In News:Constitution has thrived over the years as a living document, says CJI
2.Discuss how the Indian Constitution has evolved as a ‘living document’ over the years, adapting to the changing needs of society.
The Indian Constitution has been hailed as one of the most comprehensive and progressive constitutions in the world. It is often referred to as a “living document” due to its ability to evolve and adjust to the changing needs and aspirations of Indian society.
Key factors contributing to the Constitution’s evolution
Flexibility and amendability:
The Constitution provides for a mechanism to amend its provisions through a parliamentary process.(Art 368)
This flexibility has allowed for the incorporation of new ideas, policies, and rights as society has progressed.
The 73rd and 74th Amendments introduced constitutional provisions for Panchayati Raj and urban local bodies, respectively.
Judicial interpretation:
The judiciary plays a crucial role in interpreting the Constitution.
Through its rulings, the Supreme Court has expanded the scope of constitutional rights, adapted them to contemporary challenges, and ensured their effective enforcement.
Example:Basic Structure Doctrine in the Kesavananda Bharati case; Scope of Article 21 has been expanded over time
Societal changes and aspirations:
The Constitution has evolved in response to the changing needs and aspirations of Indian society.
For example, amendments have been made to address issues such as affirmative action, environmental protection, and the rights of marginalised communities.
The decriminalisation of homosexuality through the Navtej Singh Johar judgement in 2018 was a result of evolving social attitudes.
However it also possesses elements of rigidity that ensure stability and protect its core principles.
The Supreme Court’s doctrine of the “basic structure” limits the extent to which the Constitution can be amended.Example: Certain core principles, such as federalism, secularism, and the rule of law, cannot be altered.
While the Constitution can be amended, the process is complex and requires a two-thirds majority in both Houses of Parliament and ratification by half of the states
By remaining a living document, it has continued to serve as a guiding force for Indian democracy and has ensured the protection of the rights and freedoms of its citizens.At the same time the Constitution’s rigidity paved the way for maintaining stability and continuity in governance.
PYQ
The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society. Illustrate with special reference to the expanding horizons of the right to life and personal liberty. 2023
“Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power.” In the light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power?2019