Shabnoor Rahman & Madhurjya Saikia
(adhurjyatu15@gmail.com)
The Constitution is the supreme fundamental law of the land, outlining the character, principles, and organizational framework of the state. It serves as an organic law that reflects the aspirations, values, and vision of its people. It is a vital document that establishes the framework for a country’s governance, defines the powers and limitations of the government, and outlines the rights and responsibilities of citizens. The Constitution of India, adopted on November 26, 1949, by the Constituent Assembly, reflects the will and aspirations of the common people. It embodies a shared vision, famously referred to as the “Tryst with Destiny,” symbolizing a commitment to shaping the nation’s future. As an instrument of empowerment, it upholds the doctrine of the rule of law, incorporates a dynamic framework, ensures a system of checks and balances, and guarantees constitutional rights aimed at uplifting the common people.
The Indian freedom struggle mobilized millions of people from diverse backgrounds, uniting them around the shared aim of attaining independence from British colonial rule. Through its vast network and mass campaigns, this collective effort fostered a heightened sense of national identity and unity among the citizenry. The very first version of the Constitution was drafted by Lord William Bentinck in 1835, though it was never enforced. Subsequently, a number of Acts passed by the British Parliament were used for governing India in the pre-Independence era: the Regulating Act of 1773, Pitt’s India Act (1784), the Charter Act (1813), the Charter Act (1833), the Charter Act (1853), the Government of India Act (1858), the Indian Councils Act (1861), the Indian Councils Act (1892), the Indian Councils Act (1909), the Government of India Act (1909), and the Government of India Act (1919). The evolution of the Indian Constitution includes significant contributions such as the Commonwealth of India Bill of 1925, introduced by Annie Besant, which called for autonomy and rights for the Indian populace. Another important milestone is the 1927 Swaraj Report, or Swaraj Constitution, developed by the Indian National Congress under the leadership of Motilal Nehru. Among these, the Government of India Act of 1935 had the greatest impact, serving as the structural foundation for the Constitution, which was drafted by the committee led by Dr. B.R. Ambedkar.
The document that was adopted on November 26, 1949, is often called “a living document”, owing to the fact that the Constitution has evolved over the years to encompass the needs of the Indian body politic. This evolution has been a result of constitutional amendments as well as judicial precedents. The First Constitutional Amendment Act, 1951, added the Ninth Schedule to the Constitution to protect the land reforms and other laws included in it from the scope of judicial review under Articles 14 and 19. The 42nd Constitutional Amendment Act, 1972, often referred to as the “Mini-Constitution,” broadly speaking, attempted to reduce the power of the judiciary and in turn increase the power of the Union Government. This was followed by the historic Kesavananda Bharati v. State of Kerala, 1973, wherein the hon’ble Supreme Court gave the Doctrine of Basic Structure. The 44th Constitutional Amendment Act, 1978 attempted, for the most part, to reverse the changes brought in by the 42nd Constitutional Amendment Act, 1972, and once again establish a balance between judicial supremacy and parliamentary sovereignty. Another major change was introduced in the form of the 73rd and 74th Constitutional Amendment Acts of 1992, which propelled India into a grassroots-democratic setup with the constitutionalization of the Panchayati Raj Institutions. On the judicial front, Maneka Gandhi v. Union of India (1978) expanded the meaning of the right to life enshrined in Article 21 to include “due process of law” where it previously only included “procedure established by law.” This protected citizens not just from arbitrary legislative action but also arbitrary state action. In Indira Sawhney v. Union of India, the Supreme Court upheld a reservation of 27% for backward classes, capped total reservations at 50%, and rejected reservations based on “economic backwardness.” In 2019, the 103rd Constitutional Amendment Act introduced reservations for economically weaker sections in the unreserved category, over and above the 50% cap previously set in the Indira Sawhney judgement. Another major turning point was the introduction of the 101st Constitutional Amendment Act, which established the Goods and Services Tax Council and ushered in an era of fiscal federalism. The Constitution in these 75 years has undergone many amendments that have reinforced the fundamental values of our unique democracy through affirmative action, decentralisation, fiscal federalism, inter alia.
The Constitution reflects the will of the people, as laws gain legitimacy from society. Key pillars of the democratic strength of the Indian Constitution include cultural identity, territorial sovereignty, the rule of law, and the reinforcement of political democracy through universal adult franchise. The Indian democratic structure is built on the trust in the wisdom of the common people, upheld by the Constitution through principles such as equality before the law, natural justice, and the prevention of arbitrariness via checks and balances. Additionally, it secures the rights of individuals through Part 3 of the Constitution, promotes representative parliamentary democracy, and fosters national integration. Article 51(A) mandates all citizens to promote harmony and the spirit of brotherhood while appreciating and preserving India’s rich and diverse cultural heritage. It emphasizes the importance of promoting national unity and integrity through the dissemination of democratic values. The written principles and evolutionary doctrines of the Constitution of India exemplify a living document. Both the cultural and political identity of India stem from a civilizational consciousness, as evidenced by the inclusive principles embedded within the Constitution. This framework promotes a balanced approach, highlighting unity within the diverse fabric of Indian society.