Model Answer
0 min readIntroduction
The Indian Constitution, adopted in 1950, is often described as a ‘living document’. This signifies its inherent capacity to evolve and adapt to the changing socio-political realities of the nation. Unlike rigid constitutions, a living document isn’t merely a set of rules but a framework that breathes with the society it governs. This adaptability is crucial for a diverse and developing nation like India, where social norms, values, and aspirations are constantly undergoing transformation. The Constitution’s ability to accommodate these changes through amendments and judicial pronouncements is fundamental to its continued relevance and legitimacy.
Mechanisms Enabling Constitutional Change
The Constitution provides several mechanisms that allow it to respond to social change:
- Amendment Process: Article 368 outlines the procedure for amending the Constitution. Amendments have been used to address various social issues, reflecting evolving societal norms.
- Judicial Review: The Supreme Court, through its power of judicial review (Article 32 & 226), interprets the Constitution in light of contemporary social realities. Landmark judgments have expanded the scope of fundamental rights and addressed social injustices.
- Constitutional Conventions: Unwritten rules and practices developed over time, influencing the interpretation and application of constitutional provisions.
Examples of Social Change Reflected in the Constitution
1. Women’s Rights
Initially, the Constitution granted equal rights to both men and women. However, subsequent amendments and judicial interpretations have significantly expanded these rights:
- Equal Remuneration Act, 1976: Ensured equal pay for equal work, addressing gender-based wage discrimination.
- The Indecent Representation of Women (Prohibition) Act, 1986: Aimed to prevent the objectification of women in media and advertising.
- Vishaka Guidelines (1997) & The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Addressed the issue of sexual harassment, recognizing it as a violation of fundamental rights.
- Judicial Pronouncements: The Supreme Court in Indra Sawhney v. Union of India (1992) upheld reservations for women in government jobs, furthering their representation.
2. Scheduled Castes and Tribes
The Constitution initially provided for reservations and safeguards for SCs and STs (Articles 330, 332, 335). These provisions have been expanded and refined over time:
- 89th Amendment (2003): Introduced reservations for SCs and STs in private unaided educational institutions.
- Post-Mandal Commission (1990): Implementation of reservations in government jobs based on the recommendations of the Mandal Commission, addressing historical social inequalities.
- Forest Rights Act, 2006: Recognized the rights of tribal communities over forest resources, addressing historical injustices related to land ownership.
3. Fundamental Rights & Expanding Scope
The interpretation of Fundamental Rights has evolved to address new social challenges:
- Right to Education (Article 21A): Added by the 86th Amendment (2002), recognizing education as a fundamental right, reflecting the importance of education for social mobility.
- Right to Privacy (K.S. Puttaswamy v. Union of India, 2017): The Supreme Court declared privacy a fundamental right, acknowledging its importance in the digital age and its connection to personal dignity and autonomy.
- Decriminalization of Section 377 (Navtej Singh Johar v. Union of India, 2018): The Supreme Court decriminalized consensual homosexual acts, reflecting changing societal attitudes towards LGBTQ+ rights.
4. Local Governance & Social Inclusion
The 73rd and 74th Constitutional Amendments (1992) strengthened local self-governance and promoted social inclusion:
- Reservation for Women & SC/STs in Panchayats & Municipalities: Ensured representation of marginalized groups in local governance, empowering them to participate in decision-making processes.
Conclusion
The Indian Constitution’s enduring strength lies in its ability to adapt to the evolving needs of society. Through amendments, judicial interpretations, and the development of constitutional conventions, it has consistently responded to social changes, promoting equality, justice, and inclusivity. However, the process of constitutional change is often complex and contentious, requiring careful consideration of competing interests and values. Continued vigilance and a commitment to constitutional principles are essential to ensure that the Constitution remains a truly ‘living document’ for generations to come.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.