Constitutional Musings

A LEGAL DOCUMENT, even if it sets down the constitution of a country, is at the end of the day, just that – a document.

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It acquires its élan vital not so much from the original intent of its makers as from the sincerity with which it is implemented. Indeed, as even B.R. Ambedkar – one of the main architects of our constitution - pointed out, a poorly drafted constitution may turn out to be good, if the people implementing it are good; on the contrary, a perfectly well drafted statute, may prove to be a dead letter if the people implementing it disregard its basic principles.

In order to remain relevant, a constitution has to be flexible and accommodate change. Contrary to a certain political perception, therefore, a constitutional amendment should not be frowned upon, if it is enacted to enable society to adapt to new circumstances. That is why the document itself specifically prescribes an elaborate process for amendment.

Amendments in fact should be the least of our worries. The recently concluded session in Parliament points to a much larger crisis: lack of sincerity on the part of our legislators. Over the years, continuous disruptions and protests have rendered Parliament totally dysfunctional and impotent. A forum, meant for serious deliberations, is now continuously subverted from within and prevented from performing its most basic function.

CODE OF CONDUCT FOR OUR LEGISLATORS