Editorial 1: An approaching milestone in constitutional governance  

Context

India has every reason to celebrate 75 years of constitutional governance.

Introduction

November 26 this year will mark the commemoration of the 75th anniversary of the adoption of the Constitution of India. It is a milestone that needs to be celebrated by every stakeholder of Indian democracy. Constitutional governance in India is not merely a facet of the laws, rules and regulations that govern the establishment and the evolution of democratic institutions. It is also about permeating a deep sense of constitutional culture that has captured the collective consciousness of Indians across different cultures, faiths and beliefs.

Respect for institutions, power transition 

As we move towards celebrating this Constitution Day, it is an opportune time to identify the core constitutional values that have shaped the constitutional culture of India. These five values have also withstood the test of time. 

• People’s respect for democratic institutions. The Constitution of India was adopted on November 26, 1949, a time when life expectancy in India was around 32 years. Today, it has progressed to around 70 years.
• Improvement in Standards of living: This extraordinary improvement in the standards of living and the quality of life has contributed in a significant manner for the ordinary Indian to respect the role and the contribution of democratic institutions.
• The social and economic development of India is an example of the progressive implementation of public policy over the last several decades.
• Participation in Elections: There is a need for a nuanced understanding on why Indians continue to participate in such large and significant numbers in every election — local, State or national —
  • Indians continue to expect better performance from their representatives.
• Voter turnout statistics: Since the first elections in 1951-52, we have consistently witnessed nearly 60% of Indians participating in elections including in the 2024 general election where there was a 65.79% voter turnout.
• Core constitutional values: The respect for democracy and faith in democratic institutions in India is a core constitutional value that has withstood the test of time. 

The smooth transition of elected governments

• The seven decades have seen numerous elections across States and at the national level.
• Political Representation: India has seen elected representatives representing different political parties, with varying degrees of strength and presence, within a State and/or at a pan-India level.
  • We have also seen political leaders of different ideological persuasions winning elections and holding positions of power and responsibility in the States and at the Centre.
• Commitment to smooth transitions: unique and distinctive about India’s democratic traditions, it is the deep commitment every political party attaches to the idea of smooth transitions of power at the end of elections.
• Election Campaigns : While elections are fought with high-voltage campaigns and at times, even divisive narratives,
• The electoral results: are almost always a humbling experience — it is the people of India who win each election without any exception.
• The Indian electorate role: has, time and again, demonstrated to the world that its understanding of problems and challenges will shape our decisions relating to elections.
  • The people of India have imbibed this core constitutional value of participating in elections and enabling the smooth transition of power from one government to the other. 

Upholding rights : Protection of rights and freedoms through courts

• Importance of Fundamental Rights: The Constitution is very forthright in recognising the highest degree of importance being attached to the fundamental rights and
  • the courts, which are institutions created under the Constitution to protect the rights of people.
• Role of the framers of the Constitution: It is even more remarkable that the framers of the Constitution were people associated with the freedom movement and responsible for building the foundations of the Indian Republic.
  •  They struggled to fight against colonialism to help achieve India’s freedom.
• Drafting the provisions relating to fundamental rights: the members of the Constituent Assembly were mindful of the power of the mighty state and its instrumentalities.
  • They could have tilted towards the idea of a benevolent state, especially when almost the entire first Cabinet had people who were part of the freedom movement.
• Deep scepticism of the state apparatus: and the fervent commitment towards protecting individual rights and freedoms reflected a far-sighted vision on their part.
  •  This vision of recognising the role of the state, while being conscious of the fact that rights and freedoms are paramount, is a core constitutional value that has only been strengthened over the years. 

Federalism as a facet of constitutional governance

• Recognition of Diversity: The framers of the Constitution were mindful of the extraordinary diversity of the country,
  • including its linguistic diversity and other forms of pluralism deeply embedded in our civic and political culture.
• Protection of unique identities: The history and the tradition of every State of India also meant that they were conscious of protecting the unique identity, tradition and culture of the States and the people while forging a collective national identity.
  • They created different forms of autonomy and special privileges for different States keeping in mind their unique histories and cultures.
  • To efficaciously ameliorate the disparities that are prevalent among the people in certain regions of the nation, the Indian Constitution delineates a paradigm of special dispensations, furthering the agenda of equity and inclusivity. 
• Federalism and Inclusivity: Over the last seven decades, the idea of federalism has further deepened at least at two levels:
  • first, the rise of State-level political parties across India and their own contribution to the development of national political consciousness.
    • This has, on several occasions, led to strong State parties contributing to the development of coalition governments in the States and at the Centre.
  • Second, the idea of federalism has also led to the passing of the 73rd and 74th Constitutional Amendments, which led to the establishment of panchayati raj institutions and nagarpalikas.

The part played by media, civil society 

• Role of the media and civil society in instilling faith in democracy:
  • Much has been said and written about the Indian media.
  • The Indian media is a diverse and heterogeneous institution with views and perspectives that are generated across India in different languages.
• Evolution of media: Further, the transition of print media to broadcast and further innovations in media and technology have democratised access to information and indeed the role of media.
  • While there are fundamental challenges relating to the economic model of governance of media institutions, it is fair to say that media and civil society have contributed to the instilling of faith in Indian democracy.
• Challenges in media governance: While we need to be critical of the challenges of the autonomy and the independence of media,
  •  it is equally important to recognise the values of transparency that have been part of the media culture.
• Impact of the information explosion: In the cacophony of an information explosion through various forms of media and the medium of communication,
  • the Indian electorate has been enlightened to develop an informed degree of understanding of the role of the media and civil society. 

Conclusion

We have every reason to celebrate 75 years of constitutional governance. After Independence, the last British commander in chief of the Indian Army, General Claude Auchinleck, who believed India’s diversity would prevent it from becoming a unified nation. We proved many people wrong in not only forging a national identity of a nation that is built on constitutional ideals but we have also made the Constitution an instrument of galvanising social conscience and political consciousness. Thus, India has successfully forged a strong national identity built on constitutional ideals.

Editorial 2: The law enacted by the European Union recently is a model worth following

Context

In advanced and emerging economies, inclusive growth and development can become a reality if there is a focus on key policy actions that have been identified.

Introduction

The degradation of natural ecosystems is an urgent global issue, and India, with its vast geographical and ecological diversity, is no exception. With almost 30% of its total geographical area having land degradation, the need for India to adopt a comprehensive nature restoration law is more acute. The Nature Restoration Law (NRL), which was enacted by the European Union (EU), is an inspiring model from which India can draw points to tackle its growing environmental crises.

What are the key provisions of the NRL?

• The NRL, adopted by the EU’s Environmental Council on June 17, 2024, is a groundbreaking piece of legislation that aims to restore the health of Europe’s ecosystems. 
• The regulation was endorsed by a majority of EU member-states, representing 66.07% of the EU population, marking a milestone in global environmental governance.
• The law mandates that at least 20% of the EU’s land and sea areas must be restored by 2030, with the goal of having all ecosystems in need of restoration fully restored by 2050. 
• The NRL is part of the EU’s Biodiversity Strategy for 2030 and the European Green Deal,
• It seeks to reverse the alarming trend of biodiversity loss as over 80% of Europe’s habitats are in poor condition.
• It focuses on a broad range of ecosystems,
  • from forests and agricultural lands to rivers and urban spaces,
  •  implementing specific measures such as the restoration of 25,000 kilometres of rivers into free-flowing rivers and
  •  the planting of three billion additional trees by 2030. 

Environmental Challenges in India

• India is grappling with similar, if not more severe, environmental challenges.
• According to the Indian Space Research Organisation (ISRO)’s Desertification and Land Degradation Atlas, nearly 97.85 million hectares (29.7%) of India’s total geographical area underwent land degradation in 2018-19, a sharp increase from 94.53 million hectares in 2003-05.
• Desertification, in particular, is a growing concern, with 83.69 million hectares affected in 2018-19.
•  The report highlights that land degradation is prevalent in key States such as Gujarat, Karnataka, Maharashtra and Rajasthan, which together form 23.79% of India’s desertified land areas.

What are the initiatives by India?

• India has already made considerable strides in addressing these issues through the successful implementation:
  • of the Green India Mission,
  • the Pradhan Mantri Krishi Sinchayee Yojana,
  • the Integrated Watershed Management Programme (which is the second-largest watershed programme in the world) and
  • the National Afforestation Programme.
• Need for a comprehensive approach: The scale of the problem demands a more comprehensive approach.
  • Just as the EU’s NRL sets legally binding targets for ecosystem restoration,
  • India needs such a nature restoration law that mandates the restoration of its degraded landscapes, ensuring the long-term sustainability of its ecosystems. 

What a law in India could look like 

A Nature Restoration Law in India, inspired by the EU’s model, could include the following. 

• First in the list is restoration targets India should aim to restore 20% of its degraded land by 2030, with a goal of restoring all ecosystems by 2050.
  • This includes forests, wetlands, rivers, agricultural lands, and urban green spaces. 
• Second is wetland restoration. While peatlands are less common in India, critical wetlands such as the Sundarbans and Chilika Lake support biodiversity and carbon sequestration.
  • A law could target restoring 30% of degraded wetlands by 2030. 
• Third is biodiversity in agriculture. Agriculture dominates India’s landscape. Promoting agroforestry and
  • sustainable practices could restore farmlands.
  • Indicators such as the butterfly or bird index used in the EU, could track progress. 
• Fourth is river restoration. India could focus on restoring free-flowing rivers, beginning with major rivers such as the Ganga and Yamuna, addressing pollution and obstructions. 
• Fifth is urban green spaces. To combat urban degradation, India should ensure no net loss of green spaces, promoting urban forests in cities such as Bengaluru and Delhi, which face heat islands and declining air quality. 

 

Economic and social benefits of restoration 

• Economic and environmental benefits: The benefits of such a law would extend beyond environmental restoration.
  • According to the World Economic Forum, nature restoration could globally generate economic returns of up to $10 trillion annually by 2030.
  • In India, restoring degraded lands would enhance agricultural productivity, improve water security, and create millions of jobs, particularly in rural areas.
  • The law could also help India meet its Sustainable Development Goals (SDGs) Goal 15, which calls for the sustainable management of forests and combating desertification. 
• Climate change mitigation: Restoring ecosystems can also mitigate the effects of climate change, which exacerbates land degradation.
  • Degraded land loses its capacity to absorb carbon dioxide, further contributing to global warming.
  • By restoring its ecosystems, India can enhance its carbon sinks and meet its commitments under the Paris Agreement. 

Conclusion

The EU’s Nature Restoration Law sets an important precedent for countries worldwide. Given the alarming levels of land degradation and biodiversity loss in India, such a law in India would not only help India restore its degraded ecosystems but also contribute to its socio-economic development and climate resilience. The clock is ticking, and the time to act is now.