ABSTRACT

This chapter argues that the task of entrenching liberal principles in a historically diverse, deeply segregated Indian society was a monumental one. This goal was nevertheless pursued vigorously and strategically by the framers of India’s remarkable Independence Constitution. In doing so, they were hampered by many factors and by their own prejudices and limitations. Nevertheless, the outcome of their efforts resulted in a constitution that, for all of its contradictions, has had a significant and tangible effect on the lives of India’s 1.3 billion population. Yet the cracks and fissures in the original compact have arguably facilitated the strong push toward authoritarian illiberal governance that India has experienced since 2014. The principal argument of this chapter is that the roots of the illiberalism that has been so evident in India since 2014 lie deep within its history, constitutional design, and sociopolitical culture. In the contemporary climate, there is a continuing battle between the forces of illiberalism and those who seek to defend constitutional values. The chapter seeks to show how these fault lines have developed across India’s constitutional journey of seven decades.