Source: The Hindu 

Introduction 

• The 75th anniversary of India's Constitution, which was adopted on 26th November, 1949. The Constitution has guided India's development over the past decades, even as the country has faced various social and political challenges. The Constitution's flexibility and the critical role of equality, liberty, and fraternity. However, it acknowledges the gaps in achieving true social and economic equality, as Dr. Ambedkar had foreseen. The piece also critiques the politicization of caste reservations and stresses the need for a commitment to the original values of the Constitution in addressing modern challenges. 

What are the Changes Made in Constitution? 

• While the Constitution was initially seen as a "document of compromises", it has continued to serve as the guiding light for India's democracy. 
• The absence of a "common sense of nationhood" and religious divisions were initial challenges, but the Constitution enabled India to overcome these. 
• Caste reservations have been introduced, promoting equality, though they have also been argued to have undermined fraternity. 
• The extension of caste reservations beyond the initial Scheduled Castes and Tribes to include Other Backward Classes has been a significant development. 
• The "escalating demand" for a caste census is seen as having further implications for the evolution of India's constitutional practice. 
• The mobilization of votes based on caste, creed, region and language has impacted the social and psychological sense of oneness that the Constitution aimed to foster. 
• The diminishing of Parliament's powers and the increasing role of the judiciary and the demand for the "One nation, one vote" principle have been other constitutional changes. 
• The erosion of social and economic equality, as envisioned by the Constitution, remains an ongoing challenge. 
• Efforts to uphold the Constitution's ideals of liberty, equality and fraternity continue to be a work in progress for the country. 

How did the Constituent Assembly Draft and Adopt the Indian Constitution? 

• The Constituent Assembly that drafted the Indian Constitution came into existence as per the provisions of the Cabinet Mission of May 1946.  
  • Its task was to formulate a Constitution to facilitate the transfer of sovereign power from British authorities to Indian hands. 
• The Constituent Assembly first sat on 9th December 1946, electing Rajendra Prasad as President, Harendra Coomar Mookerjee and V.T. Krishnamachari as Vice Presidents, and B.N. Rau as Constitutional legal advisor. 
• The Constitution's adoption marked the culmination of the struggle for India's independence and the realization of Jawaharlal Nehru's declaration of 'Poorna Swaraj' in 1929. 
• On 13th December 1946, Jawaharlal Nehru introduced the "Objective Resolution" in the Assembly, laying down the philosophy of the Constitution aimed at fostering India as a Sovereign, Democratic Republic with federal distribution of powers and securing equality, justice, and rights for all. 
• The Constituent Assembly was given complete autonomy and legislative authority by the Indian Independence Act of 1947, allowing it to draft and adopt the Constitution as India's first free Parliament. 
• After extensive deliberations and drafting by the Drafting Committee, the final Constitution was passed and adopted by the Constituent Assembly on 26 November 1949, with certain provisions coming into effect immediately and the rest on 26 January 1950, which is celebrated as India's Republic Day. 
• Dr. Rajendra Prasad was elected as India's first President, and the National Anthem and National Song were also adopted by the Constituent Assembly. 
• At it’s inception the Constitution had 395 Articles and 8 Schedules. Since it’s genesis there have been 106 Constitutional Amendments made to the Constitution.  

Major Amendment in Indian Constitution

What is 42^nd Amendment of Indian Constitution (Mini Constitution ) ? 

• 42^nd Amendment Act, often referred to as the "Mini Constitution", made significant changes to the structure and powers of the Indian Constitution. 
• Amended articles 31, 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368 and 371F. 
• Inserted articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A. 
• Inserted parts 4A and 14A. 
• Amended schedule 7. 
• This amendment was passed during the internal emergency by Indira Gandhi. 
• The Preamble was amended to add the words 'Socialist', 'Secular' and 'Integrity'. 
• Transferred 5 subjects from the state list to the concurrent list: Education, Forests, Weights & Measures, Protection of Wild Animals and Birds, and Administration of Justice. 
• Added 10 Fundamental Duties for citizens (on recommendations of the Swaran Singh Committee). 
• Introduced Part XIV-A titled 'Tribunals dealing with Administrative matters' and 'Tribunals for other matters'. 
• Added 4 new Directive Principles of State Policy (DPSPs):  
  • Art 39:- To secure opportunities for the healthy development of children 
  • Art 39A:- To promote equal justice and to provide free legal aid to the poor 
  • Art 43A:- To take steps to secure the participation of workers in the management of industries 
  • Art 48A:- To protect and improve the environment and to safeguard forests and wildlife 
• Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts. 
• Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years. 

Doctrine of Basic Structure and important case laws: 

• The Doctrine of Basic Structure has evolved through landmark Supreme Court judgments, establishing limits on Parliament's power to amend the Constitution and protecting the fundamental features of the Indian Constitution. 
• The Doctrine of Basic Structure refers to the division of powers between the various organs of the state - the executive, legislature, and judiciary. 
• The timeline shows the key court cases that have shaped the evolution of this doctrine:  
  • Shankari Prasad v. Union of India (1951): The Supreme Court upheld the power of Parliament to amend the Constitution, including the Fundamental Rights. 
  • Sajjan Singh v. State of Rajasthan (1965) and Golakhnath vs State of Punjab (1967): The Supreme Court ruled that Parliament cannot amend the Fundamental Rights. 
  • Kesavananda Bharati v. State of Kerala (1973): The Supreme Court established the doctrine of basic structure, holding that Parliament cannot amend the basic features of the Constitution. 
  • Minerva Mills v. Union of India (1980): The Supreme Court held that the Constitution is supreme, not Parliament, and that Parliament cannot have unlimited power to amend the Constitution. 
• The key principles established by the courts are:  
  • Parliament has the power to amend the Constitution, but it cannot alter the basic structure or framework of the Constitution. 
  • Fundamental Rights are part of the basic structure and cannot be abridged or taken away. 
  • The Constitution is supreme, not Parliament, and Parliament cannot have unlimited power to amend the Constitution. 

Landmark Judgments 

• Personal Liberty (Maneka Gandhi v. Union of India, 1978):  
  • Supreme Court ruled that personal liberty cannot be restricted arbitrarily, and any procedure limiting liberty must be fair, just, and reasonable. 
• Public Interest Litigation (Mumbai Kamgar Sabha, 1976):  
  • Introduced PIL as a mechanism to provide justice to marginalized sections of society, broadening access to legal remedies beyond traditional litigation. 
  • Human Rights - Transgender Recognition (NALSA v. Union of India, 2014): 
  • Recognized transgender persons as a third gender, affirming their right to dignity and equality under the Constitution. 
  • Human Rights - Right to Privacy (Puttaswamy v. Union of India, 2017): 
    • Declared privacy as a fundamental right emerging from Article 21, protecting individual autonomy and personal liberty. 
• Gender Justice - Triple Talaq (Shayara Bano v. Union of India, 2017):  
  • Declared triple talaq unconstitutional, ruling it as arbitrary and violative of fundamental rights. 
• Constitutional Democracy - President's Rule (S.R. Bommai v. Union of India, 1994):  
  • Limited the misuse of Article 356 by establishing judicial review criteria for imposing President's Rule in states. 
• Electoral Reforms - NOTA (Right to Reject):  
  • Introduced the "None of the Above" option in elections, recognizing voters' right to reject candidates. 
• Environmental Protection (MC Mehta v. Union of India, 1987):  
  • Established the principle of 'Absolute Liability' for industries engaged in hazardous activities. 
• Social Justice - Reservations (Indra Sawhney v. Union of India, 1992):  
  • Set the 50% threshold for reservations and introduced the concept of excluding the 'creamy layer' from reservation benefits. 
• Judicial Independence (Judges Cases):  
  • Through multiple cases, established and refined the Collegium system for judicial appointments, preserving judicial independence. 

Conclusion 

The needs to uphold the spirit of the Constitution and address the pressing issues of inequality, caste divisions, and the erosion of democratic institutions. While the Constitution has provided a strong foundation, the country must continue to evolve and adapt to fulfill the aspirations of all its citizens. As India celebrates this momentous milestone, the true test lies in ensuring that the Constitution's ideals are reflected in the lived experiences of the people.