Azadi ka Amrit Mahotsav organised by IAIE, the Indian High Commission, DFAT, JGU and India News

A report by Ms Anushka Saxena, Adjunct Fellow, IAIE

On 26th November 2021, the Institute of Australia-India Engagement (IAIE) organised a hybrid international webinar on the “Role of Constitutional Democracies in Shaping the Emerging World Order” in partnership with the Indian High Commission - Canberra, Australian Department of Foreign Affairs and Trade (DFAT), Centre for India-Australia Studies (CIAS) - O.P. Jindal Global University and India News Australia. The event commemorated India’s Constitution Day as part of Azadi ka Amrit Mahotsav celebrating 75 years of India’s independence. The webinar featured keynote speakers Mr Suneet Mehra (Deputy High Commissioner of India to Australia) and Mr Ian Biggs (Deputy High Commissioner of Australia to India), and distinguished speakers - Mrs Archana Singh (Honorary Consul of India in Queensland), Mr Michael Feller (Director, India Political Section, North and South Asia Division, DFAT), Prof. Yogesh Joshi (Research Fellow, Institute for South Asian Studies, National University of Singapore) and Ms. Lalitha Kumaramangalam (Director, India Foundation) and Prof. Shaun Star (Director, CIAS). The event was chaired and moderated by Dr Ashutosh Misra (CEO, IAIE).

Delivering the introductory remark Ashutosh Misra said that the struggle for the Constituent Assembly was being made since the 1930 in protest against Simon Commission, and the British were convinced that nothing short of the granting rights to Indian nationalists to draft the constitution would satisfy them. Following the first meeting of the Constituent Assembly in 1946, the Constitution drafted and adopted on 26 November 1949, and came into force on 26 January 1950, the day which is celebrated as India’s Republic Day. He also noted that 26 November has also become synonymous with India’s fight against the ideology that does not believe in democratic ethos, civil rights and freedoms. He was referring to the brazen terrorist attacks by Lashkar-e-Toiba terrorists in Mumbai in 2008. Ashutosh Misra also observed that the world is passing through a critical transition, wherein the liberal democracies realise the need to defend the principles of democracy, freedom and civic liberties to build a stable, secure, transparent and a rule-based world order in the Indo-Pacific. He shared that the concert of democracies or D-10 comprising the world top ten democracies have been diligently working to build a rule-based order, and in this context the Australia-India Strategic Partnership and QUAD are vital.

Archana Singh delivered the welcome speech reflecting upon the internal democratic functioning of India and Australia, their global outlook and multilateral commitments. She emphasised that global challenges required a concerted plurilateral effort, and constitutional democracies needed to come together to address them.

Suneet Mehta, highlighted India’s contributions to making the world a better place in its 75th years of independence. Citing India’s Vaccine Maitreyi initiative he emphasized its commitment towards effectively dealing with the COVID-19 pandemic, and underlined India’s largest vaccine drive in the world. He illuminated India’s outstanding record in providing billions of dollars in aid and infrastructure support to nations in need, as well as its commitment towards multilateral forums such as the UNSC, BRICS and G20. He reminded of the importance of strong India-Australia bilateral relations in shaping an open, inclusive and rules-based Indo- Pacific order. Using the examples of India-Australia agreements on early harvest, maritime domain awareness and critical technology partnership, he noted the rising trajectory of India-Australia bilateral relations.

Ian Biggs brought to light that while Indian and Australian electoral systems are different in terms of scale and process, they share common values like true appreciation for democratic institutions and ideals of justice - not to mention, the celebration of elections with barbecues in Australia and festive road rallies in India. He also talked about the significance of India-Australia partnership in furthering democratic values across their joint multilateral commitments, such as the Quadrilateral Security Dialogue and the Indo-Pacific regional architecture. Quoting S. Jaishankar, the Indian Minister for External Affairs, Ian Biggs argued that there is a “strategic imperative” for democracies to come together and deal with regional and global challenges, including challenges like undue aggression from other nations, in tandem with their shared democratic ideals. He shared Australia’s evolving democratic and electoral processes since the 1900s to the present, and argued that democracies are not perfect, but are self-correcting and based on consensus-building. He concluded by quoting Indian Prime Minister Narendra Modi’s speech from the 75th UN General Assembly (2021) : “democracy can deliver, [and] democracy has delivered.”

Michael Feller started his presentation by remembering the victims of the 26/11 terror attacks in Mumbai in 2008 in which two Australian lives were also lost. He underscored the relevance of PM Modi’s multilateral initiatives, like the International Solar Alliance, in bringing about constitutionality and democratisation to the Indo-Pacific infrastructure and expressed Australia’s appreciation of it. He highlighted the importance of India- Australia cooperation towards regional and international democratic institutions and regimes, such as the ASEAN and the UN Convention on the Law of the Sea. He mentioned that Australia has supported India in the UN Human Rights Council, the Universal Postal Union, and the International Maritime Organisation as a good friend. He concluded by appreciating the presence and role of Indian diaspora in Australia in strengthening bilateral relations.

Yogesh Joshi started by emphasising that impact of strategic environment on India’s internal functioning and compared its current strategic environment with the Cold War era, and unprecedented challenges it faces from China, which will exacerbate with diminishing US role and presence in the region. He observed that India-Australia partnership has become stronger because the two countries strive to create a balanced world and a transparent and rules-based regional order driven by their common democratic ethos. Noting China’s Grey Zone tactics on India’s borders and its economic sanctions against Australia in response to the latter’s demand for an investigation into the origins of the COVID-19 pandemic, Yogesh Joshi reminded that the balance of power in the Indo- Pacific is changing drastically. He stressed on the need for India and Australia to build an open and inclusive Indo-Pacific order, work as a counterbalance to China’s actions, and safeguard small island nations’ interests in the region.

Shaun Star kickstarted his presentation by sharing with the audience that three Indians have been awarded Australia’s highest civilian honour the Order of Australia: Former Attorney- General of India, Soli Sorabjee, Kiran Majumdar Shaw and Sachin Tendulkar. He observed that the Indian and Australian constitutions have many common tenets borrowed from Great Britain and took note of the shared legal perspectives between India and Australia on aspects Mr Michael Fellerlike constitutionality and rule of law that are based on the British Common Law. Quoting Michael Kirby, an eminent jurist from Australia, Shaun Star observed that it is intriguing that Indian and Australian lawyers do not know enough about each other and the other country’s legal systems. He listed similarities between the two constitutions such as the separation of powers, independent judiciary and respect for pluralism. He also argued that just like Indian courts have used case-law from Australian jurisprudence as precedents, Australia also has a lot to learn about Bill of Rights (Public Interest Litigation in India) from India and its elaborate constitution. Using examples of diversity in interpretations and approaches across the Indian and Australian judicial systems, Shaun Star argued that despite the shared values of democratic constitutionality and respect for rule of law between the two countries, there still remains a lot for both countries to learn from each other.

Mr Ian Biggs

Dr. Yogesh Joshi

Mr Michael Feller

Mr Suneet Mehta

Lalitha Kumarmangalam

The last speaker Lalitha Kumaramangalam shared her experience of working with women and marginalised communities across the board observing that constitutional democracies would matter even more in the post-COVID-19 world order as the pandemic has made the global mass political participation a reality. She shared the arguments made by Shaun Star regarding the flexibility of India’s constitution which has in 72 years passed 105 amendments. Taking into account the example of Dakshayani Velayudhan, a female legislator who voiced the concerns of the oppressed classes (the Dalit community), Lalitha Kumaramangalam argued that the Constituent Assembly which drafted the Constitution brought some unique individuality to it, making it a dynamic document. She emphasised that women’s rights have come a long way, but much work is still needed for further empowerment and gender equality. Highlighting the diverse coexistences of religion, gender and classes in India, she argued that despite the “negative publicity,” Indian women particularly and marginalised communities in the country in general have experienced remarkable changes towards equality and empowerment - which is why the “New India” is a model for constitutional democracies, globally.

Prof Shaun Star, Dr Ashutosh Misra and Mrs Archana Singh

The webinar concluded with a vote of thanks from Ashutosh Misra.