Dynamic Nature of the Indian Constitution

Why in the News?
Recently, Chief Justice of India (CJI) D.Y. Chandrachud underscored the ever-evolving nature of the Indian Constitution, asserting that no single generation has exclusive rights to interpret it.

• The CJI highlighted how the Constitution remains relevant by adapting to changes in social, legal, and economic contexts, contrasting it with the U.S. doctrine of originalism.

Why Must Constitutional Doctrine Evolve with Society?

Constitution as a Living Document: The CJI emphasized that the Constitution should be seen as a “living” entity, evolving to reflect shifting societal norms.

• This adaptability enables courts to address new challenges that emerge over time, ensuring the Constitution stays relevant.

Different Social Contexts: The CJI noted that each generation reads the Constitution through the lens of its unique social, legal, and economic realities.

• As society changes, fresh interpretations of the Constitution become necessary to address contemporary issues, such as the decriminalization of adultery.

Contrast with Originalism: CJI Chandrachud referenced the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organisation as an example of originalism, where abortion rights were denied because they were not explicitly mentioned in the Constitution.

• He contrasted this with India’s approach, which allows for more flexible and evolving interpretations of rights.

Inflexibility: The CJI argued that strict adherence to the framers’ original intent renders the Constitution rigid.

• He stressed that the Constitution was meant to provide broad principles that should evolve with time rather than fixed, iron-clad rules. Relying too much on rigid interpretations can limit future generations’ ability to tackle new challenges.

 What Role Does Constitutional Flexibility Play in Governance?

1. Support for Progressive Reform: The Constitution’s flexibility allows for reforms to meet current societal needs, such as adapting laws for technological advancements or evolving human rights like data protection.
2. Fostering Innovation in Law: A dynamic Constitution opens avenues for innovative legal interpretations, particularly in addressing emerging issues like privacy in the digital era.
3. Safeguarding Citizens’ Rights: A flexible interpretation helps protect citizens’ rights from being restricted by conservative readings that could curtail freedoms.
4. Adaptability: Flexibility ensures institutions remain relevant in a fast-changing world, especially in a growing knowledge economy.
5. Incorporating New Realities: A living Constitution enables courts to integrate new social, economic, and legal realities into their rulings, ensuring that rights evolve alongside societal progress.

What is the Nature of the Indian Constitution?

• Hybrid Structure: The Indian Constitution is both rigid and flexible, allowing it to adapt while maintaining stability in its core principles.
  • Protecting Fundamental Values: Rigidity ensures that fundamental rights and the basic structure of the Constitution are protected from arbitrary changes.
  • Preserving Federalism: While the federal structure is rigid, necessary amendments can be made to address new realities, such as adjustments to the concurrent list.
  • Balancing Welfare: The combination of rigid fundamental rights and flexible Directive Principles of State Policy (DPSP) ensures a balance between individual liberty and collective welfare.
  • Ensuring Stability: Rigidity promotes stability by requiring a broad consensus for major changes, preventing hasty amendments.
  • Fostering Democracy: Flexibility allows legislative processes to remain democratic, enabling elected representatives to address public needs while staying within constitutional boundaries.

Amendment Procedures

Article 368 outlines two primary methods for amending the Constitution:

Special Majority of Parliament: Amending critical provisions, such as fundamental rights, requires a special majority in Parliament—two-thirds of the members present and voting, along with a majority of the total membership in each House.

State Ratification: Certain amendments, like changes to the election of the President, also require ratification by at least half of the states, highlighting India’s federal structure.

Simple Majority Amendments: Provisions like the creation of new states can be amended by a simple majority in Parliament, outside the scope of Article 368, allowing certain constitutional aspects to be changed more easily.

Key Cases Related to the Flexibility of the Indian Constitution:

• Golak Nath vs. State of Punjab (1967): The Supreme Court ruled that Parliament cannot curtail citizens’ fundamental rights and that all constitutional amendments are subject to judicial review.
• Kesavananda Bharati v. State of Kerala (1973): The Court ruled that while Parliament has the power to amend the Constitution, it cannot alter its basic structure.
  • This case demonstrates the flexibility of the Constitution, allowing for amendments while ensuring fundamental principles such as democracy and secularism are preserved.

What are the Differences Between Flexible and Rigid Constitutions?

Conclusion
Striking the right balance between rigidity and flexibility in the Constitution is vital for creating a dynamic legal system that stays relevant and adaptable to modern challenges. Embracing this flexibility is key to upholding justice, equality, and democratic governance in a continuously evolving society.

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