9.2. ARE CONSTITUTIONS STATIC?

It is not uncommon for nations to rewrite their constitutions in response to changed circumstances or change of ideas within the society or even due to political upheavals.

Many countries have modified or completely rewritten their constitutions when faced with significant social or political changes. This adaptability reflects how laws must respond to the evolving needs and circumstances of society. For example, the Soviet Union went through four constitutions in about 74 years, highlighting their constant legal adjustments to changing political realities.

Imagine how a school might change its rules to better suit the students’ learning needs or safety after experiencing issues. Just as schools must adapt their rules for better functionality and relevance, countries often update their constitutions to reflect current social values and demands.

But look at India. The Constitution of India was adopted on 26 November 1949. Its implementation formally started from 26 January 1950. More than 69 years after that, the same constitution continues to function as the framework within which the government of our country operates.

Unlike many countries, India’s Constitution has remained unchanged in its fundamentals since its adoption in 1950, providing a stable framework for governance. This stability suggests that the Constitution has effectively addressed the diverse needs of Indian society throughout decades of change.

Think of a well-built bridge that continues to serve even after many heavy vehicles have passed over it for years. The Indian Constitution acts like a sturdy bridge, designed to withstand and support the evolving journey of the nation without collapsing under pressure.

The makers of the Indian Constitution were aware of this problem and sought to strike a balance. They placed the Constitution above ordinary law and expected that the future generations will respect this document. At the same time, they recognised that in the future, this document may require modifications.

The Constitution was created with an understanding that it needs to be respected and preserved, yet also recognized the necessity for future improvements as society evolves. Consequently, while the Constitution offers a strong foundation for governance, it allows for amendments to address future challenges.

Consider a family heirloom, like a handcrafted vase. It is valued for its history and beauty, yet it can be repaired or restored as needed to ensure its continued use and enjoyment, just as the Constitution can be amended to better serve the country's needs.

Secondly, in the actual working of the Constitution, there has been enough flexibility of interpretations. Both political practice and judicial rulings have shown maturity and flexibility in implementing the Constitution.

Judicial interpretation allows the Constitution to adapt to new circumstances without formal amendments. Courts and lawmakers often interpret constitutional provisions in ways that support contemporary values and needs, maintaining the Constitution’s relevance.

It's like a gardener adjusting the care routine for a plant as it grows; you might need to change the watering schedule or amount of sunlight based on the plant's current size and needs, similar to how the Constitution's interpretation can adapt to serve justice and governance better.

Thus, the Indian Constitution is a combination of both the approaches mentioned above: that the constitution is a sacred document and that it is an instrument that may require changes from time to time.

The Indian Constitution is considered sacred, embodying the aspirations and values of the people. It is also recognized as a living document that can be modified to maintain its relevance and functionality in a changing society.

This dual nature can be likened to an old, treasured book that contains timeless wisdom. While the core lessons may always remain, new editions of the book can include updates and additional insights that reflect contemporary understanding without losing its original voice.

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