What's New

A living document.

The suggestion to junk the Constitution is premature. A reexamination of its various facets, from time to time, is necessary

Relevance

• GS Paper 2.
• Constitution of India —historical underpinnings, evolution, features, amendments, significant provisions, and basic structure.
• Separation of powers between various organs dispute redressal mechanisms and institutions.
• Tags: #living document #constitution #india #newparliament  #currentaffairs #upsc.

Why in the News?

President said Constitution a living document, capable of incorporating changing aspirations of people.

Introduction

• Moving to a New Parliament Building: As India prepares to move into its new Parliament building, it is essential to reflect on the significance of the old one, where the Constitution was meticulously crafted.
• The Importance of the Indian Constitution: This article delves into the ongoing debate regarding the future of the Indian Constitution, emphasizing the need for periodic examination rather than outright rejection.

The Legacy of the Indian Constitution

• Toil of the Constituent Assembly: The Constitution’s creation involved the dedicated efforts of the Constituent Assembly, which toiled for over two years and 293 days.
• Key Contributors to Constitution-Making: Notable figures such as B.R. Ambedkar, Alladi Krishnaswami Ayyar, and others played crucial roles in shaping the Constitution.

Revisiting the Constitution

• The Ongoing Debate: Contemporary questions about the Constitution’s relevance, including changing the country’s name to Bharat and the significance of terms like “socialist” in the Preamble, are being raised.
• The Constitution’s Efficiency Over Seven Decades: Despite these debates, the Indian Constitution, with its 448 articles and 12 schedules, has served the nation efficiently for seven decades.
• The Need for Periodic Examination: The article argues for the importance of periodically reexamining various aspects of the Constitution.

The “Basic Structure” Argument

• Lack of Clear Definition: The article highlights the lack of a clear definition for the “Basic Structure” of the Constitution, which remains a topic of discussion.
• Inviolable Elements: Preamble, Article 1, Fundamental Rights: It is suggested that elements like the Preamble, Article 1, and Fundamental Rights are considered inviolate parts of the Constitution.
• Ambedkar’s Caution Against Imposing on Future Generations: The author invokes Ambedkar’s caution against imposing one generation’s will on those that follow.

India as “Union of States”

• Ambedkar’s Perspective: Ambedkar’s arguments against referring to India as a nation, emphasizing caste consciousness over national identity, are discussed.
• Federal Nature of the Constitution: The article clarifies that the “federal” nature of the Constitution pertains to the independence of the Legislature and Executive of the Union and the States, not two equal power centers.
• The Non-Usage of the Term “Federal”: The Indian Constitution notably avoids using the term “federal” altogether.

Imperfections in Constitutions Worldwide

• The Example of the U.S. Constitution: Imperfections in even renowned constitutions, such as the U.S. Constitution’s electoral college system, are examined.
• Length of Constitutions vs. Functionality: A comparison between the extensive Indian Constitution and the functional U.S. Constitution is made.
• Different Approaches in the UK and Israel: Countries like the UK and Israel operate without a written constitution, relying on rules and conventions.

The Essence of the Constitution

• A Statement of Intent: The Constitution is ultimately a statement of intent, with its effectiveness relying on those who uphold it.
• The Role of Constitutionalism: Constitutionalism, or adhering to the spirit of the Constitution, plays a critical role in its success.
• Justice Joseph Story’s Caution: The cautionary words of American Supreme Court Justice Joseph Story on the importance of virtuous and honest leadership in maintaining a republic are cited.

The Indian Constitution is regarded as a living document for several reasons

• Necessity of Amendments: The Indian Constitution requires periodic amendments to incorporate essential changes that reflect the evolving needs of the nation.
• Regular Updates: A living document is one that undergoes continuous updates and modifications to stay relevant, much like the Indian Constitution.
• Dynamic Evolution: Similar to a living organism’s growth and change, the Indian Constitution has evolved over time, adapting to the shifting societal and political landscape.
• Championing Rights: Throughout India’s history, marginalized groups and those denied their rights have turned to the Constitution for justice, exemplified by the struggle of the Tawa Matsya Sangh.
• Equality and Protests: The Indian Constitution upholds the principle of equality for all and grants citizens the right to peaceful protest as a means to assert their rights.

Conclusion

Despite ongoing debates and challenges, the Indian Constitution remains relevant and adaptable to changing times. The Critical Role of Citizens and Leadership and ultimately, the success of the Constitution depends on the commitment of citizens and responsible leadership.

Sources: Indian Express

Mains Question:

“How has the Indian Constitution evolved over time to address the changing needs of the nation, and what role does it play in championing the rights of marginalized groups? Discuss the significance of periodic examination and the ‘living document’ nature of the Constitution in ensuring its relevance in contemporary India.” 250words.