India's Formative Years:
Independence, Partition & Early Republic

The period encompassing India's independence, the trauma of Partition, and the formative years of the Republic continues to cast a long shadow on contemporary India. Current events, policy debates, and socio-political discourses frequently draw upon or are influenced by the legacies of this era. Anniversaries of key historical milestones serve as occasions for national reflection and policy pronouncements. Debates surrounding citizenship, refugee rights, and the integration of regions like Jammu & Kashmir are deeply intertwined with the events of 1947 and its aftermath.

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Anniversaries of Key Events

Independence Day (August 15)

  • 77th Independence Day (2023): PM Modi emphasized "Amrit Kaal" and reiterated "Panch Pran" (Five Resolves).
  • Focus areas: Self-reliance (Aatmanirbhar Bharat), women-led development, technological advancement (Digital India), national unity.
  • Vishwakarma Yojana: Announced during 2023 speech to support traditional artisans and craftspeople.

Republic Day (January 26)

  • 75th Republic Day (2024): French President Emmanuel Macron was the Chief Guest. Themes often include "Nari Shakti" and "Viksit Bharat."
  • Tableaux from states/ministries, defence capabilities displayed. Padma Awards and gallantry awards conferred.

Partition Horrors Remembrance Day (August 14)

  • Declared in 2021 to be observed annually.
  • Aims to remember the victims and sufferings during the Partition of India in 1947.
  • Controversy: Concerns raised about exacerbating communal tensions if not handled sensitively.

Constitution Day (Samvidhan Divas, November 26)

  • Commemorates adoption of Constitution in 1949. Observed since 2015.
  • Emphasizes constitutional values, duties of citizens, and role of Dr. B.R. Ambedkar.

Azadi Ka Amrit Mahotsav (AKAM)

  • A 75-week celebration (March 12, 2021 - August 15, 2023) marking 75 years of India's independence.
  • Focused on themes like Freedom Struggle, Ideas@75, Resolve@75, Actions@75, and Achievements@75.

Declassification of Historical Documents

National Archives of India (NAI)

  • Periodically declassifies records as per Public Records Act, 1993, and Rules, 1997.
  • Recent focus: Digitization and uploading of declassified records on the "Abhilekh Patal" portal for public access.
  • Netaji Subhas Chandra Bose Files: Declassification began in 2015-2016, shedding more light on his activities.
  • Significance: Promotes transparency and academic research; can lead to re-evaluation of history; can be politically sensitive.

Digital Initiatives & PM Sangrahalaya

The Pradhanmantri Sangrahalaya (PMs' Museum) in New Delhi, inaugurated in 2022, utilizes archival material and digital displays to showcase the lives and contributions of all Indian Prime Ministers, implicitly drawing on historical records related to early foreign policy and integration.

Debates on Legacy of Partition, Citizenship Issues, Refugee Rights

Citizenship Amendment Act (CAA), 2019
  • Rules Notified (March 2024): Enabled process for granting citizenship to persecuted non-Muslim minorities (Hindu, Sikh, Buddhist, Jain, Parsi, Christian) from Pakistan, Bangladesh, and Afghanistan who entered India on or before December 31, 2014.
  • Ongoing Debates:
    • Arguments for: Humanitarian gesture, addresses Partition's unfinished business, provides refuge to persecuted minorities.
    • Arguments against: Violates Article 14 (equality) by linking citizenship to religion, excludes certain persecuted groups (e.g., Ahmadiyyas, Rohingyas), potential impact on secular fabric, concerns in states like Assam.
    • Legal challenges pending before the Supreme Court.
Refugee Rights
  • India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. Handles refugee issues based on ad-hoc policies.
  • Rohingya Refugees: Issue of deportation and their rights remains contentious.
  • Afghan Refugees: Influx increased after the Taliban takeover (Aug 2021). India provided e-visas and some assistance.
Partition's Legacy
  • Commemorations like "Partition Horrors Remembrance Day" aim to keep the memory alive.
  • Academic and public discourse continues on the causes, consequences, and long-term impact on communal relations, identity politics, and bilateral relations.
  • Recent scholarly work focuses on oral histories, subaltern experiences, and gendered impacts.

Constitutional Values and Their Contemporary Relevance

Preamble
  • Words like "Socialist" and "Secular" continue to be debated. Discussions on whether they are part of the "basic structure."
  • Emphasis on Justice (social, economic, political), Liberty, Equality, Fraternity as guiding principles.
Fundamental Rights (FRs)
  • Article 14 (Equality): Frequently invoked in challenges to laws like CAA.
  • Article 19 (Freedom of Speech & Expression): Debates on scope, reasonable restrictions, sedition law (Section 124A IPC – currently under review by Law Commission and SC directive).
  • Article 21 (Right to Life & Personal Liberty): Expanded interpretations by SC (e.g., right to privacy – K.S. Puttaswamy judgment 2017, right to a clean environment, right to health).
  • Recent Supreme Court Judgments (2023-24): On same-sex marriage (Supriyo Chakraborty vs Union of India, 2023) – SC declined to grant legal recognition, stating it's for Parliament, but acknowledged non-discrimination.
Directive Principles of State Policy (DPSPs)
  • Uniform Civil Code (UCC - Article 44): Gaining prominence. Uttarakhand became the first state post-independence to pass a UCC bill in February 2024. Debates center on national integration vs. protection of minority personal laws.
  • Social justice DPSPs (e.g., Articles 38, 39, 46) guide welfare schemes.
Basic Structure Doctrine
  • Reaffirmed in various SC judgments. Recent discussions around whether judicial appointments (Collegium system vs. NJAC) or certain legislative actions impinge upon it.
  • Vice President Jagdeep Dhankhar's remarks (early 2023) questioning the Kesavananda Bharati judgment sparked debate on parliamentary sovereignty vs. judicial review.

Issues related to Integration of Jammu & Kashmir

Abrogation of Article 370 & 35A (August 5, 2019)
  • Ended the special constitutional status of J&K and bifurcated the state into two Union Territories: J&K (with legislature) and Ladakh (without legislature).
Supreme Court Judgment (December 11, 2023)
  • A five-judge Constitution bench unanimously upheld the Union Government's 2019 decision to abrogate Article 370.
  • Stated that Article 370 was a temporary provision.
  • Directed the Election Commission of India to hold assembly elections in J&K by September 30, 2024.
  • Recommended setting up a Truth and Reconciliation Commission to address past human rights violations.
Post-Abrogation Developments & Historical Context
  • Delimitation Commission submitted its report in May 2022.
  • Government highlights increased investment, development, and improved security.
  • Concerns remain regarding restoration of full statehood, political freedoms, and human rights.
  • Historical Context: Reference to Instrument of Accession (1947), UN Resolutions, and evolution of J&K's special status are crucial.

Conservation of Sites Related to Independence Movement and Early Republic

PM Sangrahalaya

Inaugurated in April 2022, showcases contributions of all Prime Ministers, conserving and presenting their legacy.

Kartavya Path & Central Vista

Inaugurated September 2022. Aims to shed colonial vestiges. Includes new Parliament building (inaugurated May 2023).

Jallianwala Bagh Smarak

Renovated memorial complex inaugurated in August 2021.

Cellular Jail, Andaman

Continuous efforts for upkeep and promotion as a site of national pilgrimage.

Sabarmati Ashram

Proposed major redevelopment has faced some controversy, with concerns about preserving its original character.

Adopt a Heritage Scheme

(Launched 2017, ongoing) Private and public sector companies partner for maintenance and development of tourist amenities at heritage sites.

Summary Table: Recent Key Developments (2023-2024)

Subtopic Key Recent Development(s) Source(s) (Indicative)
Anniversaries Vishwakarma Yojana (Ind. Day 2023); French President Chief Guest (Rep. Day 2024); Azadi Ka Amrit Mahotsav concluded (Aug 2023) PIB, MEA
Declassification Ongoing digitization on Abhilekh Patal; PM Sangrahalaya utilizing archival material. NAI, PIB
Partition Legacy, Citizenship, Refugee Rights CAA Rules notified (March 2024); Ongoing debates on Rohingya. MHA, The Hindu, UNHCR
Constitutional Values SC declined legal recognition for same-sex marriage (Oct 2023); Uttarakhand UCC Bill (Feb 2024); VP's remarks on Basic Structure (Jan 2023). SC Observer, PRS, Indian Express
J&K Integration SC upheld abrogation of Art. 370 (Dec 2023), directed ECI to hold elections by Sep 2024. SC Judgement, PIB
Conservation of Sites New Parliament building inaugurated (May 2023); PM Sangrahalaya operational; Debates on Sabarmati Ashram redevelopment. PIB, Ministry of Culture, The Hindu

Prelims-ready Notes

  • Independence Day 2023: PM Modi's "Panch Pran," "Amrit Kaal" focus; Vishwakarma Yojana announced.
  • Republic Day 2024: French President Macron Chief Guest; "Nari Shakti," "Viksit Bharat" themes.
  • Partition Horrors Remembrance Day: Aug 14 (since 2021).
  • Constitution Day (Samvidhan Divas): Nov 26 (since 2015).
  • Azadi Ka Amrit Mahotsav: 75 weeks for 75 years of Independence (concluded Aug 2023).
  • Declassification: Abhilekh Patal (NAI portal). PM Sangrahalaya (Delhi, 2022).
  • CAA Rules Notified: March 2024 (for non-Muslim minorities from Pak, B'desh, Afg, entered by Dec 31, 2014).
  • Refugee Policy: India not signatory to 1951 Convention. Ad-hoc.
  • Constitutional Values: Preamble, FRs, DPSPs central to debates.
  • Recent SC Judgments: Same-sex marriage (Supriyo Chakraborty vs UoI, 2023) - no legal recognition by SC.
  • UCC: Art 44. Uttarakhand UCC Bill (Feb 2024).
  • J&K: Art 370 abrogation upheld by SC (Dec 2023); elections by Sep 30, 2024.
  • Conservation: Kartavya Path (2022), New Parliament (2023), Jallianwala Bagh renovation (2021). Adopt a Heritage scheme.

Mains-ready Analytical Notes

  • Continuity of Historical Legacies: Partition's Shadow (CAA debates, refugee policies), Constitutional Evolution (Preamble, FRs, DPSPs constantly interpreted).
  • Debates & Divergent Views: Commemoration Politics (unifying vs. divisive), Citizenship (CAA), J&K (national security, development, human rights, federalism).
  • Integration of Value-Added Points: International Reports (UNHCR), Government Schemes (Kartavya Path, PM Sangrahalaya linked to decolonization).
  • Contemporary Relevance of Constitutional Values: SC's role in upholding FRs, push for UCC balancing DPSP ideals with FRs.

Trend Analysis (UPSC Questioning Style - Last 10 Years)

Prelims:

  • Questions linking contemporary events to their historical/constitutional roots are common.
  • Focus on: Landmark SC judgments and their principles, key constitutional articles in news (e.g., Art 370, CAA related articles), features of the Preamble/FRs/DPSPs, anniversaries if linked to major policy shifts, and institutions/laws related to Partition or integration.
  • UPSC often tests conceptual clarity (e.g., meaning of "Republic," "Secularism") and the rationale behind constitutional provisions.

Mains:

  • Direct questions on contemporary issues with deep historical roots (e.g., J&K, CAA, UCC).
  • Analytical questions on the relevance of constitutional values in modern India.
  • Impact of historical events (like Partition) on current policies (foreign, domestic).
  • Questions often require a multi-dimensional analysis (political, social, legal, ethical).
  • The ability to link static portions of the syllabus (history, polity) with dynamic current affairs is highly valued.

UPSC Previous Year Questions (PYQs)

Prelims MCQs

UPSC CSE 2020 (adapted): Consider the following statements:
1. The Constitution of India classifies the Scheduled Tribes on the basis of their geographical isolation and backwardness.
2. The 'special status' for Jammu and Kashmir under Article 370 was envisaged as a permanent feature of the Indian Constitution by its framers.
Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (d)

Hint/Explanation: The SC in its Dec 2023 judgment reiterated that Article 370 was a temporary provision. The Constitution does not define STs based on specific criteria of isolation and backwardness for classification; the President specifies STs under Article 342.

UPSC CSE 2019: Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

(a) First Administrative Reforms Commission (1966)
(b) Rajamannar Committee (1969)
(c) Sarkaria Commission (1983)
(d) National Commission to Review the Working of the Constitution (2002)

Answer: (c)

Hint/Explanation: The Sarkaria Commission made several recommendations regarding the appointment and role of Governors, aiming to ensure impartiality, relevant to the functioning of the republic.

UPSC CSE 2020: The Preamble to the Constitution of India is:

(a) a part of the Constitution but has no legal effect
(b) not a part of the Constitution and has no legal effect either
(c) a part of the Constitution and has the same legal effect as any other part
(d) a part of the Constitution but has no legal effect independently of other parts

Answer: (d)

Hint/Explanation: The Supreme Court in the Kesavananda Bharati case (1973) held that the Preamble is part of the Constitution. It is not directly enforceable in a court of law but can be used to interpret ambiguous areas of the Constitution. It derives its meaning and force from the articles that follow.

Mains Questions

UPSC CSE 2023 (similar theme): Discuss the possible factors that inhibit India from enacting a comprehensive law for the protection of refugees. Also, suggest remedial measures.

Direction/Value Points:

  • Inhibiting Factors: Security concerns (porous borders, infiltration), economic burden, socio-cultural impact on local communities, lack of domestic political consensus, undefined distinction between 'refugee' and 'illegal migrant' in domestic law, impact on bilateral relations (e.g., with Bangladesh over Rohingyas). India not being a signatory to the 1951 Convention and its protocol reflects a long-standing policy stance.
  • Remedial Measures: Need for a national asylum framework/law defining rights and obligations, clear criteria for refugee status determination, balancing humanitarian concerns with national security, strengthening border management, engaging with international organizations, burden-sharing mechanisms. Could draw parallels with CAA's selective approach vs. a comprehensive framework.
UPSC CSE 2017 (adapted): "The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty.

Direction/Value Points:

  • Explain "living instrument" – ability to adapt through amendments, judicial interpretation.
  • Focus on Article 21: From A.K. Gopalan's narrow interpretation to Maneka Gandhi's expansive view.
  • Cite landmark judgments: Right to privacy (Puttaswamy), clean environment (M.C. Mehta cases), dignity, speedy trial, legal aid, shelter, etc.
  • Link to DPSPs being read into Article 21.
  • Discuss how contemporary issues (e.g., digital rights, LGBTQ+ rights debates before the SC) test and expand these horizons.
Hypothetical: To what extent, in your view, has the Partition of India shaped the basic premises of India’s foreign policy, particularly towards its neighbours, in the post-independence era?

Direction/Value Points:

  • Premise 1: Pakistan as a primary focus: Security concerns, territorial disputes (Kashmir), wars, nuclearization, cross-border terrorism.
  • Premise 2: Concern for minorities in neighbouring countries: Particularly in Pakistan and Bangladesh (often cited in CAA debates).
  • Premise 3: Non-Alignment: A way to maintain autonomy while dealing with Cold War politics complicated by Indo-Pak rivalry.
  • Premise 4: Regional Stability: Efforts to manage borders, river water sharing (Indus Waters Treaty), and refugee flows stemming from Partition's unsettled nature.
  • Premise 5: Shaping Identity: India's secular, democratic identity contrasted with Pakistan's.
  • Critically analyze how these premises have evolved but still hold relevance.

Original MCQs for Prelims

1. Which of the following was a key directive issued by the Supreme Court of India in its December 2023 judgment upholding the abrogation of Article 370?

Show Answer & Explanation

Answer: (c)

Explanation: The Supreme Court, while upholding the abrogation of Article 370, directed the ECI to take steps to conduct elections to the Legislative Assembly of J&K by September 30, 2024, and also recommended the restoration of statehood at the earliest.

2. Consider the following statements regarding the "Partition Horrors Remembrance Day":
1. It is observed annually on August 15th.
2. It was first declared in the year 2021.
3. The primary aim is to honor the freedom fighters who led India to independence.
Which of the statements given above is/are correct?

Show Answer & Explanation

Answer: (a)

Explanation: Partition Horrors Remembrance Day is observed on August 14th (Statement 1 incorrect). It was declared in 2021 (Statement 2 correct). Its aim is to remember the victims and sufferings during Partition, not primarily to honor freedom fighters for independence (Statement 3 incorrect).

Original Descriptive Questions for Mains

The recent notification of Citizenship Amendment Act (CAA) rules has reignited debates rooted in the complex legacy of Partition. Critically analyze the arguments for and against the CAA, 2019, especially in light of constitutional provisions and India's historical experience with refugees.

Structure/Key Points for Answering:

  • Introduction: Briefly link CAA to Partition's aftermath and refugee influx.
  • Arguments for CAA (Proponents' view):
    • Addresses historical injustice of Partition towards persecuted minorities in Islamic states.
    • Humanitarian concern for those facing religious persecution.
    • Fulfills a long-standing demand/promise.
    • Limited scope, specific cut-off date.
  • Arguments against CAA (Critics' view):
    • Violation of Article 14 (equality before law, non-discrimination on religious grounds).
    • Exclusion of certain persecuted religious groups (e.g., Muslims like Ahmadiyyas, Shias) and non-religious persecuted groups.
    • Exclusion of refugees from non-specified neighbouring countries (e.g., Sri Lankan Tamils, Rohingyas from Myanmar).
    • Concerns about impact on secular fabric of India.
    • Potential demographic impact in border states (Assam Accord context).
  • Constitutional Provisions: Discuss Article 14, Preamble's secular ideals, Parliament's power to make laws on citizenship (Article 11).
  • India's Historical Experience with Refugees: Mention past instances (Tibetan, Bangladeshi, Sri Lankan refugees) where India offered refuge without explicit religious criteria. Compare with CAA's approach.
  • Critical Analysis: Weigh the arguments, discuss the balance between national interest, humanitarianism, and constitutional principles.
  • Conclusion: Summarize the complexity, need for a compassionate yet constitutionally sound refugee policy.
"The transformation of Rajpath to Kartavya Path and the development of the Central Vista are symbolic assertions of a post-colonial republic finding its own identity." In light of this statement, discuss the significance and controversies associated with recent efforts to conserve and redevelop sites linked to India's independence and early republic.

Structure/Key Points for Answering:

  • Introduction: Acknowledge the symbolic importance of public spaces and monuments in nation-building.
  • Significance of Redevelopment/Conservation (as per government narrative):
    • Shedding colonial vestiges and symbols (Rajpath to Kartavya Path meaning 'Path of Duty').
    • Creating modern infrastructure for efficient governance (New Parliament).
    • Reflecting aspirations of a 'New India' / 'Viksit Bharat'.
    • Honoring national heroes and prime ministers (PM Sangrahalaya).
    • Enhancing public accessibility and national pride.
  • Controversies and Concerns:
    • Heritage Preservation: Concerns about alteration/demolition of existing heritage structures.
    • Environmental Impact: Tree felling, impact on green spaces.
    • Public Consultation: Allegations of lack of adequate public consultation and transparency.
    • Cost and Priorities: Debates on expenditure.
    • Interpretations of History: Whose history is being preserved/promoted? Risk of selective narratives.
  • Case Studies (briefly): Central Vista, PM Sangrahalaya, Sabarmati Ashram redevelopment proposal.
  • Balancing Development and Preservation: Need for sensitive urban planning, adherence to heritage conservation norms, inclusive dialogue.
  • Conclusion: While such projects can reinforce national identity, it's crucial they are executed with sensitivity to heritage, environment, and democratic processes to avoid alienating sections of society or erasing historical complexities.