The Broad Mind | The Indian Constitution and its Evolution

On the 65th anniversary of the formation of the Indian republic, V. Vinay shares some thoughts on the Indian constitution and its evolution.

constitution

The constitution came into being after nearly 3 years of debate, with 299 members. The drafting committee was headed by BR Ambedkar. The constituent assembly was an indirectly elected body created before independence. The first Loksabha elections were in 1952.

While India became a republic in 1950, it took less than 15 months for shortcoming to be found. Because judgements went against the govt. Freedom of expression became a thorny issue. Because the PM Jawaharlal Nehru didn’t like some cartoon and writings by the left. The first amendment was moved on 10th May and enacted on 18th June 1951. In this short while, our freedom of expression was curtailed.

It look less than six weeks for a slew of changes to the constitution. 13 changes in all including insertion of Schedule 9. Schedule 9 was created to be outside judicial scrutiny. Only recently the Indian supreme court said these provisions may also be scrutinised if required.

While the articles of the constitution have been amended 99 times until now, you would have thought we got at least the preamble right. But no, Indira Gandhi in the infamous 42 amendment decided to amend the preamble as well. This was on 1st April 1977. Oh, the irony! The preamble then and now:

Preamble1aPreamble1b

This is how we became a socialist secular country. The Janata govt did not roll this back: lest our friends in Moscow be offended.

The 42nd Amendment touched/modified/inserted about 54 articles! This has been the largest surgery carried out on the constitution. In the meanwhile nearly 300 acts now find shelter in Schedule 9, away from judicial scrutiny. Many amendments were just showing the courts their ‘place.’ Here is the 24th:

Amendment1

Interestingly, one person who opposed changes to article 19 was Syama Prasad Mukherjee. Wonder if his successors have the courage to restore the article to its pristine form. Meanwhile, we have had 99 amendments. The Modi govt in surely bound to make the 100th amendment. A century! A number we all love.

But still this is the best we have. And this is what keeps us going as a nation. Happy Republic Day.

V. Vinay is a curious academic-entrepreneur living in Bangalore. He tweets at @ainvvy, and these thoughts were originally posted on twitter.