The Constitution of India as a Living Instrument

Studying the Indian Constitution today requires more than consulting the text promulgated in November 1949, as numerous Amendment Acts and judicial decisions have since shaped its interpretation. Nearly every original provision has acquired a gloss through formal amendments or judicial interpretation, making an account of its functioning a formidable task.

The Constitution of India is a living instrument, designed for a progressive society, with its effectiveness depending on the prevalent conditions and the people who operate it.

Role of People and Administrators

Dr. B.R. Ambedkar, in the Constituent Assembly (25 November 1949), observed:

• The success or failure of a Constitution depends not solely on its content, but on the men who work it.

• The Constitution provides the organs of State—the Legislature, Executive, and Judiciary—but their functioning depends on the people and political parties.

• If people uphold constitutional methods, the Constitution works; if they adopt revolutionary methods, even a good Constitution may fail.

Dr. Rajendra Prasad echoed this on 26 November 1949:

• The welfare of the country depends on the administrators, who must be capable, honest, and of integrity.

• A Constitution is like a machine; it acquires life through those who control and operate it.

• The democratic values survive where institutions and the people adhere to constitutional parameters and maintain integrity.

Amendments and Judicial Interpretation

• In 71 years, 105 Amendment Acts have been passed, reflecting the Constitution’s flexibility.

• Unlike the American Constitution, where judicial interpretation often drives change, the Indian Constitution vests amending power in Parliament, allowing for peaceful adoption of changes, some potentially revolutionary.

Judiciary vs Legislature in Constitutional Change:

• The framers preferred the legislature to introduce changes rather than the judiciary.

• Certain amendments could not have been introduced judicially, such as:

  • First Amendment: Insertion of the word “reasonable” in Article 19(2) to qualify restrictions on freedom of speech

  • Seventh Amendment: Territorial reorganisation of the country

  • Other Amendments (10th, 12th, 13th, 14th, 35th, 36th) related to territorial adjustments or political status of territories

Impact of Frequent Amendments

• Frequent amendments have, at times, undermined the sanctity of the Constitution as an organic instrument.

• 42nd Amendment Act (1976):

  • Enacted by the Congress Government during monolithic control over Union and State Legislatures

  • Introduced comprehensive and drastic changes, overturning some bedrock provisions

  • Described as a “revision” rather than a mere amendment

• 43rd and 44th Amendment Acts (1977–1978):

  • Enacted by the Janata Government after popular backlash

  • Restored many pre-1976 provisions

  • Eliminated the right to property from Fundamental Rights