, the protests against infrastructure projects; these have sometimes been met with restrictions on gatherings or even internet shutdowns, which directly challenge the right to peaceful protest. The mission’s message of “collective effort” needs to genuinely include marginalized voices, such as those of workers, farmers, and minorities. If not, it risks pushing certain groups away and violating the constitutional promise of liberty.10
5. Secularism and Social Harmony
The constitutional principle of secularism, bolstered by the 42nd Amendment, requires the state to remain neutral when it comes to religious issues. The Viksit Bharat Mission’s focus on social progress needs to carefully consider India’s diverse society, where our rich tapestry of religions and cultures can be both a tremendous asset and a potential source of division. If policies or statements seem to favor one community over another, it could weaken the bonds of fraternity and equality that we strive for. For instance, welfare programs should be rolled out without any bias towards religion or caste, as outlined in Article 15. While the mission’s emphasis on engaging youth is empowering, it’s crucial to steer clear of divisive narratives that could take advantage of social divides.
The educational reforms introduced by the National Education Policy 2020, which highlight Indian knowledge systems, should be careful not to promote a single cultural identity that sidelines minorities or differing viewpoints. Straying from this path could jeopardize our constitutional commitment to fraternity and the unity that comes from our diversity.
6. Rule of Law and Governance Reforms
Effective governance is truly the backbone of Viksit Bharat, but getting there means we have to stick to the rule of law. The mission's focus on sweeping reforms like changes in taxation, regulatory policies, and digital governance really hinges on being transparent and accountable to prevent any misuse of power. 11Take the push for digitalization under Digital India, for example. While it’s a game-changer, it also brings up serious worries about data privacy and surveillance, which could conflict with our right to privacy as laid out in Article 21, especially 10 Varshney, A. (2022). How India’s ruling party erodes democracy. Journal of Democracy, 33(4), 104–118. https://doi. org/10. 1353/jod. 2022. 0050 11 Ahmed, N. , Suhael, Chavadi, C. , Thangam, D. , Naveen, R. , Sivakumar, M. , Karthikeyan, P. , Chikkannaswamy, G. , Prasad, T. R. , & Prabhu, J. (2024).
Two day National seminar on India’s $5 trillion Economy: the Vision, Challenges, and Roadmap [5TE-2024]. https://doi. org/10. 34293/india-5te-2024 highlighted in the case of Justice K. S. Puttaswamy v. Union of India (2017). 12 On top of that, governance reforms need to tackle the issues of bureaucratic inefficiencies and corruption that chip away at public trust. The constitutional principle of equality before the law means that developmental benefits like skill development programs or financial incentives should be accessible to all citizens without any bias. If we don’t get this right, we risk deepening systemic inequalities, which goes against the mission’s goal of inclusivity. Safeguards and Recommendations To ensure that the Viksit Bharat Mission aligns with our constitutional values, we propose the following measures:
1. Inclusive Policy Design- Engage in participatory consultations with marginalized
communities, including Adivasis, Dalits, and women, to make sure that policies truly reflect their needs. - Set up an independent oversight body to keep an eye on the fair distribution of developmental benefits, ensuring we stick to Article 14.13
2. Strengthening Federal Cooperation- Form a Viksit Bharat Federal Council made up of
state representatives to connect national goals with regional priorities, all while respecting the Seventh Schedule. - Encourage states to create their own localized Viksit Bharat plans, promoting innovation while upholding the principles of constitutional federalism.
3. Environmental Safeguards- Require thorough and transparent Environmental Impact
Assessments (EIAs) for all major projects, including public hearings that involve the communities affected. - Weave climate resilience into urban planning, in line with Article 48A and our international commitments like the Paris Agreement.
4. Protecting Democratic Freedoms- Revise restrictive laws such as the UAPA to prevent
their misuse for stifling dissent, thereby protecting Article 19. - Encourage the use of digital platforms for citizen feedback, ensuring anonymity to promote fearless participation.14 12 Guruswamy, M. (2017). Justice K.S. Puttaswamy (Ret’d) and Anr v. Union of India and Ors. American Journal of International Law, 111(4), 994–1000. https://doi.org/10.1017/ajil.2017.92
13 Basu, D. D. (1966b). Introduction to the Constitution of India.
14 Sodhi, P. P., & Jasrotia, A. (2024). THE IMPLICATIONS OF THE UNLAWFUL ACTIVITIES
(PREVENTION) ACT, 1967: A CRITICAL STUDY. ShodhKosh Journal of Visual and Performing Arts, 5(1). https://doi.org/10.29121/shodhkosh.v5.i1.2024.4381
5. Upholding Secularism and Fraternity- Roll out welfare schemes through secular and
transparent methods to avoid any perceptions of bias. - Include diversity training in educational curricula to nurture mutual respect in accordance with Article 51A(e).
6 Ensuring Rule of Law
Pass a comprehensive data protection law to safeguard privacy in
our digital governance initiatives. - Strengthen anti-corruption measures, like the Lokpal, to boost accountability in projects related to the mission. 15 Conclusion The Viksit Bharat Mission 2047 is a bold initiative that has the potential to elevate India to the ranks of developed nations, harnessing the energy of its youth, the power of innovation, and the strength of resilience. However, it’s crucial that this progress doesn’t come at the expense of the constitutional values that shape India’s democratic identity. The hurdles we face like inequality, centralization, environmental issues, and threats to free speech demand a careful balance between our developmental goals and our commitment to constitutional principles.
By weaving justice, liberty, equality, and fraternity into its core, the mission can pave the way for India’s journey to 2047 to be not just prosperous, but also fair, inclusive, and harmonious. The Constitution, serving as the nation’s guiding star, must light the way, ensuring that Viksit Bharat stands as a symbol of both constitutional integrity and development. 15 Present conditions and ensuring rule of laws at local level: a case study on village Court. (2023). Asian Journal of Social Sciences and Legal Studies, 189–207. https://doi. org/10. 34104/ajssls. 023. 01890207