Newfound Reverence for Constitution

Source-This post on Newfound Reverence for Constitution has been created based on the article “Amidst politicians’ new reverence for Constitution, one thing to remember” published in “The Indian express” on 5 July 2024.

UPSC Syllabus-GS Paper-2- Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Context- Recent political developments show a newfound reverence for the Indian Constitution among all political parties and leaders. During the recent parliamentary session and after the 2019 Lok Sabha elections, many MPs added “Jai Samvidhan” to their oath. Although the oath itself is a pledge to uphold the Constitution and the sovereignty and integrity of India.

Article 99 requires every member of Parliament to swear or affirm loyalty to the Constitution of India as established by law. This requirement has caused confusion because it suggests Parliament’s laws are supreme, though the Constitution determines the validity of parliamentary laws.

What are the cynics and realists’ perspectives on this newfound reverence for the constitution?

1) Political Legitimacy vs. Constitutional Duties-Critics argue it’s more about enhancing political legitimacy than genuine commitment to constitutional duties, Directive Principles, or individual rights.

2) Embrace of Constitutionalism-Voters have embraced constitutionalism to protect their freedom against uncertain political futures. The paradoxes of democracy are rooted in why the officials who take oaths continue to be seen as constitutional elites, while the people, on whose behalf all political power is wielded, remain as marginalized groups in society.

What is the Judicial Oath in third schedule of Indian Constitution?

The oath of office for Justices of the Supreme Court and the High Courts of India includes the following: “I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.”

What is the significance of this oath?

1) The judicial oath serves as a constant invitation for judges to innovate in interpreting the rule of law and to improve governance practices through reasoned judgments and corrective measures.

2) Judicial duties include the commitment to repair, reform, and revitalize, guided directly by the judicial oath mandated by the Constitution. Since the Kesavananda Bharati decision, this oath has been a guiding principle for judicial actions in India.

What is the significance of Kesavananda Bharati decision?

1) Elements of the Doctrine– This doctrine includes two important elements: the freedom for thorough legal arguments in court (known as forensic freedoms, ensuring the Bar’s independence) and the independence of the judiciary.

2) Supremacy and Accountability of Constitutional Powers -It held that constitutional powers are supreme within their specific areas but also constrained and accountable

3) Limitations on Powers -It highlighted that no powers are absolute; all are constrained by the Constitution, including judicial authority and constitutional review. Most amendments to the Constitution since Kesavananda Bharati have respected the Basic Structure doctrine.

Read More- 50 years of Basic Structure Doctrine

What should be the way forward?

1) The Constitution is more than just a set of rules; it should be seen through its essence and fundamental values.

2) The fundamental structure and essential principles of the Constitution should always be protected and maintained, even if it is amended in the future with consensus from all political parties.

Question for practice

What does the Judicial Oath in the third schedule of the Indian Constitution entail? Why is this oath significant?