Focusing on the living constitutionalist perspective, the author states that ‘the interpretation of the Constitution cannot be confined to its original understanding.’ It should adapt to the evolving changes within society
‘75 Years of the Constitution — The Supreme Court’s Role in Promoting Constitutionalism’ is a publication by Senior Advocate V Sudhish Pai, commemorating 75 years of the Indian Constitution and the Supreme Court. The author is a prominent jurist with expertise in Constitutional and Administrative law, boasting over 40 years of experience at the Bar. His writings have been referenced by the Supreme Court and various High Courts, and he has made notable contributions to academia, especially in the field of critical constitutional analysis. This book serves as a tribute from a learned jurist to the development of the Constitution and the crucial role undertaken by the Supreme Court.
A Constitution reflects the hopes and aspirations of the populace. Its interpretations influence the existence of a nation. Law, as it is often stated, serves as the glue of society and is also a crucial vehicle for transformation. It acts as the instrument for organising the life of a nation and its citizens, as well as the interactions between individuals and between individuals and the State. The book commences with a theoretical jurisprudential framework explaining the fundamental concepts such as Constitutional morality, Constitutionalism, the formulation of the Indian Constitution, and a summary of the essential provisions within the Constitution.
The author notes that the Indian Constitution was not created on a ‘tabula rasa’; rather, the constitutional experiments represent a narrative of statesmanship, hope, and faith. Laws cannot be regarded as mere abstract propositions; they are reflections of policy that emerge from specific circumstances. The author elucidates that there are established principles that direct the courts in matters of constitutional interpretation-conceptual frameworks such as harmonious construction, the doctrine of pith and substance, colourable legislation, the doctrine of repugnance, the doctrine of eclipse, and severability are clarified with illustrative examples. Focusing on the living constitutionalist perspective, the author states that ‘the interpretation of the Constitution cannot be confined to its original understanding.’ It should adapt to the evolving changes within society. In modern times, as we observe broad interpretations of rights leading to the development of numerous implied fundamental rights, the author highlights a crucial point: The rule of law and the rule of life must coexist harmoniously. This book includes a chapter dedicated to constitutional interpretations and expositions, highlighting the importance of reading beyond the text. Sudhish Pai elaborates on how courts have synthesised and harmonised Part III (Fundamental Rights) and Part IV (DPSPs). Examining both parts in conjunction has broadened the scope of rights. However, the book cautions that courts should refrain from venturing into uncharted territories, as they often lack the expertise and familiarity with numerous issues that they are ill-equipped to address.
This is expected from an acclaimed legal philosopher and a profound observer of constitutional law who asserts that frequently invoking constitutional morality to annul laws is akin to treading on thin ice. Part B of the book focuses on the landmark judgments of the Supreme Court, assisting readers in understanding how the judiciary has not only interpreted the law but has also served as the guardian of the Constitution and a protector of individual liberties.
These judgments have advanced the law and transformed constitutional phrases into tangible realities, thereby enhancing their significance for the populace. Concurrently, the author has emphasised certain evidently misguided decisions that represent a self-inflicted injury and a disservice to both the judiciary and the nation. A fair evaluation of the Court’s activities is essential for providing an accurate and cohesive representation of the law. Sudhish Pai has presented 75 years of the Constitution and the Supreme Court in a more accessible and enjoyable form of English. The cases, ranging from Golaknath to Charles Shobhraj, encompass a broad spectrum of constitutional matters. This book reflects the essence of our nation and reveals our true identity! We come across a series of successive rulings in the book, where the judiciary has obscured the distinctions between civil-political rights and socio-economic rights, acknowledging that the fulfilment of both is essential for the comprehensive development of individuals and society.
This work presents a captivating exploration for anyone intrigued by the journey of the foundational document of the world’s largest democracy. The judgments that the author has meticulously compiled and elucidated serve as a valuable source for study and analysis. Scholars, legal professionals, students, and the general public will all find merit in this endeavour, which stands as a commendable tribute to commemorate the 75-year milestone of India’s journey as a constitutional republic. Sudhish Pai is part of the distinguished lineage of prominent commentators such as DD Basu and HM Seervai, whose contributions are significant. His efforts towards fostering a robust and informed discussion on essential constitutional law matters are praiseworthy. His book is a collector’s edition that will serve as a genuine handbook for both students and researchers.
Title: 75 Years of the Constitution
Author: V Sudhish Pai
MRP: Rs 995
Page Extent: 324
Publisher: OakBridge
(Kanishk Shekhar is a columnist and also teaches students preparing for the Civil Services Examination)