Wednesday, January 27, 2021
Home India Contemplating the Indian Constitution In Two Different Ways

Contemplating the Indian Constitution In Two Different Ways

The Two Different Perspectives To Understand the Indian Constitution


The Indian Constitution can be viewed in two particular ways. The Conservative Constitution and the Transformative Constitution. One sounds more of criticism and the other to be appealing towards Constitutional measures. They both make sense in their own way.

Conservative Constitution:

Basically, this says that nothing progressive happened with the Constitution of India. The power which was in the hands of the British was just transformed into the hands of Indians.  There is still indifference in New India even though the constitution was created to overcome it. It focuses on the nation rather than the individuality of every citizen. Gautam Bhatia in his book- ‘The Transformative Constitution’ mentions that this can be viewed as extending the country’s power through colonization for various factors, just like the British did. The book also explains about the dissent between Justice Shah and Justice Bose. Both consider the baseline for their argument as understanding history and constitutional theory.

Justice Shah finds that the Indian Constitution just had a change in form and was given a new shape. But deep down, the application and execution of actions remain the same. His perspective towards the constitution was that it is conservatism and continuity. According to Justice Bose, the historical theories were wiped out by the creation of the constitution. A new order was brought which makes it transformative, which had a vision of progression. 

It’s ironic to say that constitution is transformative in nature because the Constituent Assembly had borrowed from the Government of India Act, 1935. 75% of our Constitution is based on the colonial laws which we had already gone through during the invasion of the British. Factually, it is the Westminster system of parliamentary democracy modeled by the United Kingdom. Indians were not independent in the past, even today Independence is just in the papers. The constitution can be defined as a polished framework of the governing body.

75% of our Indian Constitution is based on the colonial laws. Pixabay

Transformative Constitution:

It proves that the Indian Constitution has evolved into a radical body, with objectives of betterment and welfare. The term democracy has brought into action, we have Universal Adult Franchise. The aspects like political, social, and economic equality, liberty, justice make a huge difference in this era when compared to the past. There were social hierarchies, differentiation with respect to sex, religion, creed, etc. The fact that the constitution itself was formed to get rid of these makes it transformative. Constitution visions for a transformation in the nation, this fact again makes our constitution transformative.

Also Read: UN Agencies Urge People to Reduce Food Loss

It is still striving for a legal relationship between the individual and the state. We were not even in a Republic in the past, now we are here and it’s all because of the constitution. For example- The Sati system wasn’t even considered as a major thing back then, now we have law and order, a courtroom that decides to punish this heinous act. There are many numbers of examples to prove this. In curtness, this point of view says that our Constitution is in the direction of egalitarianism and progressive transformation.



Most Popular

High Omega-3 Levels Reduce The Death Risk In Covid

People with higher omega-3 levels in their blood may have a reduced risk of death from Covid-19 infection, a new study suggests. The findings, published...

People Hesitant To Visit The Emergency In USA For Children

Nearly one in four families in the USA had said that they would be unlikely to bring their child to the emergency ward if...

UNEP Says There Is An Increase In Climate Litigations

Climate litigation cases have spiked in recent years, making the courtroom increasingly relevant to efforts to address climate change around the world, an UN...

Study Links Light Pollution And Preterm Birth

Light pollution, based on a direct measure of skyglow, could increase the likelihood of preterm birth, a new study suggests. The study, published in the...

A Farmer Protest Timeline: How Things Turned Violent In Delhi On R-Day

Farmers, who were seen as friendly and peaceful for more than 60 days as they waited for the government to accept their terms, suddenly...

Happy Childhood May Lower Drug Risk Among Teens

If your teenage child has memories of a happy childhood, they are less likely to indulge in drinking or substance abuse and enjoy learning,...

Priyanka Chopra: Its Enlightening To Understand The Importance Of Women In Leadership

Actress Priyanka Chopra Jonas is celebrating the women who helped in drafting the Indian Constitution and says it has been enlightening to understand the...

72nd Republic Day: Time For A Patriotic Musical Rewind

As India celebrates 72nd Republic Day on Tuesday, it is time for a musical rewind of Republic Day songs. There are countless classics that spring...

Recent Comments