9.8. CONCLUSION

We have described our Constitution as a living document. What does that mean?

Almost like a living being, this document keeps responding to the situations and circumstances arising from time to time. Like a living being, the Constitution responds to experience. In fact that is the answer to the riddle we mentioned at the beginning about the durability of the Constitution. Even after so many changes in the society, the Constitution continues to work effectively because of this ability to be dynamic, to be open to interpretations and the ability to respond to the changing situation. This is a hallmark of a democratic constitution.

The Constitution of India is considered a 'living document' because it adapts to new circumstances and societal changes over time. This means the Constitution isn't static; it evolves and reacts to the needs of the people. Just like a living organism that grows and adapts, the Constitution adjusts to the experiences of the nation, ensuring its relevance and effectiveness through different social changes. This characteristic helps maintain its authority and respect among citizens.

Think of the Constitution as a smartphone operating system that frequently gets updates. Just as the OS receives updates to fix bugs, improve user experience, and add new features based on user feedback, the Constitution gets amendments and interpretations that help it serve society better as times change.

In a democracy, practices and ideas keep evolving over time and the society engages in experiments according to these. A constitution, which protects democracy and yet allows for evolution of new practices becomes not only durable but also the object of respect from the citizens.

The durability of a Constitution is directly connected to its flexibility in adapting to new ideas and practices. In a democratic setup, it is crucial that the Constitution serves as a foundation that evolves with the needs and aspirations of its people. The ability to adjust and evolve is what enables the Constitution to be respected and upheld by citizens, who see it as relevant to their lives and challenges.

Consider the Constitution like a tree in a garden. As seasons change, the tree adapts by shedding some leaves or growing new ones to accommodate the climate. Similarly, the Constitution needs to evolve with societal changes, allowing it to remain strong and relevant even as new generations face different challenges.

The success of the working of the Indian Constitution lies in resolving these tensions. The Judiciary, in its famous Kesavananda ruling, found a way out of the existing complications by turning to the spirit of the Constitution rather than its letter.

There is often a conflict between the different branches of government, especially between the Parliament and Judiciary. The Kesavananda ruling was significant because it emphasized the need to interpret the Constitution in a way that respects its underlying principles ('the spirit') rather than just the literal text. This helps balance the powers of government while ensuring the foundational values of the Constitution are upheld.

Imagine a referee in a sports game. The referee doesn’t just enforce the written rules but also interprets the spirit of the game to ensure fair play. Similarly, the Judiciary acts like a referee for the Constitution, ensuring that its implementation stays true to its core values even as interpretations and practices evolve.

Our political parties and leadership have shown maturity in setting limits to these debates. Because, politics is also about compromises and give-and-take. Extreme positions may be theoretically very correct and ideologically very attractive, but politics demands that everyone is prepared to moderate their extreme views.

The effectiveness of the Constitution also depends on the maturity of political leadership, which requires compromise and moderation of extreme views. Political leaders and parties must engage in discussions that respect diverse opinions while striving for consensus to enable democratic functioning. This balance fosters a stable and respectful political environment.

Think about a group of friends deciding where to go for dinner. If everyone insists on their own favorite place without compromise, they may never agree. However, if they negotiate and agree on a restaurant that offers a variety of options, they enjoy their meal together, showcasing the importance of compromise in achieving a harmonious outcome.

There can still be debates about what constitutes basic structure. There is nothing wrong in such debates. We must remember that politics in a democracy is necessarily full of debates and differences. That is a sign of diversity, liveliness and openness.

The Constitution can and should be discussed and debated. Healthy debates regarding its interpretations, especially concerning the 'basic structure', signify a vibrant democracy. These discussions reflect the diversity of thoughts and perspectives within society, contributing to the evolving nature of the Constitution.

Imagine a community gathering where everyone shares their ideas about improving local parks. This exchange of differing opinions leads to a better plan that considers everyone’s needs. In a similar way, the debates surrounding the Constitution help refine and improve its application, ensuring it continues to serve all citizens effectively.

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