India’s Evolving Constitutional Doctrine: Celebrating the 76th Republic Day

Madhurjya Saikia

(madhurjyatu15@gmail.com)

The Constitution serves as a written framework of laws and essential principles that establish the relationship between the citizens and the government. In India, the Constitution is regarded as the Supreme Law, binding all citizens and institutions to respect it. Its primary functions include providing fundamental rules for societal coordination, defining decision-making powers within the government, and imposing limits on governmental authority to safeguard citizens’ rights. Key rights such as freedom of speech, conscience, and association are protected, although they may be restricted during national emergencies. Importantly, the Constitution not only delineates protective measures but also empowers the government to pursue societal aspirations, ensuring justice and equality. It allows for positive interventions to address social inequalities, with enforceable rights like Fundamental Rights and aspirational yet non-enforceable guidelines known as Directive Principles of State Policy. As we celebrate the 76th Republic Day, we reflect on how India’s evolving constitutional doctrine continues to uphold democratic values and the rights of its citizens while striving for a just society.

The Constitution of India was adopted on November 26, 1949, and officially came into effect on January 26, 1950. The Constituent Assembly, established in 1946, played a pivotal role in the formulation of the Indian Constitution, ensuring that it adequately represented the nation’s diverse cultural, social, and political landscape. Under the leadership of esteemed figures such as Jawaharlal Nehru, Dr. B.R. Ambedkar, and Sardar Vallabhbhai Patel, the Assembly engaged in extensive deliberations on key issues, including federalism, fundamental rights, and governance, which significantly influenced the foundational principles of the document. This historic endeavour led to the establishment of a parliamentary democracy grounded in the principles of justice, liberty, and equality, thereby laying a robust foundation for the governance and development of the country.

The fundamental values of the Indian Constitution hinge on the principle of democratic transfer of power through free, fair, and regular elections, which endorses trust in the wisdom of the common man. Core constitutional values are upheld through democratic collectivism, a representative federal balance, and an executive accountable to the legislature. The Constitution establishes a clear separation of functions among different branches of government to ensure smooth functioning. The rule of law and the supremacy of law are essential, signifying the absence of arbitrariness and affirming equality before the law. Part III of the Indian Constitution serves as a cornerstone, protecting individual liberties and rights while limiting state encroachment. Judicial precedents, supported by Articles 13 and 32, empower higher courts to enforce legal and constitutional limitations on government actions. The landmark Kesavananda Bharati judgement established the basic structure doctrine, recognizing core aspects of the Constitution that cannot be amended. This interplay of legal precedents and the amendability of the Constitution under Article 368 underscores its dynamic and evolving nature. Article 368 of the Constitution allows Parliament to amend it according to the changing needs of society, making it a “living document.” This article grants Parliament the authority to modify the Constitution, reflecting its dual nature—being both flexible and rigid. A flexible constitution permits changes to be made easily, while a rigid constitution is more resistant to amendments. The Indian Constitution uniquely combines these two characteristics, allowing for necessary adaptations while maintaining certain critical provisions that are more challenging to alter. This balance ensures that the Constitution can evolve with time while providing stability and continuity in governance.

The Indian Constitution has undergone several significant amendments that have shaped its framework and governance. The 1st Amendment (1951) empowered the state to create special provisions for the advancement of socially and economically backward classes and introduced the Ninth Schedule to protect land reform laws. It also imposed reasonable restrictions on freedom of speech for public order and foreign relations. The 7th Amendment (1956) reorganized states into 14 states and 6 union territories and extended the jurisdiction of high courts to cover these areas. The 42nd Amendment (1976), known as the “Mini Constitution,” added terms like “socialist” and “secular” to the Preamble and introduced Fundamental Duties. It also mandated the President to act based on the cabinet’s advice and made certain constitutional amendments immune to judicial review. The 44th Amendment (1978) restored the original tenure of the Lok Sabha and legislatures to five years and reinstated quorum provisions while empowering the President to return cabinet advice for reconsideration. It removed the Right to Property from Fundamental Rights, reinstating it as a legal right. The 52nd Amendment (1985) introduced disqualifications for defection in Parliament and state legislatures. The 61st Amendment (1988) lowered the voting age from 21 to 18. The 73rd and 74th Amendments (1992) constitutionalized Panchayati Raj institutions and urban local governance, adding new parts and schedules to the Constitution for local self-governance mechanisms. The 86th Amendment (2002) made elementary education a fundamental right under Article 21A. The 101st Amendment (2016) allowed both the central and state governments to levy the Goods and Services Tax (GST), unifying tax powers. Lastly, the 103rd Amendment (2019) provided a 10% reservation for Economically Weaker Sections (EWS) in public employment, marking a significant step towards social equity. These amendments collectively highlight the evolving nature of governance in India, addressing social justice, education, and economic reforms.

The Indian Constitution has been the backbone of the nation, shaping India’s destiny through its democratic principles, fundamental rights, and directive ideals. It has provided a framework for justice, equality, liberty, unity in diversity and a parliamentary form of governance. As India celebrates its 76th Republic Day, we reflect on how the evolving constitutional doctrine has adapted to contemporary challenges while upholding the values enshrined in its text. This adaptability ensures that the Constitution remains relevant, guiding the nation towards progress and inclusivity. By honouring our constitutional heritage, we enable every citizen to play a role in shaping a brighter future for India.