The Indian Constitution: A tumbler both half full and half empty
Abstract
The Indian Constitution, a remarkable document that has withstood the test of time, is often debated in terms of its effectiveness in realizing its foundational objectives. At seventy-three years since its adoption, the Constitution continues to shape the nation’s democratic and legal framework, yet significant challenges persist. While its survival defied early predictions of failure, mere endurance is not the sole measure of a constitution’s success. The real test lies in its ability to uphold justice, liberty, and equality while adapting to the evolving socio-political landscape of India. This paper critically examines the extent to which the Constitution has achieved its intended goals and highlights areas where it has fallen short. It discusses social movements such as labor, Dalit, environmental, and women’s rights movements that have continuously shaped constitutional discourse, often exposing gaps in the system. The paper also explores structural issues, including the excessive length and complexity of the Constitution, ineffective implementation of Directive Principles of State Policy, outdated provisions inherited from colonial-era laws, and the need for reforms in reservations and economic policies.
A key concern raised is whether the Constitution truly reflects the will of the people or if it has become a tool for political maneuvering. The discussion extends to the need for clearer constitutional morality, a more participatory democracy, and a stronger alignment between fundamental rights and directive principles. Issues such as judicial review, religious and caste-based privileges, and evolving governance challenges are also analysed. The study concludes that while the Constitution remains a robust framework for governance, critical reforms are necessary to ensure its continued relevance in addressing modern socio-economic realities. India’s constitutional journey is thus a paradox—both a success and a work in progress.
References
Government of India Act 1935
Geeta Ramaseshan, ‘Property under socialism’ The Hindu (20 February 2016) Geeta Ramaseshan reviews The Indian Constitution and Social Revolution - The Hindu. (Last visited at Jan. 10, 2023)
The State of Madras vs Srimathi Champakam 1951 AIR 226, 1951 SCR 525
A.K. Gopalan vs The State Of Madras 1950 AIR 27, 1950 SCR 88
N.M.Varchaswini, ‘INDIAN CONSTITUTION — A SOCIAL REVOLUTION’ (Medium, 15 June 2019) < https://medium.com/@varchaswini.444> accessed 15 March 2021>
Berihun Adugna Gebeye, ‘The Potential of Directive Principles of State Policy for the Judicial Enforcement of Socio-Economic Rights’ (icl-journal.com) accessed 3 April 2021