This year, India celebrates the 75th anniversary of the adoption of the Constitution of India. It is an occasion to reflect on its importance and role in the evolution of Indian democracy. Seventy-five years of constitutional democracy has had its share of challenges, but the fact that we have been able to commit ourselves to the principles of democratic governance owes a lot to the supremacy of the Constitution.
Unlike other democracies, including the UK’s where Parliament is supreme, in India, it is well recognized that the Constitution is supreme. This is also an interesting way of accepting that the people are supreme, on whose behalf it was written, affirming their rights and freedoms, and distributing powers among various wings of government.
The idea of the supremacy of the Constitution has three key principles:
The Constitution is for the People, by the People and of the People: The first five words of the Constitution are, “We, the people of India….” These words of the Preamble recognize the centrality of people in the constitution-making process. It also introduced the concept of enlightened citizenship and responsibility taken by people for nation building.
The rest of the Preamble’s first sentence reads: “… having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens …” The framers of the Constitution were mindful of the fact that they were laying the foundation for fulfilling the dreams and aspirations of the people of a modern nation.
However, they were conscious of historical biases and prejudices that contributed to discrimination and injustice. Hence, it recognized the need for securing to all its citizens, “…Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all Fraternity, assuring the dignity of the individual and the unity and integrity of the Nation…”
The Constitution protects the rights and freedoms of people: Its framers had been victims of authoritarianism themselves. They were deprived of their rights and freedoms through arbitrary exercise of powers by the British government. They paid critical attention to establishing a robust framework of rights and freedoms and made Part III of the Constitution India’s repository of fundamental rights.
However, they did not stop at the mere recognition of rights. They created an exclusive provision in the form of Article 32, which is the right to constitutional remedies. As B.R. Ambedkar famously observed, “If I was asked to name any particular article in this Constitution as the most important—an article without which this Constitution would be a nullity—I could not refer to any other article except this one (Article 32). It is the very soul of the Constitution and the very heart of it.”
The Constitution empowers the Indian Judiciary to be its guardian: It established several institutions, including the judiciary. Its framers were conscious of the need for a powerful and independent judiciary with constitutional powers, duties and responsibilities to protect the rule of law, recognized in many provisions of the Constitution’s Chapter IV. Importantly, Articles 141, 142 and 144 unequivocally recognize the unique role of the Supreme Court of India in protecting the constitutional values.
Article 141 recognizes that the law declared by the Supreme Court is binding on all courts; Article 142 outlines the enforcement of decrees and orders of the Supreme Court including its power to “…pass such degree or make such order as is necessary for doing complete justice…”; and Article 144 recognizes that “All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.”
These are extraordinary powers that have been envisaged by the Constitution’s framers for the judiciary. It underscores the principle that the Constitution is the supreme law of the land and all institutions that are created under it ought to adhere to its values.
The way forward: The winners of the Nobel Prize in Economics for 2024 emphasized the role of societal institutions in a country’s economic development. While awarding the prize, the committee observed, “This year’s laureates in the economic sciences, Daron Acemoglu, Simon Johnson and James Robinson, have demonstrated the importance of societal institutions for a country’s prosperity.
Societies with a poor rule of law and institutions that exploit the population do not generate growth or change for the better. The laureates’ research helps us understand why.” The framers of India’s Constitution had the farsightedness to establish such institutions which laid the foundations of Indian democracy.
The vision of ensuring the supremacy of the Constitution needs to be steadfastly protected through other strong and independent institutions. The history of several countries around the world shows that national failure is often accompanied and frequently led by constitutions and constitutional institutions becoming vulnerable to pressure or getting weakened.
The fundamental tenets of Indian democracy are protected by the institutions created by the Constitution. We simply cannot take them for granted and need to remain invested in them.
The author is the founding vice chancellor of O.P. Jindal Global University (JGU) and founding dean of Jindal Global Law School.
