THE REPUBLIC WE MUST NOT LOSE - Independence, Constitutional Trust and the Hope of a New Generation
By

-- S. RABINDRA SINGH, Advocate, Manipur High Court --

Independence, Constitutional Trust and the Hope of a New Generation

Every 15 August, India raises its flag to remember a morning when a civilisation emerged from colonial rule and assumed responsibility for its own destiny. We call it Independence Day. But perhaps, after nearly eight decades, we should ask a deeper question: What exactly are we celebrating? Are we celebrating merely the fact that India became free from foreign rule? Or are we celebrating the continuing possibility of making freedom meaningful for every generation that comes after us? The distinction matters. Because political independence is an event. Constitutional freedom is a continuing responsibility. India became independent on 15 August 1947. The Constitution subsequently transformed that political independence into a constitutional Republic founded upon justice, liberty, equality and fraternity. The Preamble does not merely describe India. It gives India a moral direction. It tells every generation what the Republic is expected to become. And therefore, every Independence Day should contain two emotions: gratitude for what we inherited, and concern for what we are leaving behind.

When celebration becomes a question

For the generation that witnessed Independence, freedom was personal. They knew what it meant to live under foreign authority. For subsequent generations, freedom became something inherited. For Gen Z and the generations that follow, Independence may increasingly become something they know from history books, speeches and ceremonies. That creates a new constitutional challenge. How do we ensure that a generation born into freedom does not gradually lose faith in the institutions created to protect that freedom? A Republic does not survive merely because its Constitution exists. It survives because its citizens believe that the Constitution matters. If a young citizen begins to believe that equality is only theoretical, liberty depends upon power, justice depends upon influence, and institutional accountability is merely a slogan, something fundamental begins to disappear. Not the Constitution itself. Constitutional trust. And once constitutional trust begins to disappear, rebuilding it becomes far more difficult than protecting it in the first place.

The Constitution does not demand blind trust

There is an important distinction between constitutional faith and blind faith. The Constitution does not ask citizens to surrender their judgment. Democracy would be meaningless if citizens were required to trust every government, every institution and every exercise of public power without question. Article 14 demands equality before law. Article 19 protects fundamental freedoms, subject to constitutionally permitted restrictions. Article 21 protects life and personal liberty through the guarantee of procedure established by law, interpreted through decades of constitutional jurisprudence. These guarantees are not gifts from those who exercise power. They are limitations upon power. That is the genius of constitutional democracy. The State possesses power, but the Constitution tells the State where that power must stop. Therefore, questioning the exercise of public power is not inherently anti-national. Demanding accountability is not inherently anti-institutional. And disagreement with governmental action is not synonymous with disloyalty to the Republic. Indeed, a constitutional democracy must leave space for disagreement. Otherwise, democracy becomes merely the ritual of voting without the substance of liberty.

Is it wrong not to trust a betrayer?

This question is deeply human and constitutionally relevant. Trust cannot be demanded indefinitely after repeated betrayal. If a person breaks a promise, trust becomes conditional. If an institution fails repeatedly, citizens naturally begin to question it. That does not necessarily mean that citizens have abandoned democracy. Sometimes it means that they are asking democracy to become worthy of their trust again. Trust is not created by demanding obedience. Trust is created by consistent conduct. A government earns trust through constitutional governance. A judiciary earns trust through independence, fairness and reasoned adjudication. An administration earns trust through legality, transparency and accountability. A public institution earns trust not by demanding reverence but by demonstrating integrity. And citizens themselves have a responsibility: distrust must not become hatred; criticism must not become destruction; disappointment must not become nihilism. The answer to institutional failure cannot be the destruction of institutions. The answer must be institutional reform.

Can protecting the Constitution ever be unconstitutional?

The question sounds paradoxical. But the answer is clear in principle: No. To defend constitutionalism is not to oppose the Constitution. To demand that public power remain within constitutional boundaries is not rebellion against the Republic. To defend fundamental rights is not to weaken national unity. To insist upon equality before law is not to undermine authority. The Constitution itself establishes mechanisms through which governmental and institutional power can be questioned. Judicial review, fundamental rights, legislative accountability, constitutional remedies, freedom of expression and democratic participation are not threats to the constitutional order. They are part of the constitutional order. Therefore, the citizen who peacefully asks— “Was this lawful?” “Was this fair?” “Was this equal?” “Was this constitutional?” —is not necessarily standing outside the Republic. That citizen may be standing exactly where the Constitution expects a citizen to stand.

The Republic cannot survive on fear

There is another danger that deserves attention. A generation may obey institutions without believing in them. That kind of obedience can look like stability. But it is not constitutional confidence. A democracy becomes fragile when people become afraid to question. It becomes fragile when citizens confuse authority with infallibility. It becomes fragile when criticism is treated as betrayal. And it becomes especially fragile when young people conclude that nothing changes regardless of what they say. The Constitution envisioned something greater. It envisioned citizens who possess rights, institutions that exercise power within limits, and a democratic culture capable of correcting its own failures. The Republic therefore needs citizens who are neither blindly obedient nor permanently cynical. It needs something harder: principled citizens. Citizens who can say: “I respect the institution, but I question its action.” “I respect the law, but I challenge an unjust application of it.” “I love my country, but I will not remain silent when constitutional values are violated.” That is not disloyalty. That is constitutional citizenship.

The danger of losing the next generation

Perhaps our greatest Independence Day responsibility is not merely to remember the past. It is to protect the faith of the future. Gen Z will inherit institutions that previous generations built. But they will also inherit our failures. They will judge the Republic not by the speeches we delivered about democracy, but by the democracy they experienced. They will ask whether equality was real. Whether justice was accessible. Whether freedom of expression was meaningful. Whether institutions were independent. Whether constitutional rights could actually protect an ordinary citizen. Whether power could be questioned without fear. And perhaps the most important question will be: “Did you leave us a Constitution we could still believe in?” We must therefore be careful. When institutions fail, we must not teach young people to hate institutions. When governments fail, we must not teach them to hate the State. When justice disappoints, we must not teach them that justice itself is meaningless. Instead, we must teach them to distinguish between the ideal and the failure to achieve the ideal. The Constitution may be betrayed by those who exercise power. But that does not mean that the Constitution itself has betrayed us. The answer is not to abandon constitutionalism. The answer is to demand more constitutionalism.

Independence is not finished

Perhaps this is the uncomfortable truth behind Independence Day. India achieved independence in 1947. But every generation must achieve freedom anew. The freedom to speak. The freedom to dissent. The freedom to live with dignity. The freedom to seek justice. The freedom to question authority. The freedom to demand accountability. The freedom to disagree without becoming an enemy. These freedoms cannot be taken for granted. They must be continuously protected. The Constitution provides the framework. Institutions provide the safeguards. But ultimately, citizens provide the conscience.

From celebration to constitutional hope

Therefore, perhaps Independence Day should not be understood merely as a celebration of something completed. It should also be understood as a constitutional reminder of something unfinished. We celebrate the freedom won by our ancestors. We remember the sacrifices that made the Republic possible. But we must also ask whether our conduct today is worthy of their sacrifice. And perhaps we should replace one question with another. Not merely: “How many years of Independence have we completed?” But: “How much constitutional freedom have we protected?” The answer cannot be measured only in economic growth, military strength, technological achievement or global influence. A nation becomes truly strong when the weakest citizen can approach the law without fear. When disagreement does not become disloyalty. When institutions do not demand unquestioning trust but earn public confidence. When constitutional rights are not merely words printed on paper but realities experienced in ordinary lives. That is the India we must continue building.

A promise to the generation that follows

So, as the tricolour rises again, let us not merely celebrate India. Let us make a promise to the India that is yet to come. Let us promise that we will not convert disappointment into hatred. That we will not convert betrayal into cynicism. That we will not convert disagreement into hostility. That we will not allow fear to silence constitutional conscience. And above all— we will not allow the Constitution to become something we salute ceremonially but abandon morally. Let our children inherit not merely a powerful nation, but a trustworthy Republic. Let them inherit institutions worthy of respect. Let them inherit a democracy in which questioning is not feared. Let them inherit a country where constitutional rights are lived realities rather than distant promises. Because the greatest tribute to the freedom fighters is not simply to remember their sacrifice. It is to ensure that the freedom they fought for remains believable to the generation that never knew them. Perhaps, then, Independence Day is both celebration and hope. A celebration of what India achieved. A reminder of what India promised. And a hope that India will never stop becoming worthy of that promise. The Republic does not need citizens who believe blindly. It needs citizens who believe deeply enough to question. It needs institutions strong enough to withstand scrutiny. It needs governments humble enough to accept accountability. And it needs a younger generation that can still look at the Constitution and say: “This belongs to me too.” That may be the real meaning of Independence. Not simply that India became free from foreign rule— but that every generation continues to possess the courage to defend the freedom, dignity and constitutional promise of India. The flag will rise tomorrow. The greater question is whether the constitutional conscience beneath that flag will rise with it. And perhaps that is the hope we must carry into the next generation: Not merely a free India. Not merely a powerful India. But an India whose freedom can still be trusted.

Jai Hind.


15 Aug 2026

DOCTRINE OF RULE OF LAW: AN INDIAN PERSPECTIVE

-Shivangi Mahajan, Law Student

The Dawn of Modern Tenancy Law in Jammu & Kashmir: Analysing the 2025 Act and 2026 Rules.

-Monish Chopra, Advocate & Editor, J&K and Ladakh Law Journal

Child - Not talking but talked about : An Appraisal to the Guardians & Wards Act

-Mujieb-ur-Rahman, Advocate J&K and Ladakh High Court

Nemo Judex in Causa Sua: The Unwritten Law of Judicial Recusal

-Umar Bashir, Research Assistant, High Court of Jammu & Kashmir and Ladakh (B.A., LLB, LLM, PGDCL, PGDCLP)

Cause List System: Evolution, Challenges and Impact on Legal Practice

-Dinesh Singh Chauhan, Advocate, High Court of Judicature, J&K and Ladakh

Why Do Women Still Hesitate to Seek Justice?

-Uma Kapahi, Advocate, J&K and Ladakh High Court

Judicial Appointments: Collegium v. National Judicial Commission

-Dr Vijay Saigal, Associate Professor, Department of Law, University of Jammu

INHERENT POWERS OF HIGH COURT

-Nirbhay Sharma, Law Student

Artificial Intelligence in the Legal System: Advantages and Disadvantages

-Vipul Sharma, Advocate J&K and Ladakh High Court

INTERNALLY DISPLACED PERSONS (IDPs) IN MANIPUR

-I. Lalit Kumar Singh, Sr. Advocate

The Evolution of Lawyers and the Practice of Law

-Mr. Mansab Shafi Wadoo, Advocate (J&K and Ladakh High Court)

Safeguarding Journalists and Media Workers During Armed Conflicts

-CHAITLEY SHARMA, Advocate, J&K High Court

The Legal Profession and Advocacy: A Journey of Justice and Reform

-Uma Kapahi, Advocate, J&K and Ladakh High Court

Basic Legal Rights Every Citizen Should Know

-Vipul Sharma, Advocate J&K and Ladakh High Court

Women’s Rights and the Struggle for Balance in Contemporary Society

-Uma Kapahi, Advocate, J&K and Ladakh High Court

Plea Bargaining Under BNSS, 2023: A Detailed Examination of Scope and Nuances

-Umar Bashir, Advocate, J&K and Ladakh High Court

Women Empowerment and Rural Livelihood under International and National Laws

-Laimayum Naresh Sharma, Assistant Professor, Vishal Law Institute, IMPHAL (Manipur)

Cruelty on Husband: An Indian Legal Perspective

-Rajiv Raheja, AOR, Supreme Couirt of India

Understanding Maintenance Laws in India: Women's Rights and Matrimonial Disputes

-MUJIEB-UR-RAHMAN, Advocate, J&K and Ladakh High Court

Design Law’s Treaty and Adoption by World Intellectual Property Right Organization

-MEGHA CHOUDHARY PhD, Research Scholar, Jammu University

Judgment Writing as an Art: Mastering Language, Logic, and Legal Reasoning

-Mansab Shafi Wadoo, Advocate, High Court of Jammu & Kashmir & Ladakh

Politicians and Legal Cases in India: A Complex Relationship

-Asutosh Lohia, Adv., Delhi High Court

Jurisdiction of Tender – Terms & Conditions and Interpretation

-NITIN PARIHAR, Advocate & MOHD SUHEL, Deputy General Manager (Civil), CVPPPL, NHPC

Taxation of Expatriates and International Workers: an insight

-By Vipul K. Raheja, Advocate, Delhi High Court

PROTEST PETITION UNDER CrPC - A COMPREHENSIVE ANALYSIS AND REMEDIAL INSIGHTS

-RAJKUMAR UMAKANTA SINGH, Public Prosecutor cum Govt. Advocate (HC), Manipur

Analysis of the Judicial Decisions on Clause (3) of Article 226 of the Constitution of India, 1950

-TAYENJAM MOMO SINGH, Advocate, High Court of Manipur & Advocate-on-Record, Supreme Court of India

Powerless Watchdogs: A Study on Diminished Powers of Indian Media Regulatory Bodies

-Shivam Vashisht (Student 2nd Year, BBA LLB, Manipal University Jaipur)

White Collar Crimes in India (A Study)

-Lovekesh Jain, Avocate

CRIMINALISATION OF POLITICS – Observations by Supreme Court

-R.K. Sahni, Advocate, Delhi High Court

CAREERS IN LAW – AN OVERVIEW

-Jagruti Kate, Law Student, GLC, Mumbai

Rights under India Law for Protection of Children

-Shiv Shankar Banerjee, Advocate, Supreme Court of India