The recent surge in political veneration for India’s Constitution has ignited a critical discourse: Does this newfound admiration genuinely reflect adherence to constitutional principles and obligations?
Political Devotion or Democratic Charade?
The 18th Lok Sabha elections witnessed a pronounced display of allegiance to the Constitution by political leaders. However, skeptics posit that this ostentatious reverence may merely be a facade, concealing a deeper disregard for constitutional duties and the rights of citizens.
The Judiciary’s Vital Role: Guardians of Constitutionalism
The judicial oath, with its unequivocal emphasis on upholding the Constitution and laws, underscores the judiciary’s indispensable role as the custodian of constitutional values. Judicial interpretation, innovation, and even divergence from precedent, when grounded in sound reasoning, are not overreach but rather a fulfillment of the oath’s mandate.
Constitutional Renaissance: A Legacy of Kesavananda Bharati
The Kesavananda Bharati decision, celebrating its golden jubilee, stands as a testament to the judiciary’s commitment to protecting the Constitution’s Basic Structure and fundamental principles. It serves as a poignant reminder that constitutional powers, while supreme within their domains, are inherently limited and accountable.
Navigating the Constitutional Tightrope: Underreach vs. Overreach
Contrary to political rhetoric, the majority of constitutional amendments since Kesavananda Bharati have been upheld. The true peril lies not in judicial overreach but in constitutional underreach—a failure to fully realize and implement constitutional ideals.
The Spirit of the Constitution: A Living Document
As eloquently articulated by the Prime Minister, the Constitution is not a mere assortment of provisions but a living document imbued with spirit and purpose. Protecting this essence necessitates vigilance against any attempts, irrespective of political consensus, to erode the Constitution’s foundational principles.
Key Takeaways:
| Key Point | Description |
|---|---|
| Political reverence for the Constitution doesn’t guarantee adherence. | Skepticism surrounds the sincerity of political leaders’ newfound affection for the Constitution. |
| Indian voters utilize constitutionalism as a tool for safeguarding freedom. | This highlights a paradox where political power, though exercised in the people’s name, often marginalizes them. |
| Judicial oath mandates upholding constitutional values. | Judicial interpretation and innovation are crucial for safeguarding the Constitution’s spirit. |
| Kesavananda Bharati decision safeguards Basic Structure and principles. | This landmark ruling emphasizes the judiciary’s role in protecting the Constitution from overreach and underreach. |
| Preserving the Constitution’s essence requires vigilance. | The true challenge lies in combating constitutional underreach, not judicial overreach. |
Sunil Garnayak is an expert in Indian news with extensive knowledge of the nation’s political, social, and economic landscape and international relations. With years of experience in journalism, Sunil delivers in-depth analysis and accurate reporting that keeps readers informed about the latest developments in India. His commitment to factual accuracy and nuanced storytelling ensures that his articles provide valuable insights into the country’s most pressing issues.
