The Constitution as India’s living conscience

As the 50th Chief Justice of India, Justice DY Chandrachud delivered some ground-breaking rulings covering a myriad of issues. His judicial career spans over 25 years, where some of the most path-breaking judgements of contemporary constitutional history find their way. After his retirement in November 2024, speculations were ripe regarding the next phase of his public life. Now the former CJI is seen in a new avatar of an author. His debut book Why the Constitution Matters was released in August 2025.

This book serves not only as a commentary on constitutional law; rather, as the author articulates, “The Constitution evolves through living conversations, and constitutional discourses extend beyond the courts.” Justice Chandrachud explores the deep significance of the Constitution in defining the identity and governance of the nation. This enlightening work provides readers with a nuanced perspective on the Constitution’s role in safeguarding fundamental rights, ensuring justice, and upholding the rule of law. The author draws upon his experience as a judge, making intricate constitutional principles accessible to both legal experts and ordinary citizens. Through captivating narratives and real-life examples, he demonstrates how the Constitution influences daily life.

The book serves not merely as a collection of judgements and lectures but rather as an exploration. Chandrachud encourages us to accompany him as he reveals the essence of the Constitution through narratives, practical illustrations, and instances from the courtroom that radiate with human experience.

Regardless of whether you are a law student, a teacher, a practising advocate, or an individual seeking to understand why a 75-year-old document continues to influence our lives and aspirations, his expressions resonate deeply within you. The organisation of the book resembles a sequence of interconnected dialogues. Each chapter delves into a specific theme, though there are some overlaps, while collectively they create a narrative about India’s constitutional

evolution, emphasising that this document is not merely static text but a dynamic, evolving commitment. In the initial stages of constitutional development, the Constitution of India was perceived as a political document that conferred civil and political rights absent under colonial rule. Over time, the Constitution evolved to be recognised as a social document based on the principles of equality and justice. It feels as though the author is conveying to us: “This is not merely history-it pertains to your present and your future.” The book offers extensive elaboration on constitutional law, constitutional interpretation, and various other essential elements required for the effective functioning of the Constitution, which is characterised as a living instrument. The author references Professor Philip Bobbitt to elucidate the typology of constitutional argument-whether it be textual, structural, prudential, historical, or ethical. In the initial chapter, several judgements are presented that elucidate various methods of delivering sound to what is referred to as “constitutional silences.” Furthermore, it also emphasises the necessity of constitutional abeyances.

This delicate equilibrium is what upholds the legitimacy of a constitutional order. The author dispels the misconception that the Indian Constitution is merely a borrowed document. For example, instead of being derived from the American Bill of Rights, the fundamental rights outlined in Part III have their origins in the Constitution of India Bill of 1895. More such historical anecdotes can be found spread across the entire book.

In the chapter titled “Rule of Law,” the author emphasises the significance of Justice Khanna in the notorious ADM Jabalpur case and how The New York Times praised him by stating, “If India ever finds its way back to freedom and democracy, someone will erect a monument to Justice H. R. Khanna.”

This chapter further stresses that no institution established by the Constitution can possess absolute power, which is why judicial review remains a crucial aspect of the rule of law and the separation of powers. Through rulings such as Kalpana Mehta vs UOI, the doctrine of separation of powers has evolved, reflecting Indian society’s progression towards justifications and rights under the law. The chapter titled “Inventing & Reinventing Constitutional Identity” warrants thoughtful consideration.

The identity of a constitution is shaped by experience, which extends beyond mere abstractions and is rooted in the historical context and aspirations of a nation. Numerous landmark cases exemplify this, such as the Joseph Shine case, where the Supreme Court dismantled stereotypes associated with a married woman’s identity. Notably, Justice Chandrachud, as part of the Bench, remarked that “the husband is not the owner of the wife’s sexuality.” In the Navtej Singh Jauhar case, the Court acknowledged the constitutional commitment to addressing the issues faced by minorities, specifically sexual minorities in this instance. The Sabarimala case presented a clash between religious practices and the assertion of women’s dignity in matters of faith and worship. Furthermore, in the Aadhaar case, Justice Chandrachud delivered a minority judgement (4:1), deeming Aadhaar unconstitutional due to its passage as a money bill, which undermined the fragile balance of bicameralism, in addition to the complexities surrounding identity conflation inherent in this case.

An intriguing chapter titled “Feminist Lawyering & Judging” seeks to address the question of whether feminism contributes to the process of judging. While employing feminist reasoning, it advises against the use of unconstrained discretion. The degree to which feminism aligns with judging is contingent upon our understanding of feminism, and its appeal lies in its ability to embrace and accommodate a variety of approaches.

The author cites several feminist scholars to substantiate his point. However, these approaches must always be subordinate to judicial norms, remaining within the confines of the judicial framework.

Concerning the unavoidable relationship between law and culture, Chandrachud states, “Culture introduces a subjectivity into law, thereby expanding its learning.” The concept of intersectionality is vividly explored in the book, accompanied by significant examples and references from academic scholars. This level of insight is to be anticipated from a scholarly judge in his inaugural publication.

Constitutional law may be considered a specialised technical field; however, this book does not obscure itself with legal jargon. Instead, it explores the reality that a constitutional right is not merely an abstract concept, but rather a transformative force that addresses the numerous inequalities that separate us. This is a matter that influences whether your personal information remains under your control, or whether dissent is permitted to exist within a bustling democracy. Much like art, the Constitution acts as a unifying document that brings us together and establishes a framework to tangibly realise the abstract promise of our shared vision.

Through the interpretation of the Constitution, we breathe life into it, thereby shaping our identity as a society that adheres to its principles. Why the Constitution Matters is not merely a text for legal experts; it is essential reading for anyone who cherishes democracy, justice, and the rule of law. It is intended for anyone who has ever taken a moment to reflect: What is it that holds this chaotic, diverse, and perpetually disputatious nation together?

(Kanishk Shekhar, is a columnist and also teaches students preparing for Civil Services Exam)