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I recently read an insightful book by Fali S. Nariman titled You Must Know Your Constitution. As the title suggests, understanding the constitution is crucial for everyone, as it directly impacts our daily lives. During a conversation with students, someone asked what the constitution offers to ordinary citizens. I responded by emphasizing the strong connection between the constitution and the people.

Nariman’s book begins with an illustration of R.K. Laxman’s famous depiction of the “common man” accompanied by the phrase, “to the little Indian in whom rests the future of the nation.” This reflects the core idea that the constitution is designed with the common person in mind. A closer look at the Preamble, Fundamental Rights, and Directive Principles of State Policy (DPSP) reveals that the Constitution is fundamentally focused on safeguarding the interests of ordinary citizens.

The Preamble introduces the values of Fundamental Rights and the DPSP. As Justice Jeevan Reddy noted in 1992, “The framers of the Constitution articulated its goals in the Preamble and outlined the methodologies for achieving these goals through the Fundamental Rights and DPSP.” The Preamble’s powerful opening, “We, the people of India…,” highlights that the authority of the constitution derives from the people, not the government.

Unfortunately, we are currently witnessing a shift of power from the citizens to government authorities. It is troubling that democratically elected leaders often use their constitutional powers to suppress the very people who elected them. Such leaders exploit constitutional mechanisms to undermine democracy, a worrying global trend indeed.

The Freedom in the World 2024 report by Freedom House shows a significant global decline in freedom for the 18th consecutive year. The report, which analyzed 195 countries, reveals that 52 countries experienced a deterioration in political rights and civil liberties. India is also in the bottom quartile. Amidst the conflict between citizens and government, courts have been playing an important role in maintaining constitutional balance.  The Supreme Court has the power to strike down laws or executive actions that violate fundamental rights by declaring them unconstitutional.

Nariman’s book highlights several landmark judgements of the Supreme Court that have played a crucial role in protecting the original spirit of the Constitution. Here are some important judgements which deal with the fundamental structure of the Constitution, the rights of women, the LGBT community, the industrial workers, and the students.

Kesavananda Bharati v. State of Kerala (1973): This landmark judgment established the “doctrine of basic structure”. The honorable Court curtailed the Parliament’s power to amend fundamental rights enshrined in the Constitution. The judgement reiterate the principle that the core values are sacrosanct and stressed that the parliament cannot alter the Constitutional principles such as democracy, secularism, and judicial independence. The judgement reiterated the judiciary’s role as a protector of constitutional integrity against potential legislative power.

Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978): The case arose when employees of the Bangalore Water Supply Board challenged heavy fines imposed on them for misconduct, claiming violations of natural justice. The Board argued that it was not an industry as defined by the Act, thus arguing that the Labour Court lacked jurisdiction. The Supreme Court

in a unanimous decision by a seven-judge bench, rejected the Board’s narrow interpretation of “industry” and emphasized a wider interpretation based on relationship between employers and employees. The judgement helped in strengthening the rights of  workers.

Unnikrishnan JP v. State of Andhra Pradesh (1993): This judgement is a major contribution to the field of education and constitutional rights in India, which has a huge implication for common citizens. The Supreme Court of India recognized the right to education as a fundamental right. The Court ruled that every child has the right to free education until the age of 14 and emphasized that the state has a constitutional obligation to provide free and compulsory education.

Visakha v. State of Rajasthan (1997): The Court addressed workplace sexual harassment and established the Visakha Guidelines to protect women’s rights and ensure safe working environments. The Court ruled that sexual harassment violates fundamental rights of equality, freedom of speech, and right  to life and liberty. The judgment paved the ways  for open deliberations on  gender equality and women’s rights in India.

Navtej Singh Johar v. Union of India (2018): The Court decriminalized consensual same-sex relationships by striking down parts of Section 377 of the Indian Penal Code, reaffirming the rights to equality and personal liberty. In a unanimous decision by a five-judge bench, the Court held that Section 377 violated the right to equality, prohibition of discrimination, freedom of expression, and the right to life and personal liberty given in the  Constitution. The judgement has gone a long way in improving the quality of life and dignity of people belonging to the LGBT community. Section 377 was fully replaced along with the rest of the Indian Penal Code by the Bharatiya Nyaya Sanhita (BNS) on 1st July 2024.

Indian Young Lawyers Association v. State of Kerala (2018): This ruling overturned the ban preventing women aged 10 to 50 from entering the Sabarimala Temple, declaring that such exclusion violated fundamental rights guaranteed under various articles of the Constitution. The Supreme Court ruled by a 4:1 majority that this exclusion violated fundamental rights such as right to equality, prohibition of discrimination, abolition of untouchability, and freedom of religion given under the Constitution.

These judgments, along with many more, demonstrate how the judiciary has acted as a caretaker of constitutional values, ensuring that fundamental rights are protected despite challenges posed by legislative actions and societal norms. The courts continue to play a crucial role in safeguarding the rights and freedoms of citizens, maintaining the balance between government power and individual liberties.

However, we need to remember that courts alone cannot improve the protection of constitutional rights. The constitutional duties of individuals and associations are equally important. In that context, I would like to end  with a famous statement of Gandhiji who emphasized the importance of duty over rights. He said, “If instead of insisting on rights everyone does his duty, there will immediately be the rule of order established among mankind. There is no such thing as the divine right of kings to rule and the humble duty of the ryots(farmers) to pay respectful obedience to their masters.”.

On this significant day, let us solemnly pledge to unite in understanding and upholding the values underlined in the Constitution.

DV Ramana

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