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?
Main Body
(b) Promotes Unity & Integrity of the nation
How various constitutional provisions promote fraternity among all citizens:
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
=> 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"
[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]
[E.g) In Shreya Singhal case, SC deemed section of IT Act was too vague and arbitrary
[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.
Conclusion
As Justice Chandrachud said, "Our constitution is a transformative constitution."
10 words
- 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
Alfred Thomas
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Preamble
Fraternity as a Constitutional Ideal
615
Total words
39
Paragraphs
analytical and structured
Tone