3.1.2. Evolution as an Ongoing Process
Mr. Justice H. R. Khanna in his ‘Making of Constitution’ said: “The framing of a Constitution calls for the highest statecraft. Those entrusted with it have to realize the practical needs of the government and have, at the same time, to keep in view the ideals, which have inspired the nation”. |
A Constitution has to be a living thing, living not for one or two generations but for succeeding generations of men and women. It is for this reason that the provisions of the Constitution are couched in general terms, for the great generalities the Constitution have a content and significance that vary from age to age and have, at the same time transcendental continuity about them. A Constitution states, or ought to state, not the rules of the passing hour, but the principles for an expanding future.
A Constitution is lent the vitality of a living organism owing to two given innate features of a Constitution:
1. It is open to constant changes. Whether by ratifying the Constitution by a new amendment, or by repealing an existent amendment.
We will take few examples to ascertain our point:
a) The 42nd constitutional amendment mentioned explicitly the concepts of secularism and socialism as a part of the Constitution.
b) Article 15(4) was added by the 1st constitutional amendment act and provides for affirmative action for socially and economically backward sections of society or for SC/STs.
c) Similarly, Article 15(5) provides for affirmative action for socially and economically weaker sections of society in educational institutions, whether aided or unaided. Article 15(5) was added by the 93rd constitutional amendment act.
2. Additionally, the Constitution is open to constant interpretation by the Supreme Court. This feature allows the Supreme Court to accord such interpretations so as to make the Constitution:
a) Increasingly relevant to the time and tenor of the contemporary reality
b) Reflect to maximum extent possible, needs and aspirations of the people.
Again, the following examples illustrate how the Constitutional provisions have been added, modified and reinterpreted to fulfil the needs of the time and aspirations of the citizens: