Table of Contents
THE CONTEXT: The recent parliamentary session, marked by the chant “Jai Samvidhan” and the oath-taking for the 18th Lok Sabha, underscores a renewed reverence for the Constitution of India. This newfound constitutional affinity, evident among political leaders, reflects a deeper democratic engagement and the evolving relationship between elected officials and the electorate. However, the test is whether this reverence translates into genuine adherence to constitutional duties and principles.
THE ISSUES:
- Newfound Affinity for the Constitution by Political Leaders: There is a recent trend of political leaders and parties showing a renewed reverence for the Constitution of India. This was evident during the oath-taking ceremony for the 18th Lok Sabha, where many members added “Jai Samvidhan” to their oaths. This raises questions about whether this newfound respect is genuine or a strategy for political legitimacy.
- Oath of Allegiance and Its Implications: Article 99 of the Constitution requires members of Parliament to swear allegiance to the Constitution. The phrase “bear true faith and allegiance to the Constitution of India as established by law” is puzzling because the Constitution itself determines the validity of laws. This raises questions about the relationship between the Constitution and the laws passed by Parliament and the role of constitutional amendments and judicial review in this context.
- Cynicism vs. Realism in Political Affection for the Constitution: The cynic’s view that the newfound reverence for the Constitution is merely a tool for political performance rather than a genuine commitment to constitutional duties, Directive Principles of State Policy, or fundamental rights. This skepticism contrasts with the realist perspective that sees this trend to heighten democratic legitimacy.
- Role of the Judiciary and Judicial Oath: The judicial oath, as prescribed in the Third Schedule, emphasizes performing duties “without fear or favor, affection or ill-will” and upholding the Constitution and the laws. This raises the issue of whether judges engage in “judicial overreach” or fulfill their constitutional duties by acting considering their oath. The judiciary’s role is to innovate and renovate judicial practices to uphold the rule of law and good governance.
- Kesavananda Bharati Decision and Basic Structure Doctrine: The Kesavananda Bharati case established the Basic Structure doctrine, which holds that certain fundamental features of the Constitution cannot be amended by Parliament. This decision underscores the supremacy of constitutional powers within their domains and the accountability and limitations of all powers, including judicial review. Contrary to political propaganda, most constitutional amendments since this decision have been upheld.
- Constitutional Underreach vs. Judicial Overreach: The real problem is not judicial overreach but constitutional underreach. It calls for a more profound commitment to the Constitution’s Basic Structure and foundational principles, stressing that these should never be compromised, regardless of future amendments. The question is whether constitutional elites will uphold these principles, echoing the sentiments of the Kesavananda Bharati decision and the need for a constitutional renaissance.
THE WAY FORWARD:
- Strengthening Constitutional Literacy and Awareness: Introduce comprehensive educational programs on constitutional literacy at all schooling and higher education levels. Launch nationwide campaigns to promote awareness about the Constitution. The Kesavananda Bharati case underscored the importance of the Constitution’s basic structure, which should be widely understood and respected.
- Institutional Reforms for Judicial Independence: Provide continuous training and development programs for judges to keep them updated on constitutional jurisprudence and ethical standards. The National Commission to Review the Working of the Constitution recommended measures to ensure judicial independence and accountability. As reiterated in various cases, the Basic Structure Doctrine highlights the necessity of an independent judiciary as a cornerstone of democracy.
- Revisiting the Directive Principles and Fundamental Duties: Part IV (DPSPs) and Part IV-A (Fundamental Duties) of the Constitution aim to establish a welfare state and promote responsible citizenship. Enact laws to make certain Directive Principles of State Policy (DPSPs) more enforceable, ensuring social and economic justice.
- Ensuring Adherence to Constitutional Morality: B.R. Ambedkar emphasized the need for constitutional morality to safeguard against the tyranny of the majority. Establish ethics committees within legislative bodies to monitor and ensure lawmakers’ actions adhere to constitutional morality. Strengthen judicial review mechanisms to ensure that all legislative and executive actions comply with the principles of constitutional morality.
- Promoting Constitutionalism and Rule of Law: Introduce amendments to reinforce the principles of constitutionalism and the rule of law, ensuring that all branches of government operate within their constitutional limits. Implement robust mechanisms for holding public officials accountable for actions that violate constitutional principles.
THE CONCLUSION:
As India celebrates the Golden Jubilee of the Kesavananda Bharati decision, the enduring challenge remains to ensure that constitutional principles are upheld amidst political and judicial actions. While the Constitution’s foundational values continue to guide the nation, the commitment of constitutional elites to these ideals will determine the future of India’s democratic and judicial integrity.
UPSC PAST YEAR QUESTIONS:
Q.1 The Constitution of India is a living instrument with enormous dynamism capabilities. It is a constitution made for a progressive society. Illustrate with particular reference to the expanding horizons of the right to life and personal liberty. 2023
Q.2 ‘Constitutional Morality’ is rooted in the Constitution and founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. 2021
MAINS PRACTICE QUESTION:
Q.1 The recent political developments in India have shown an increased emphasis on the Constitution, with leaders from various political parties expressing their reverence for it. Discuss the implications of this newfound constitutionalism on the democratic process and governance in India.
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