Constitutionalism of the Indian Constitution | Law Optional Notes for UPSC PDF Download

Introduction

• The Indian Constitution serves as the foundational framework of the country, embodying the core principles of democracy.
• It stands as the supreme law underpinning the governance structure of India, encompassing the rights, powers, and procedures for both the state and its citizens.
• Dr. B. R. Ambedkar played a pivotal role as the chief architect of the Constitution, which ranks as the longest and the second largest active constitution globally.
• Following independence in 1947, the Constituent Assembly diligently drafted and debated the Constitution, culminating in its enforcement on 26th January 1950.
• The concept of constitutionalism reflects a political philosophy within the Indian constitution, outlining the responsibilities of the government and citizens to uphold democratic governance.
• Noteworthy is the transformative nature of the Indian constitutional framework, transitioning from a predominantly parliamentary system to a system of separated powers, fostering a robust legal executive-driven political structure.
• Several contemporary societal concepts and challenges find their origins in the Indian Constitution and the principle of constitutionalism, shaping significant achievements and hurdles within the nation.

Constitution and Constitutional Morality

• Author's Interpretation: The concept of Constitutional Morality, as discussed by Vikram Aditya Narayan in the article "Matters of Morality," emphasizes that moral outrage should not override individuals' fundamental rights of dignity and privacy, as safeguarded by specific articles in the Indian constitution.
• Relationship between Law and Morality: The author underscores the interconnectedness of law and morality, highlighting their mutual influence on each other.
• Dr. Ambedkar vs. Naz Foundation Case: Contrasting Dr. Ambedkar's perspective on Constitutional Morality with the interpretation in the Naz Foundation case, it's revealed that the former focuses on adhering to the constitutional forms, while the latter emphasizes the underlying principles of the constitution's content.
• Constitution as a Social Document: Granville Austin's assertion that the Indian constitution is primarily a social document underscores the significance of broad concepts like equality, non-discrimination, morals, and liberty, which are subject to varied interpretations.
  • Judicial Role: Judges are tasked with interpreting the constitution morally, particularly in cases involving moral considerations, thereby upholding the principles of Constitutional Morality.
  • Contemporary Relevance: In the modern context of human rights advocacy, Constitutional Morality serves as a guiding framework for shaping public policy decisions in alignment with normative standards.

Constitutional Amendments as A Fundamental Need

• The constitution of a nation needs to adapt to changing times and circumstances.
• Judicial Interpretation and Article 368 serve as mechanisms for amending the constitution.
• The Indian Constitution has been amended 103 times to accommodate the evolving needs of the country.
• S. K. Chakraborty emphasizes the significance of amendments in defining the powers of state organs.
• The constitution is a dynamic document that reflects the will of the people and changes with societal needs.
• Examples like the 103rd Amendment and the reservation for Economically Weaker Sections showcase the adaptability of the constitution.
• The Supreme Court's observation on social backwardness linked to poverty influenced policies like the 10% reservation for E.W.S.
• Legislative changes such as the scrapping of Article 370 for Jammu and Kashmir highlight the responsiveness of the government to current demands.

Conclusion

• In conclusion, the concepts of constitutional morality and constitutional amendments align with the principles of Indian constitutionalism, which inherently reflect democratic governance. Each provision holds significance, and even if a specific provision is not expressly stated in the constitution, its essence can be discerned from related clauses, thereby upholding the spirit of constitutionalism.
• Constitutionalism embodies a dedication to curbing arbitrary political authority, engaging in a political process that intersects with democracy to maintain a balance between state power and individual and collective rights. It is shaped by distinct cultural and historical contexts and is embedded within the public consciousness. This holistic approach underscores the enduring relevance and vitality of constitutionalism in Indian governance.