Mumbai-based Constitution experts: 'It is for us citizens to keep Constitution alive’

The legislature is itself a creation of the Constitution of India. File pic

The day November 26 has become significant in the memory of Mumbaikars as the day of the 26/11 terror attacks. The date, however, also marks the day in 1949 when the writers of the Indian Constitution completed drafting the supreme law of the land. The Constitution came into force on January 26, 1950.

Over the years, when legislation and the executive failed to provide recourse to the common man, the judiciary and judicial activism brought the spirit of the law to life. However, as we mark the 74th anniversary of Constitution Day on Sunday, constitutional experts believe that the Constitution today faces new challenges that need citizens' will as well as their participation to be overcome.

Keeping Constitution alive

"We are fortunate to have an all-encompassing Constitution but it needs to be kept alive and dynamic through the active participation of citizens and the system. The Constitution has evolved to keep pace with the changing needs and demands of the country. However, we as citizens must also realise that the government, enforcing agencies and the judicial system alone cannot keep it alive," said advocate Floyd Gracias, a Supreme Court counsel and expert on the Constitution.

"The Constitutional Ideals sum up our rights and duties in justice, liberty, equality and fraternity. There are two parts to this - fundamental rights and fundamental duties. While every citizen has fundamental rights, they must enjoy the freedoms with due respect to their enjoyment by all citizens. Sustainable growth and development is the need of the hour whereby we ensure that we leave enough resources for future generations," Floyd said.

"Pollution is a social issue where citizens can be responsible towards the environment, ensuring that it is not degraded. Considering that the Preamble to our Constitution starts with the words, ‘We the people of India', citizens must collectively address social issues, thereby bringing the Constitution alive," Floyd said.

Floyd points out that another area of concern is justice. "It may be easy to say ‘justice delayed is justice denied'. A good question to ask ourselves is, ‘are we the cause of the delay?' A simple way forward is Alternate Dispute Resolution, which can reduce litigation in courts, resolve matters quickly and cost-effectively through arbitration, conciliation, or mediation," said Floyd.

"Fundamental duties (Article 51A) lays down citizens' duties in day-to-day life, which can help the nation grow. As a democracy, it is people's collective will that can keep the ideals of justice, liberty, equality and fraternity relevant. Only through active participation can India be the nation our Constitution's makers envisaged it to be," Floyd said.

Future uncertain

Advocate Rajeshwar Panchal, who practises constitutional and administrative law, presented a different set of challenges. "The Constitution is a living document whose strength lies in the constitutional machinery. However, in the past few years, the independence of the machinery has been under a cloud. They appear to be controlled by the executive. Even the judiciary, once considered the most powerful, is having weak days. Investigating machinery is allegedly being used to target dissenting voices.

Privatisation has eroded opportunities for public service and guarantee of reservation. To be precise, one political party having a majority in the Parliament has challenged the Constitution. The common man is clueless and the future is uncertain. It is strange and surprising that people are ignorant of their responsibilities to preserve and cherish the Constitution when they are also the most affected. This lack of responsibility has encouraged the executive to weaken the Constitution."

Rediscovering society

For Advocate Dhanpal Jain, the Preamble has the power to help the society rediscover itself. "The Preamble has become part of a social movement that is rediscovering democratic values in society. Worried about divisive politics, youth, lawyers, and politicians are recognising that the Preamble's message is more relevant than ever before. ‘We the People of India' must consciously reject corruption, violence and crime against women, and pollution and develop a caring attitude towards the environment. On Constitution Day, it's time to integrate our fundamental rights with our duties," said Advocate Dhanpal Jain.

Advocate Shreeprasad Parab, a constitutional expert, said, "The Constitution binds the people of India into one whole. It is the supreme law of the land which created the legislature, which in turn makes other laws that must abide by the Consitution. With the growth of the nation amid philosophical and cultural advancement, the Constitution must grow too. Its interpretation must adapt to changed circumstances and to the needs of the time and polity."

Nov 26
Day in 1949 draft of the Constitution was ready