PRESIDENTIAL ELECTIONS IN INDIA – SYMBOL OF SOCIAL CHANGE

Introduction

Change in every society is a dynamic component for evolution and social empowerment. Sociologists define ‘Social Change’ as changes in human interactions and relationships that transform cultural and social institutions. These changes occur over time and often have profound and long-term consequences for society. "Change means variations from previous state or mode of existence" and in a country like India, chpanges are often abysmal and rare. The election of the President of India is not only a major political event defining the future and the density of the country, it is also symbol of our democratic values.

Impact of Empowerment on ‘The Poorest of the Poor’ – Democratic Values

Hon’ble Supreme Court of India in its land mark judgment, Air India Statutory Corporation Vs United Labour Union & Ors[1] has opined that, the Preamble and Article 38 of the Constitution envision social justice as the arch to ensure life to be meaningful and liveable with human dignity. Jurisprudence is the eye of law giving an insight into the environment of which it is the expression. It relates the law to the spirit of the time. Law is the ultimate aim of every civilised society, as a key system in a given era, to meet the needs and demands of its time. Justice, according to law, comprehends social urge and commitment. The Constitution commands justice, liberty, equality and fraternity as supreme values to usher the egalitarian social, economic and political democracy.

Social justice, equality and dignity of persons are cornerstones of social democracy. The concept of "social justice" which the Constitution of India engrafted, consists of diverse principles essential for the orderly growth and development of personality of every citizen. "Social justice" is thus an integral part of justice in the generic sense. Justice is the genus, of which social justice is one of its species. Social justice is a dynamic device to mitigate the sufferings of the poor, weak, dalits, tribals and deprived sections of the society and to elevate them to the level of equality to live a life with dignity of person. Social justice is not a simple or single idea of a society but is an essential part of complex social change to relive the poor etc. From handicaps, penury to ward off distress and to make their life liveable, for greater good of the society at large.

In other words, the aim of social justice is to attain substantial degree of social, economic and political equality, which is the legitimate expectation and constitutional goal. Social security, just and humane conditions of work and leisure to workman are part of his meaningful right to life and to achieve self-expression of his personality and to enjoy the life with dignity. The State should provide facility and opportunities to enable them to reach at least minimum standard of health, economic security and civilised living while sharing according to their capacity, social and cultural heritage.

The Preamble, Fundamental Rights (Part III) and Directive Principle (Part IV) - trinity setting out the conscience of the Constitution deriving from the source We, the people", a charter to establish an egalitarian social order in which social and economic justice with dignity of person and equality of status and opportunity, are assured to every citizen in a socialist democratic Bharat Republic. The Constitution, the Supreme law heralds to achieve the above goals under the rule of law. Life of law is not logic but is one of experience, Constitution provides an enduring instrument, designed to meet the changing needs of each succeeding generation altering and adjusting the unequal conditions to pave way for social and economic democracy within the spirit drawn from the Constitution.

The words in the Constitution or in an Act are but a framework of the concept which may change more than words themselves consistent with the march of law. Constitutional issues require interpretation broadly not by play of words or without the acceptance of the line of their growth, Preamble of the Constitution, as its integral part, is people including workmen, harmoniously blending the details enumerated in the Fundamental Rights and the Directive Principles.

The Act is a social welfare measure to further the general interest of the community of workmen as opposed to the particular interest of the individual enterpreneur. It seeks to achieve a public purpose, i.e. regulated conditions of contract labour and to abolish it when it is found to be of perennial nature etc. The individual interest can, therefore, no longer stem the forward flowing tide and must, of necessity, give way to the broader public purpose of establishing social and economic democracy in which every workmen realises socio- economic justice assured in the preamble, Articles 14, 15 and 21 and the Directive Principles of the Constitution.[2]

In a developing society like ours, steeped with unbridgeable and ever-widening gaps of inequality in status and of opportunity, law is a catalyst, rubicon to the poor etc. to reach the ladder of social justice. What is due cannot be ascertained by an absolute standard which keeps changing, depending upon the time, place and circumstance. The constitutional concern of social justice as an elastic continuous process is to accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor, the workmen etc. are languishing and to secure dignity of their person. The Constitution, therefore, mandates the State to accord justice to all members of the society in all facets of human activity. The concept of social justice embeds equality to flavour and enliven the practical content of life. Social justice and equality are complementary to each other so that both should maintain their vitality. Rule of law, therefore, is a potent instrument of social justice to bring about equality in results.[3]

Election of Presidents in the Recent Past – Symbol of Social Change

Dr APJ Abul Kalam, was elected as the President of India in the year 2002, his achievements, teachings and life lessons continue to inspire and enlighten minds even today. In a politically sensitive post Godhar massacre era, his appointment was seen as a soothing hand of the then NDA regime under PM Vajpayee. The government wanted to embrace minorities and project inclusiveness. Dr Kalam was indeed on big symbol of Indianess and triumph of the constitutional values.

Election of President of India is not only to choose a de Jure, Head of the State, but also the Supreme Commander of the Defence Forces.[4] Women empowerment has seen its heyday, within Armed Forces in the recent past. Supreme Court of India, in case of The Secretary, Ministry of Defence Vs Babita Punia [5] granted permanent commission to women officer in the Armed Forces. It is that parochial change in the utopian stings of Armed Forces, that conforms to the constitution values of equality and equanimity to avoid Gender based discrimination. The decision was accepted and is being implemented in letter and spirit. However, not long ago Mrs Pratibha Patil was elected as the first women President of India and also the Supreme Commander of the Armed forces. Hence, ability of women to lead in socio-political structure within our constitution cannot be basis of discrimination in public appointments. Society has evolved but, the polity needs to evolve with the changes in the socio-cultural patterns within the Society.

The President of India is not only symbol of Power but, the office is seen as the strength of unity and diversity which is a balancing factor in protection of the Constitution. The changing nature of castes and Dalits has become a topic of increasing interest in India. Engagement of Dalits within the mainstream and subaltern perspective that treats Dalits as a political and economic category, a class phenomenon, which subsumes homogeneity of the entire Dalit population has been the primary concern of constitutional experts.

Even the maker of the Constitution argued that, the socio-cultural deprivations of Dalits is because of their primary deprivations, characterized by heterogeneity of their experiences and century old class stratification. Dalits have a common urge to liberate from the oppressive and exploitative social arrangement which has been the guiding force of Dalit movement. Therefore, election of Shri KR Narayana and Shri Ram Nath Kovind as Dalit Presidents of India, not only reinforces the concept of equanimity and inclusiveness but, also empowers the community of their origin to which they belong.Diversity is the essence of democratic values and when more diverse the polity, better and stronger will democracy function.

Nehruvian State - First President from Tribal Community

In India, 705 ethnic groups are recognised as Scheduled Tribes. In central India, the Scheduled Tribes are usually referred to as Adivasis, which literally means Indigenous Peoples. With an estimated population of 104 million, they comprise 8.6% of the total population

The tribal communities have struggles to maintain their identity, government apathy and ignorance of their cultural values to mainstream citizens have often led to conflicts, political overarch, interference and existential crisis.

Tribal communities in India are in a constant struggle to safeguard their rights against non-tribals and government authorities. Since independence, there have been several landmark legislations with the capacity to empower India’s tribal communities, such as the Forest Rights Act (FRA) and the Panchayats (Extension to Scheduled Areas) Act (PESA). But it is unfortunate that the main concern for tribal communities is to ensure the protection of their rights through these Acts.

In its Samata Vs State of Andhra Pradesh judgement in 1997[6], the Supreme Court gave a clear message that if any state government allowed the transfer of land in favour of non-tribals and/or leased land in scheduled areas for mining projects, this would completely destroy the legal and constitutional fabric made to protect the tribal communities.

Appointment of Mrs Draupadi Murmu, can be seen as symbol of that constitution which the makers at Constituent Assembly argued to forester. May be, it is that tryst with destiny the First Prime Minister Jawaharlal Nehru envisioned. “When we step out from the old to new, when an age ends, and when the soul of a nation, long suppressed, finds utterance…"

This plan to push the envelope of Hinduism to its optimum among marginalised groups, and to put them on an equal footing with mainstream Indian society, is no mean objective. It has powerful political, and even more significant social and religious, connotations that aim to demolish a discriminatory tribal versus non-tribal binary constructed first by colonial rulers and later by Indian politicians over the last 150 years. The objective is to put an end to the extremely fragmented identity politics normalised and legitimised by the Nehruvian state, aided by ideologically motivated scholarship that sought to enhance divisions in Hindu society.[7]

Mrs Draupadi Murmu, as the President of India, is that symbol of Social Change which India will cherish for generations all together. This social engineering, at the political back drop is only going to make democracy stronger and project India as more inclusive Democracy.

[1] AIR 1997 SC 645 [2] AIR 1997 SC 645 [3] AIR 1997 SC 645 [4] Article 53 of the Constitution of India [5] (2020) 7 SCC 469 [6] AIR 1997 SC 3297 [7] https://openthemagazine.com/cover-stories/draupadi-murmu-an-epic-choice/- PR Ramesh