FOUNDATION OF OUR LEGAL SYSTEM
Author- Vanya Agrawal, B.A.LLB(Hons), C.M.P. Degree College, University of Allahabad, Prayagraj
Abstract
The Constitution of India,
adopted in 1950, is the base of the nation's democratic governance and legal
system. This article explores its impact in developing India's political
structure, protecting individual rights, and ensuring the rule of law[1]. It begins
with an overview of what a constitution is? and why did India need one? After
studying various international models, India crafted an acceptable framework.
Key features like federalism, parliamentary democracy, and fundamental rights
are examined. Landmark Supreme Court judgments are discussed to illustrate how
judicial interpretation has kept the Constitution updated. This also analyses
constitutional amendments and modern-day challenges, offering a critical
reflection on its strengths requiring reform. In doing so, it shows how the
constitution is not just a historical text but a living document that is evolving
continuously.
Introduction
Imagine a country where
there are no written laws, no guaranteed rights, and no boundaries for power.
Courts are uncertain, leaders unchecked, and citizens unsure of their freedoms.
How would justice survive?
This wasn’t just a theoretical concern — it was the reality
India faced after gaining independence in 1947. The situation of partition, the
absence of a unified law, and diversity made governance a challenge. It needed
a guiding framework — one that would bind it together while ensuring justice,
liberty, and equality[2]
for all.
And that is when The Constitution of India came into picture,
adopted on January 26,
1950. It laid the
foundation for the Indian legal system, establishing the rule of law, defining
powers, and safeguardingfundamental
rights. Dr. B.R. Ambedkar emphasized that – “The Constitution is
not a mere lawyer’s document. It is a vehicle of Life, and its spirit is always
the spirit of Age.”[3]
This article explores how the Constitution acts as the backbone
of our legal system. If we look through a legal lens, then we will understand
that our Constitution is not merely a document but an inseparable soul of
Indian democracy.
What is a Constitution?
When
we look at its etymological meaning, we will see that the word “Constitution”
comes from the Latin word
“constitutio”, which means “to set up”,”to establish”, or “to arrange”.[5] In
simple language we can say that a Constitution is a fundamental legal document
that governs the functioning of the state and safeguards the rights of the
people.
The
Constitution can be broadly classified in two major ways based on their form
and adaptability–
1) Written vs Unwritten-
➔ Written Constitution- When the rules
and regulations are codified in a single document. Example- India, USA, etc.
➔ Unwritten Constitution- When the
rules and regulation are not codified in one document but based on customs,
judicial decisions, and statutes. Example- United Kingdom, etc.
2) Rigid vs Flexible-
➔ Rigid- Difficult to amend (It
requires a special procedure for amendments)
➔ Flexible- Easy to amend (It can be
amended like ordinary laws by the legislature)
The Indian Constitution combines the
simplicity of a written document with the dynamism of a living system, while
maintaining a balance — being the lengthiest and semi-rigid constitution.
Why Does India Need A Constitution?
After gaining independence
in 1947, India faced a challenge of uniting a vast and diverse population with
multiple languages, religions, cultures, and traditions. The Partition had left
thenation politically unstable, socially fragmented, and economically weaker.
Insuch a scenario,there was an urgent need for a strong and unified framework
to maintain stability in the country.
A Constitution was
essential to provide a clear structure of governance by defining the
powers and
responsibilities of the government at different levels. It was needed to
safeguard the fundamental rights of every citizen, ensuring equality, liberty,
and justice. Without this the country may face chaos, misuse of power, and
violation of individual freedoms.
India is a diverse country which led to the establishment of a
federal system[6]
of a government to balance power between the central government and states,
protecting minority rights and promoting social justice. The Constitution laid
down the principles for democratic governance and the rule of law, which helped
in nation-building and securing peace and stability.
International Perspective: Constitutional Models That
Inspired India
The Indian Constitution is
a fusion of ideas taken from various countries, tailored to fit India’s unique
social, cultural, and political landscape. Though original in spirit, it
incorporates key features from other constitutions to form a strong and
flexible framework. Some of the countries that inspired it include–
➔
Britain– Idea of the
parliamentary system of government, the rule of law, an independent judiciary,
and the concept of cabinet responsibility to the legislature.
➔
The United States– Inspired with the
idea of a Written Constitution, inclusion of fundamental rights, concept of
judicial review and empowerment of the Supreme Court to invalidate laws
violating the Constitution.
➔
Canada– Idea of federal system,
although in India there is strong central authority.
➔
Ireland– Contributed the idea
of Directive Principles of State Policy.
➔
Australia– Borrowed the idea of
concurrent powers.
By blending these diverse models, the Indian Constitution
achieved a unique balance,
fostering democracy,
protecting rights, and accommodating India’s vast diversity and complexities.
Salient Features Of Indian Constitution
Indian constitution acts as a
supreme law of the country having the following features–
1) Comprehensive and Lengthy Document– The Indian
Constitution is among the most detailed in the world. It addresses various
aspects of governance and societal needs.
2) Federal Structure with a Unitary Bias–In India power is
shared between the Union and the States. However, the central government
exercises more power to preserve national unity and respond to emergencies
effectively.
3) Parliamentary System– India follows a
parliamentary form of government based on the British model. The executive, led
by the Prime Minister, is accountable to the elected legislature..
4) Fundamental Rights and Duties[7]–Fundamental Rights are given under Part III, safeguarding
individual liberties. And Fundamental Duties are given under Article 51A, which
promote responsible citizenship and national integrity.
5) Directive Principles of State Policy[8]– These principles
guide the government in creating laws and policies promoting welfare, justice,
and equality. While not legally enforceable, they influence governance and
legislative priorities.
6) Independent Judiciary– The Supreme Court
safeguards constitutional supremacy by reviewing laws and government actions to
ensure conformity withconstitutional provisions.
7) Supremacy of the Constitution– The Constitution is
the highest legal authority. All laws
and policies must go
hand in hand with it.
8) Balanced Amendment Process– The Constitution
strikes a balance between rigidity and flexibility.
Landmark Judgements That Shape The Nation
The Indian Constitution is
dynamic, evolving through landmark judicial judgments that strengthen
governance, protect individual rights, and uphold democracy. Here are some key
cases–
1) Golaknath v. State of Punjab[9] :
The Supreme Court held
that Parliament cannot amend Fundamental Rights. This case expanded liberty in
the digital age, shaping future debates on data privacy, surveillance, and
autonomy.
2) KesavanandaBharati v. State of Kerala[10] :
This is a historic
judgement in which the Basic Structure Doctrine was introduced, the court said
Parliament has wide powers to amend the Constitution but it cannot alter its
basic framework. This judgment ensured that constitutional amendments do not
become a tool for dismantling the Constitution itself.
3) Maneka Gandhi v. Union of India[11] :
This case broadened
the interpretation of
Article 21, holding that right to life and personal liberty includes fair,
just, and reasonable procedures. The Court ruled that Articles 14, 19,and21[12] are interlinked and must be read together. The legal
maxim “Audi AlteramPartem”[13] was used, ensuring that no person should be left unheard.
4) Minerva Mills v. Union of India[14] :
Reinforcing balance
between Fundamental Rights and Directive Principles, Court ruled that
Parliament cannot use
its amending powers to destroy or change it’s basic structure.
5)
Justice K.S. Puttaswamy v. Union of India[15]
:
The Court declared
Right to Privacy as a Fundamental Right under Article 21. This case expanded
liberty in the digital age, shaping future debates on data privacy,
surveillance, and autonomy.
These verdicts are not just judicial decisions; they are
milestones in India's constitutional journey. They have strengthened the Indian
Constitution.
A Living Document: Amendments, Relevance and Reforms
A Constitution that never changes risks
becoming outdated, while one that changes too easily risks losing its
identity.The Indian Constitution maintains a balance between both without
sacrificing its foundational principles.
Amendment
Process: The procedure to amend the Constitution
is given under Article 368[16].Amendmentsrequire
a simple or special majority in Parliament, and in some cases, ratification by
at least half of the states.This process ensures amendments reflect a unified approval.
Key Amendments That
Reflect Change:
➔
42nd Amendment[17] : Expanded central
government powers during the Emergency.
➔
44th Amendment[18] : Reversed many changes
of the 42nd, reinforcing fundamental rights and democratic safeguards.
➔
86th Amendment[19] : Made education a
fundamental right for children aged 6 to 14.
➔
101st Amendment[20] : Introduced the Goods
and Services Tax (GST).
India requires a flexible Constitution. Responsible amendments
allows address to modern issues like technology. However, overuse or political
misuse can threaten stability.
Criticism & Contemporary Challenges
No document is perfect, and the Indian Constitution—despite its brilliance—is no exception.
Its length and complexity often make it inaccessible to the common citizen.
Fundamental rights are powerful tools, yet many people remain unaware of them.
Critics also question the balance of power. During the COVID-19
pandemic, centralised decision-making in areas like health, a state subject,
debates over true federalism. Similarly, concerns around judicial activism
emerge when courts appear to take on legislative roles.
Contemporary
challenges go beyond structure. Issues like data privacy, surveillance, and environmental
degradation demands urgent constitutional attention. For example, despite
linking clean environment to Article 21[21]
Pollution in rivers and air often tells a different story.
And yet, the Constitution’s strength lies in its adaptability.
Through thoughtful interpretation and responsible amendments, it continues to
respond to modern realities while holding firm to its foundational values.
Conclusion
The Constitution of India is not merely a legal manuscript — it
is the soul of the Republic, echoing the dreams of a nation born from struggle
and united by purpose. Over thedecades, it has been the anchor of Indian
democracy, shaping institutions, empowering citizens, and guiding the country
through moments of hope and hardship.
From judgments which enshrinedBasic Structure Doctrine, to amendments addressing education, privacy, and
equality, Constitution has evolved gracefully. It is both a sword against injustice
and a shield for the voiceless.Still, its strength is tested daily — by delays in
justice,
political pressures,
and the complex demands of a diverse, digital, and developing India.
As Dr. B.R. Ambedkar once warned– “However good a Constitution may be, it is sure to turn out bad if
those who are called to work it, happen to be a bad lot.”[22]The
Constitution gives us the tools — the question is: Will we use them to build the nation we promised ourselves?
Bibliography
1) https://legislative.gov.in/sites/default/files/COI.pdf
[2]Preamble – Justice, Liberty,
Equality and Fraternity.
[3]B.R. Ambedkar 's Constituent Assembly Debates, 25th
of November 1949, available at https://cadindia.clpr.org.in.
[7]Constitution of India, Part III
(Articles 12–35) and Part IVA (Article 51A).
[8]Constitution of India, Part IV (Articles 36–51).
[9]AIR 1967 SC 1643.
[10]AIR 1973 SC 1461.
[11]AIR 1978 SC 597.
[12]Article 14, 19, 21 of
The Indian Constitution.
[13]Hear the other side—a key principle of natural justice.
[14]AIR 1980 SC 1789.
[15](2017) 10 SCC 1.
[16] Power of Parliament to amend the
Constitution.
[17]The Constitution (42nd Amendment)
Act, 1976.
[18] The Constitution (44th Amendment)
Act, 1978.
[19]The Constitution (86th Amendment)
Act, 2002.
[20]The Constitution (101st Amendment)
Act, 2016.
[21]Protection of Life andLiberty.
[22]Dr. B.R. Ambedkar's Speech on 25 November 1949.
- Constitution of India: The Living Foundation of Our Legal System
- How the Indian Constitution Shapes Democracy and Law
- Indian Constitution Explained: Structure, Judgments & Reforms
- The Indian Constitution: Soul of Our Legal and Political System
- Understanding the Constitution of India: From Rights to Reforms
Explore how the Constitution of India serves as the backbone of the country's legal system. From its historical roots to landmark judgments, federal structure, amendments, and modern challenges — this article breaks it all down with clarity and depth.
- Constitution of India
- Indian legal system
- Fundamental Rights
- Constitutional amendments
- Rule of law in India
- Landmark Supreme Court cases
- Federal structure India
- Dr. B.R. Ambedkar
- Basic Structure Doctrine
- Directive Principles of State Policy
- Article 21 Right to Life
- Judicial review India
- Living Constitution
- Indian democracy framework
- Indian Constitution features
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