Constitution living document shaped by judicial review: CJI Gavai
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Nagpur:
Chief Justice of India
Justice Bhushan Gavai, delivering an address at Edinburgh Law School on Friday, described the Indian Constitution as a "living, organic, evolving document" that has consistently adapted to the nation's shifting socio-political realities, often through dynamic engagement between Parliament and judiciary.
The speech, titled 'Constitution as an Evolving Document', offered a rich historical and legal analysis of constitutional transformation across 75 years of India's democracy.
Justice Gavai highlighted that Constitution drafters themselves anticipated the need for change over time. "Dr Ambedkar rightly said we cannot bind future generations to the Constitution we adopt today. It must evolve with time," he said, citing Ambedkar's reply to critics during the Constituent Assembly debates on 25 November 1949.
The newly appointed CJI traced how early court rulings prompted immediate constitutional amendments.
One such example was the 1951 First Amendment, necessitated by judicial setbacks to backward class reservations and free speech restrictions. This amendment, signed by Prime Minister Jawaharlal Nehru, added Article 15(4) to empower the state to provide for marginalised sections and revised Article 19 to allow for speech-related restrictions concerning public order, state security, and international relations.
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Justice Gavai elaborated on the evolution of the amending power under Article 368. He cited Shankari Prasad (1951) and Sajjan Singh (1965), where Parliament's amending power was upheld, but noted that dissenting opinions — particularly by Justice Mudholkar — laid the groundwork for the Basic Structure Doctrine. This culminated in the historic 1973 Kesavananda Bharati verdict, where a 13-judge bench held that while Parliament could amend the Constitution, it could not alter its fundamental framework.
"Justice H R Khanna's balancing view, supported by both sides, became the law," he said.
He also referred to the 42nd and 44th amendments, the former inserting "socialist" and "secular" into the Preamble and restricting judicial review, and the latter restoring checks on Emergency powers post-1977. He noted how Minerva Mills reaffirmed judicial review as part of the basic structure.
Justice Gavai went on to describe amendments driven by social justice, including Article 16(4A) for reservation in promotions following Indra Sawhney, and Article 21A introduced by the 86th Amendment for free and compulsory education.
He spoke on the 10th Schedule to address defections, and 73rd and 74th amendments to empower rural and urban local govts, as envisioned by Mahatma Gandhi.
He also referenced the more recent 103rd Amendment providing reservation for economically weaker sections, and the 106th Amendment reserving one-third seats for women in Parliament and state legislatures — though pending implementation post-delimitation.
"Every major constitutional moment, whether from social movements, court judgments or political shifts, has contributed to shaping a Constitution that is dynamic, not static," he remarked. The session was attended by Justice Vikram Nath, faculty members, Indian consular officials, and legal scholars. Justice Gavai concluded by stating that the document continues to be relevant because "it breathes through interpretation and legislation.
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Key points from CJI Gavai's speech
Dr Ambedkar envisioned a flexible framework to serve future generations. Judicial rulings have historically prompted crucial amendments
Kesavananda Bharati established Basic Structure Doctrine, limiting Parliament's amending powers
Social justice has shaped amendments, including reservations and education rights.
Judicial review is a basic feature and cannot be abrogated.
Decentralisation through Panchayati Raj and urban governance was a Gandhian ideal.
Women's reservation law is a milestone awaiting implementation.
Parliament & courts together preserve constitutional balance.
Constitution evolves through continuous democratic dialogue
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