The program consisted of interactive sessions covering various topics related to the Constitution, which provided the participants with a comprehensive understanding of the constitutional journey and its latest developments. Spanning panel discussions and guest lectures delivered by renowned constitutional scholars, legal experts, and practitioners, the participants gained insights into various aspects of the Indian Constitution, its history, and its nature.
In the keynote address delivered by Justice Hima Kohli (Retd.), Judge, Supreme Court of India, emphasised the living nature of the Indian Constitution as it has been constantly evolving with the needs and aspirations of its people. It facilitated the remarkable journey of India’s democracy, navigated formidable challenges, and adapted to a new dimension of governance and rights. She explained that a living constitution meant an adaptable document, as envisioned by Dr Ambedkar. It was a dynamic framework, responsive to social, political, and economic changes.
“As we reflect on the Indian Constitution, it is a document that is not merely a static legal text, but a living instrument of governance.”
She highlighted the landmark case of Kesavananda Bharti that laid down the doctrine of basic structure and reinforced the idea that the Constitution was neither immutable nor subject to the whims of transient majorities. Further, the Constitution’s flexibility was evident in its ability to adapt through various amendments that dealt with contemporary challenges.
“Over the decades, it has facilitated the remarkable journey of India’s democracy, navigated formidable challenges, and adapted to a new dimension of governance and rights.”
Justice Kohli underscored that judicial interpretation had also played a pivotal role in maintaining the Constitution’s relevance by employing several doctrines to ensure that the provisions were not interpreted rigidly. Similarly, the ever-evolving concept of constitutional morality acts as a guiding principle in interpreting the Constitution and ensuring that laws and policies align with the core values enshrined in the document. In this regard, she cited several examples, such as the decriminalization of gay sex under Section 377, upholding gender equality over religious orthodoxy in the Sabarimala case, and upholding affirmative action of reservations.
“Constitutional morality requires institutions and individuals to uphold the essence of democracy. Even in the face of majoritarian pressure, it necessitates that governance be conducted in a manner that respects the constitutional spirit rather than mere textual compliance.”
While speaking at length about reservations, Justice Kohli highlighted several challenges facing its intended purpose, such as equitable distribution of benefits, balancing meritocracy and social justice, the role of the private sector, and over-reliance on reservation as the sole solution. She stated that there was a need for a multi-pronged approach that combines education, skill development, employment support, encouraging entrepreneurship, and economic empowerment with reservation policies.
“The greater concern is whether reservation policies have truly reached the most disadvantaged sections of the society.”
“The challenge lies in striking a balance where affirmative action fosters inclusivity without undermining overall institutional efficiency.”
Exploring the challenges to constitutional democracy, Justice Kohli shed light upon healthy friction between judicial independence and executive overreach, federalism and Centre-State relations, and balancing fundamental rights and national security.
Concluding her enlightening speech, she reflected on the resilience of India’s democracy, emphasizing the Constitution’s role in guiding the country through challenges and reforms. She stressed the importance of vigilance, participation, and commitment to the constitutional values of justice, liberty, equality, and fraternity. Lastly, she remarked that by reinforcing institutions, fostering informed public discourse, and ensuring that laws remain just and equitable, India can continue to uphold the constitutional vision of a democracy that is not only limited to the government and enduring but also transformative.
“While the framers of the Constitution envisioned a document flexible enough to accommodate changing societal needs, they also embedded safeguards to prevent arbitrary alterations that could compromise its fundamental principles.”
“The resilience of any democracy is measured not just by its ability to withstand challenges, but by its capacity to learn, to reform, and strengthen itself through constitutional mechanisms.”
