Constitution and its living legacy

The adoption of the Constitution by the Constituent Assembly on November 26, 1949 marked the resolve of a newly independent India to become a sovereign, democratic republic which secures to all its citizens justice, liberty and equality and promotes fraternity among all. Celebration of the day as Constitution Day is intended as an occasion for the nation to review its working and to rededicate itself to its values and ideals. It borrowed from many Constitutions and internalised the best ideas and ideals from the world. But it is firmly rooted in the country’s past, its traditions and values, and has an aspirational vision for the future. Its provisions can be traced not only to the Government of India Act of 1935 but also Tilak’s Swaraj Bill of 1895, the 1918 Declaration of Rights by the Indian National Congress and Resolution of Fundamental Rights and Economic Changes at the Karachi Session of the Congress in 1931. The fundamental rights of citizens, which form the heart of the Constitution, and the Directive Principles, which guide them, have their origin in these.

The architect of the Constitution, B R Ambedkar, made it clear that the Constitution was not just a document passed by a distant Assembly but was a charter that derived its legitimacy from the people whom it represented. It is at once a political, social and legal charter from which all the rights of the citizens derive and which creates a democratic and republican structure of governance for the country. It laid down the essential features of the constitutional society by envisioning the organs of state, prescribing separation of powers between them, delineating the electoral democratic process and ensuring that the polity remains federal, holding together a diverse society. The Supreme Court has seen a basic structure running through all the features of the Constitution which will remain intact through amendments and interpretations.

The Constitution has proved to be flexible and dynamic, with over 100 amendments made to it in 75 years. The changing needs and ideas of a society on the move have found expression in these amendments. It has faced threats such as the Emergency, when its most important sections were suspended, and internal challenges that have sought to endanger its spirit. A Constitution is a covenant between the citizen and the state. The state has the tendency to overreach and change the terms of the covenant in its favour. Governments would want the Constitution to serve their politics by interpreting it to suit their interests and ideologies. Essentially, the Constitution is an expression of the citizen’s freedom and an instrument to protect the freedom. Protection of that freedom calls for utmost vigilance. Every Constitution Day should be a reminder of that.