In a thought-provoking address delivered at Edinburgh Law School, Chief Justice of India (CJI) Justice BR Gavai described the Indian Constitution as a living, organic, and evolving document.
The event witnessed participation from esteemed personalities, including Justice Vikram Nath, Professor Jo Shaw, Professor Dr Deval Desai, Indian Consulate General Siddharth Malik, Supreme Court Registry officials, faculty members, and students.
India’s Constitution and its dynamic nature
Justice Gavai began his speech by recalling the historical roots of the Indian Constitution, emphasising the rigorous drafting efforts led by Dr BR Ambedkar and other legal luminaries.
He acknowledged how the framers, while criticised for creating both rigid and liberal amendment procedures, intentionally made the Constitution adaptable to changing societal, political, and economic needs.
First amendment and the spirit of change
The CJI cited early amendments, especially the first in 1951, as critical evidence of the Constitution’s evolving nature.
He explained how the Madras High Court’s reservation verdict and other challenges prompted Parliament to amend Articles 15 and 19.
These changes enabled reservations for backwards classes and introduced restrictions on freedom of speech in the interest of national security and public order.
Justice Gavai recounted landmark cases such as Shankari Prasad, Sajjan Singh, and Golaknath that questioned Parliament’s amending powers.
He highlighted the seminal Kesavananda Bharati case, where Justice HR Khanna’s decisive opinion led to the establishment of the ‘basic structure doctrine’, restricting Parliament from altering fundamental aspects like judicial independence and federalism.
Significant amendments in Constitution
He reviewed numerous constitutional amendments over the decades: abolition of privy purses, bank nationalisation challenges, and inclusion of terms like ‘socialist’ and ‘secular’ in the Preamble.
He noted how environmental concerns led to the introduction of fundamental duties under Article 51A, and how judicial review was reaffirmed in Minerva Mills.
Justice Gavai also discussed structural changes such as the 73rd and 74th Amendments that empowered Panchayati Raj institutions and urban local bodies.
He spoke on affirmative action through Article 16(4A), the right to education under Article 21A, and recent amendments for EWS reservations and women’s representation.
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