Mains Daily Question
Sept. 1, 2023
Q1. “The Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the spirit of Age.” In this context, highlight the salient features of the Indian Constitution which reflect the spirit of the age. (10 Marks)
Approach:
Introduction: Mention why the Indian constitution is referred to as the “lawyer’s document”.
Body: Highlight those features of the Indian constitution which reflect that it is a living document.
Conclusion: Mention that the Indian constitution has a principle of accommodation.
Answer:
The Indian constitution is at times referred to as the “lawyer’s paradise”, as there was the dominance of legal luminaries in the constituent assembly. Consequentially the language of the constitution is quite complicated and thus we need the judiciary to interpret the Indian constitution, time and again.
For instance, the judiciary interpreted Article 368 differently in these cases i.e. “Golaknath” case (1967) & “Kesavananda Bharati” case (1973) and ultimately judiciary evolved the ‘Doctrine of Basic Structure” to strike a balance between “Parliament’s constituent” powers & “Judicial Review” powers of the judiciary.
Features of the Constitution that reflect the spirit of the age:
The Indian Constitution encompasses not only the political discourse of the time like Sovereignty, Secularism, democracy, etc. but also encompasses the liberated social consciousness like Liberty, equality, fraternity etc. Along with this, it also has the following features which make it a “living document” -
- Fundamental Rights: These rights are fundamental for the holistic development of an individual. The Supreme Court by exercising its judicial review power through Article 32 has expanded the scope of Article 21 in the Maneka Gandhi case (1978) and interpreted that the right to life under Article 21 implies the right to live with dignity, then in the K.S.Puttaswamy case (2018) judiciary incorporated “right to privacy” under article 21 etc.
- Directive Principles of State Policy: These principles are fundamental in the governance of the country. These provisions are non-justiciable and it has been left to the State to implement these as per the capacity of the state and as per the demand of society. Example Uniform Civil Code (Article 44).
- Amendability of the Constitution: The Indian Constitution is the synthesis of both rigidity and flexibility, as certain features of the Constitution can be changed by a simple majority. Thus the rigid nature of the Constitution does not limit the scope for amendments and this in turn enables our Parliamentarians to bring requisite changes in the Constitution in accordance with the changing aspirations of our society.
- Judicial Review: Supreme Court is the guarantor as well as the final interpreter of the Indian constitution. This power enabled her to interpret the constitution per the changing realities and aspirations of Indian society. For example, In “Indra Sawhney” Case (1992) the SC placed a 50% limit over reservations but in the recent EWS case (2023) the judiciary uphold the 103rd constitutional amendment, thus with the changing time incorporating additional features to the Indian constitution.
- Local self-government: It was incorporated through the 73rd and 74th Constitutional Amendment Act,1992. This enabled our transition from representative democracy to participatory democracy. Also in PRIs (Panchayati Raj Institutions), women are given one-third reservation which will go a long way in realizing the political rights of women.
These aspects highlight the fact that our Constitution embodies a principle of accommodation which has enabled it to change with the changing times and changing aspirations of Indian society and remain relevant as the supreme or fundamental law of the land.