Sugandh Gandotra
“Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the spirit of Age.”
On 26th November 2023, India celebrated Constitution Day as a day to remember the adoption of our sacred Constitution and to understand its significance through the lenses of its makers. This year the highlight was the unveiling of the statue of Dr. B.R. Ambedkar, the architect of our Constitution dressed in a lawyer’s attire, at the Supreme Court premises in New Delhi. This echoed a feeling of fraternity imbibed in our Constitution showcasing the inclusivity of the marginalised communities. Constitution Day helps us reflect on the success of democracy over the years from being a young democracy to being a democracy that has become a guiding light for nations worldwide.
A Constitution is a set of laws governing a society that must be known to everyone who is part of a social setup irrespective of his job role. Each member of a civilised society not only needs to understand the Constitution but also internalise the Constitution as a symbol of his aspirations. The ethos and spirit of the Constitution have to be maintained for the society to exist harmoniously. The ideologies that create the basis of our Constitutional framework have been followed by our freedom fighters whose contributions can never be forgotten in building the vibrant and ambitious India that we see today.
The principles of natural justice, equity and good conscience are a tool for effective governance and evolution in the society. We are duty-bound to follow these principles that continue to integrate the society. We cannot blame the Constitution for the nuances in the society but there does exist legislative lethargy, executive inertia and judicial overreach in realising the goals of the Constitution. It is, therefore, a primary responsibility of the constitutional functionaries to abide by the essential principles and values of the Constitution.
This year, The President in her address on the Constitution Day spoke on matters related to gender and caste representation emphasising to start the All India Judicial Services to diversify the recruitment of judges thereby including the less represented social groups. She also said that India has been upholding justice and equality and empowering every citizen through its constant efforts to apply the constitutional philosophy in all its decisions.
Chief Justice of India Dr DY Chandrachud also in his address stated that the social life of an independent nation is symbolised in the celebration of Constitution Day. The Supreme Court has been acting as the people’s court for the past seven decades. Court verdicts are made available online and the tangible reality of virtual hearings, pioneered by the Supreme Court are some steps to reach the ends of justice. Artificial intelligence and machine learning E-Seva Kendra in all courts have been set up to ensure that no citizen is left behind in the judicial process. He said that we celebrate the fact that the Constitution exists and secondly that it works. Also the courts are constantly working to ensure that legal processes become easier and simplified so that citizens do not languish in jails unnecessarily.
Our Constitution makers paved the way for liberty, equality and fraternity. The people approach the courts intending to seek protection of their rights. The makers ensured that our judiciary operates independently upholding the rule of law. The Constitution entrenched certain fundamental rights for every citizen – empowering them with the right to equality, freedom of speech and expression, freedom of religion and the right to Constitutional remedies. The rights were made justiciable to ensure that they remain sacred and are not violated in the face of arbitrary power. Every Department should ensure that it contributes to the development of policies and practices that promote social justice and inclusivity. When the Constitution was being adopted , Rajendra Prasad stated that, “the Constitution just like a machine is a lifeless thing but it acquires life through men that control it. We have communal differences, caste differences, language differences, provincial differences etc.So, it requires men of strong character, men of vision, men who will not sacrifice the interests of the country at large for the sake of smaller groups and areas and who will rise over the prejudices which are born of these differences.”
In the past, despite many challenges, the Constitution has survived and continues to be a lodestar capable of meeting the goals if sincere efforts are made to bind the society. It is workable and can always adapt to the changes in changing times. Thus, the Principles of Constitutionalism, Constitutional morality and effective implementation of constitutional conventions will provide a protective umbrella for constitutional values forever.
(The author is Advocate with J&K High Court)
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