Changing Facets of Constitutionalism in India

The proposition “changing facets of constitutionalism in India” if read narrowly, may confine the discussion to the changing facets of constitutionalism which are now being witnessed. However, if broader interpretation is adopted, which I propose to adopt, it should involve consideration of the facets of constitutionalism which changed even before 1950. The history, undoubtedly has it’s influence on the present and future of constitutionalism.

Constitution and Constitutionalism

As we all understand, the Constitution is a framework of norms wiring the political structure. However, every framework of norms is not a constitution in the modern sense. The modern constitution became very necessary when the social contract theory of the state advanced by David Hume and John Locke gained acceptance. It propounded that the birth of a State is not founded in the divine right but in the consent of those whom the State governed. The sophistication in the constitution was subsequently influenced by the doctrine of rule of law. With the advent of the judicial review in US, began the intellectual analysis of the constitution in the early 19th centaury. The constitutional principles have evolved, because constitution is a living document and it is supposed to survive for years and decades to come. The constitutional changes occur by both formal amendment of the constitution and or by judicial interpretation. The latter have had more profound effect in the last hundred years in offering new facets of the constitution. If I may say, constitution is shaped as diamond. It is cut to improve its radiance, brilliance, etc.

The above excerpts are part of the lecture delivered by Mr. Mohan V. Katarki (Senior Advocate, Supreme Court of India) on 23rd November 2019 (Constitution Week, 2019) at UPES School of law, Dehradun. It has been published by the Karnataka State Law University Journal, Volume VIII.

Changing Facets of Constitutionalism in IndiaDownload