CONSTITUTIONAL ADJUDICATION BY THE SUPREME COURT

The Apex Court has now shifted to panchayati eclecticism which is result oriented and thus depends on the whims and fancies of different benches in the Supreme Court.

My disagreement is that as constitutional adjudication affects varied aspects of people in different capacities therefore there can be no fixed or rigid rules of interpretation. While the historical interpretation leans on the meaning at the time of the framing of the Constitution and textual interpretation depends on the present sense of the text. I believe an attempt should be made to read the provisions not only in their original social and linguistic context but in its modern context or in a way that mediates between the two. The current phase of the Supreme Court gives the language of the Constitution a liberal construction so as to include within its ambit future developments than in restricting the language to the state of things existing at the time of passing of the Constitution. 

Trans formative constitutionalism is a concept which provides that the constitution is not stagnant as it is a living entity and the interpretation of the same changes which changing scenarios in the society this makes it difficult for the court to have a single opinion and to stick to it over a period of time which may explain the varied approach of court in interpreting the constitutional document. This approach and its adoption can be seen by the Supreme Court of India in the case of Navtej Singh Johar Vs. UOI[1] the court relied on foreign judgments to prove the point that the Indian Constitution has a transformative element attached to it thereby meaning that the Constitution as a document is a living entity the meaning and interpretation of which changes with the change in society. Even the case of Joseph Shine Vs UOI[2] relies heavily on the notion of transformative constitution and Sabarimala as well relies upon the primacy of constitutional morality which is indeed a facet of transformative constitutionalism.  K.S. Puttaswamy v. Union of India[3]  the leading case on privacy also reads Article 21 in the light of changing times.

Although, we have frequently amended the Constitution it was intended by the framers to serve for a long time without frequent revision. It was not designed just to meet the needs of the day when it was enacted but also the needs of the altering conditions of the future. In the interpretation of constitutional documents way back in 1994 it was said that “words are but a framework of concepts and concepts may change more than words themselves”. The significance of the change of the concepts themselves is vital and the constitutional issues are not solved by a mere appeal to the meaning of the words without an acceptance of the line of their growth. It was said by the Supreme Court in R.C. Poudyal Vs. UOI[4] that “the intention of the Constitution is rather to outline principles than to engrave details”. John Marshall, the fourth Chief Justice of the United States, stated that “a constitution's "great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves."

Thus the conclusion that can be deduced is that no fixed principle, can beneficially serve constitutional adjudication. Neither the textual interpretation nor structural or any other interpretation singly or collectively is enough for a sound constitutional adjudication. Reason being that a Constitution is composed more significantly of principles than rules. This provides judges some amount of discretion in the matter of interpretation of constitutional provisions but this does not mean that they may rely on their own value preferences in construing constitutional provisions. Constitutional provisions are “great generalities” and can be “great ambiguities” as well. The provisions are ambiguous in the sense that in each case the judge is called upon to furnish his own meaning but they cannot be called “vague” because they are sufficiently meaningful concepts capable of lending guidance to enable the judge to operationalize constitutional guarantees.

 



[1] (2018) 1 SCC 791

[2]  (2018) 2 SCC 189

[4] R.C. Poudyal v. Union of India, 1994 Supp (1) SCC 324 


Comments

Popular posts from this blog

Teacher As: Critical Pedagogue

ROLE CONFLICT PROBLEM AMONG WORKING WOMEN

Rights and obligations of Issuer, Participant and Beneficial owner under the Depository Act, 1996