Crafting Constitutional Values: An Examination of the Supreme Court of India

Abstract

After much struggle, India won its independence from its British colonisers in 1947. But, its truly momentous reconception only emerged with the drafting and adoption of a Constitution, in 1950. The values that this chapter will discuss are the values of this Constitution, and their interpretation by the Supreme Court. The crafting of constitutional values like access to education for all Indians, equality between all citizens, and even a conception of ‘one people’ by the Supreme Court has enabled the re-imagination of Indian society. The Constitution’s idea of an egalitarian nation, defined by equality, fraternity and liberty have been given effect by the Supreme Court in ways that are unique to this court. It’s exposition of rights that are justiciable have included both political and civil rights, as well as rather unusually socio-economic rights. It is possibly the only apex court that has evolved its own appointment procedure, routinely assessed governmental policy, and also evolved relaxed locus standi requirements enabling rather radical public interest litigation. Section I will provide an overview of the Constitution of India, 1950 and the Supreme Court.Section II discusses the formulation of constitutional values – by examining creation of constitutions, conceptions of ‘the people’ and the Preamble to the Indian Constitution. The Preamble, adopted by ‘We the People’ of India, is important since it has been utilised by the Supreme Court to interpret and craft constitutional values. Section III is entitled ‘Fundamental Rights’ and is the heart of this chapter. It commences with a discussion of the Directive Principles of State Policy. It then proceeds to examine some core Indian constitutional values that have arisen from first: the rights to life, second: education, third: family and community, fourth: freedom and independence, fifth: sustainable development and environment, sixth: tolerance and education, seventh: justice, eighth: democracy and ninth: secularism. Section IV discusses ‘prioritisation’ by the Supreme Court in the context of two clear jurisprudential strands. First is the ‘basic structure doctrine or the unamendable core of the Indian constitution. The second is the use of Fundamental Rights to interpret Directive Principles of State Policy.