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70 Years of Indian Years of Indian

Constitution
Constitution

f institutions enable reforms, then, today, India’s edifice If institutions enable reforms,
behind all institutions is the Constitution. Everything
else is a derivative. The Constituent Assembly then, today, India’s edifice behind

Iadopted the Constitution on 26th November 1949 all institutions is the Constitution.
and it entered into force on 26th January 1950. There Everything else is a derivative
was a Constitution in 1950 and there have been 103
amendments. Constitutional amendments are important
is a living document.
reflections of reforms. Participating in the Constituent
“We, the People of India”, gave ourselves this
Assembly Debates on 8th November 1948, Jawaharlal
Constitution. Through Parliament, with ratification by
Nehru said, “One is this: that while we, who are assembled
State Legislatures when needed, we should have the right
in this House, undoubtedly represent the people of India,
to amend it, as and when circumstances change. Indeed,
nevertheless I think it can be said, and truthfully, that when
today’s Constitution is not the one adopted in 1950. And one
a new House, by whatever name it goes, is elected in
may argue that Amendments 1, 4, 7, 17, 24, 25, 26, 29, 34,
terms of this Constitution, and every adult in India has the
40, 42, 52, 61, 73, 74, 76, 80, 86, 91 and 101 were major.
right to vote - man and woman - the House that emerges
Schedule 9, chipping away at property rights, freedom
then will certainly be fully representative of every section
of speech and equality before the law, reorganization
of the Indian people. It is right that that House elected so -
of States along linguistic lines, changing the Preamble
under this Constitution of course it will have the right to do
(socialism, secularism), anti-defection law, reducing voting
anything - should have an easy opportunity to make such
age to eighteen, recognition of local bodies, sharing taxes
changes as it wants to. But in any event, we should not
between Union government and State governments, Right
make a Constitution such as some other great countries
to Education, restriction on size of Ministries and GST.
have, which are so rigid that they do not and cannot be
Most people, who are not judges or lawyers, will agree
adapted easily to changing conditions. Today especially,
these major amendments altered the basic structure of the
when the world is in turmoil and we are passing through a
Constitution. In the list of amendments listed above, those
very swift period of transition, what we may do today may
till the 29th are pre-1973 and subsequent ones are post-
not be wholly applicable tomorrow. Therefore, while we
1973. 1973 is a threshold because that’s the year of the
make a Constitution which is sound and as basic as we
Kesavananda Bharati versus State of Kerala judgement
can, it should also be flexible and for a period we should
by Supreme Court, ruling that the “basic structure” of the
be in a position to change it with relative facility.” To use
Constitution cannot be changed.
an expression, we are all familiar with, the Constitution
Consider the following. First, there was a 13-judge

62 70 Years of Indian Constitution