AT

Alfred ThomasAIR 33· 2024

Question Q.8GS2GS2

The Indian Constitution is not a mere lawyer's document. It is a vehicle of life, and its spirit is always the spirit of the age. How has the constitution of India adapted to changing socio-economic and political circumstances over the decades?

Open scan (p.20)

Main Body

(b) Promotes Unity & Integrity of the nation

1Caste, creed, language & religious differences reduce leading to peaceful coexistence
2Fraternity promote mutual love & respect => peaceful coexistence of nation
3Feeling of oneness and commonness leads to higher self esteem => higher dignity

How various constitutional provisions promote fraternity among all citizens:

1Art 5 = 11: Common citizenship for all => no differences based on region, ethnicity etc
2Art 14-15: Right to equality + prevent discrimination
3Art 17: Abolish untouchability so that traditional differences don't linger + dignity of individual preserved
4Art 25-28: Right to religion so that everyone feels valued despite differences

Our Constitution makers, by incorporating Art 368, sought to make the Constitution flexible enough so that it could adapt to changing times.

Why such flexibility was incorporated:

Because Constitution is not a mere lawyer's document => no list collection of laws

=> Instead, it's a vehicle of life [i.e., impacts and transforms economic, social and political lives of citizens]

=> it's spirit is always the spirit of the age => reflects the changing times through constitutional morality

(a) Privacy as a concept not popular at the time of framing constitution but now a Fundamental Right [Puttswammy Judgement]

How the constitution adapted to changing socio-economic and political circumstances:

Modes of adaptation:

=> Amendments under Art 368

=> Judicial Review by judiciary clarifying & modifying provisions

(A) Changing socio-economic circumstances & subsequent adaptations:

=> To address irregularities, many panel reforms conducted

o 1st Constitutional Amendment enacted to restrict right to property from schedule added

o 4th Schedule added to protect laws pertaining to land reforms from judicial review

=> Right to Education (Art 21A) added via 86th Amendment Act to promote education

=> 101st Amendment => GST implemented to address taxation related issues

(B) Changing Political circumstances:

=> Basic Structure Doctrine propounded in Kesavananda Bharati case to reduce possibility of totalitarianism

=> 73rd & 74th Amendment to institutions to loosen local self government

=> 106th Amendment to reserve seats for women in legislatures => because of growing importance of women

The constitution both grants Right to Freedom as a Fundamental Right (Art 19), as well as placing reasonable restrictions on them.

To what extent does this achieve a balance between individual liberty and societal interests:

Every citizen has freedom of speech & expression, but reasonably restricted expression as per contempt of court, maintain for defamation, contempt of court maintain pub order etc

2Every citizen has freedom to move across the country, reside anywhere etc, but it is reasonably restricted on grounds of national security, rights of tribals etc

=> Thus these is reasonable balance struck individual liberty & societal interests.

However the specificity of what is reasonable & what is not is often decided on a case by case basis by judiciary [under Art 13] through judicial review

Factors considered in evaluating reasonableness of such restrictions:

(a) "Doctrine of Proportionality" given by supreme court in Navtej Johar case - delivers these factors: "Immaturity"

1Does the executive's or legislature's action be beyond their powers?

[E.9) In Minerva Mills case, SC declared amendment (42nd), certain provisions which restricted individual rights as violating Basic Structure => declared Art 26C over all FRs]

2Is there legitimate state interest involved? [circled]
3Is the restriction arbitrary?

[E.g) In Shreya Singhal case, SC deemed section of IT Act was too vague and arbitrary

4Is the restriction disproportionally unjust compared to the need?

[E.g) In Annadatha Paripalak case, SC declared the internal emergency to be too severe.

Thus, the judiciary maintains the dynamic balance between individual rights & societal interest.

605 words39 paragraphs

Conclusion

As Justice Chandrachud said, "Our constitution is a transformative constitution."

10 words

This is a continuation from previous page
  • Systematic enumeration of constitutional articles
  • Clear linkage between articles and fraternity promotion
  • Well-organized bullet-point format
  • Strong opening with constitutional framework (Art 368)
  • Well-organized into socio-economic and political categories
  • Specific amendments cited with context
  • Includes judicial review mechanism
  • Concludes with relevant judicial quote
  • Clear categorization of constitutional changes
  • Specific amendments with implementation details
  • Links amendments to societal needs
  • Clear articulation of the balance between rights and restrictions
  • Specific examples of restrictions on freedoms
  • References key judicial doctrine of proportionality
  • Cites landmark cases
  • Provides specific case law examples
  • Clearly lists factors in proportionality test
  • Shows how judiciary applies these factors

Topper

Alfred Thomas

AIR 332024

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Preamble

Fraternity as a Constitutional Ideal

Writing Stats

615

Total words

39

Paragraphs

analytical and structured

Tone