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Constitution day: Changing nature of observance through The Hindu's eyes (1979-2024)

Story so far: India celebrated its 75th year of adoption of its Constitution on Tuesday (November 26, 2024) with President Droupadi Murmu addressing a joint session of parliament. While the Constitution of India hits its diamond jubilee this year, event commemorating is as 'Constitution Day' was started only in 2015. Prior to this, it was called 'National Law Day' -- first initiated by former Supreme Court Bar Association (SCBA) president Laxmi Mall Singhvi in 1979. "The Indian Constitution is a live, progressive document," said Ms. Murmu adding, "I urge all citizens to imbibe the constitutional ideals into their behaviour and do their fundamental duties, and work towards achieving the national goal of a developed India by 2047." She also listed several achievements of the government through the years for easing lives of poor, women, working-class etc. On the other hand, the Leader of the Opposition in Lok Sabha Rahul Gandhi paid tribute to the Constituent Assembly, which framed the Constitution, reiterating his resolve to protect it. "The Constitution is a powerful tool to protect the poorest and most vulnerable sections of society. The stronger it is, the stronger our country will be," posted Mr. Gandhi on X. Watch: The story of India's Constitution1979 - 1984: Platform to judicial raise concerns Kicking off a new tradition in 1979, former Lok Sabha member and advocate Dr. Singhvi, who presided over the SCBA then, founded the idea of 'Law Day' to mark the adoption of the Constitution . At the inaugural event, he espoused the idea of observing Law Day not just by the Supreme Court and High Court bar associations, judges and staff, but also by every district and mofussil (provinces) having a group of lawyers and judges. Highlighting the significance of the day, Mr. Singhvi said that Law Day must be used by the legal community to find ways to improve the judicial system, to strengthen the lawyer-judge relationship, promote judicial independence, legal freedom and instill confidence of the system in the public. The Hindu's article dated November 27, 1979 on start of the National Law Day | Photo Credit: The Hindu archives Lamenting at inadequate emoluments and conditions of judges and lawyers, he said, "The Bar must educate public opinion on the issues and pressure Government and legislatures in these matters". Then Chief Justice of India (CJI) Y.V. Chandrachud said that the Constitution required a second look and the judicial process could be made both "swift and just" with determination and imagination by breaking away from indifference and ancient prejudices. Through the years of his tenure as CJI, Justice Chandrachud, who presided over the annual 'Law Day' celebrations, asserted on the corrective role the Supreme Court played against excessive powers, protection of minorities, inadequacy of judges and the staggering cases pending with the Court. He also voiced his grievances with the Centre involving transfer of High Court judges, inadequate salaries and executive overreach. In his 1982 National Law day speech, he pleaded for the early creation of 'national tribunals' for tax, services and labour. "These tribunals can be considered as forming a wing of the Supreme Court itself and for this constitutional amendments could be made," he said. He also pushed for usage of scientific methods to improve record-keeping, efficiency and ease access to legal documents. The Hindu's article dated November 26, 1984 | Photo Credit: The Hindu archives PM Modi, RSS strengthening wall obstructing path of SCs, STs, OBCs: Rahul Gandhi1985-1998: Face-off between judiciary and executive Justice Chandrachud's successor, P.N. Bhagwati, took upon the mantle of highlighting the role judiciary played in upholding Constitutional values, voice the judiciary's concerns and needs. In his first speech as CJI, he lamented, "Courts are creaking under weight of case arrears," adding, "it is not possible to cope with the large inflow of cases in the subordinate courts" until structural changes were brought in". Criticising his own court, he said that the Supreme Court had "virtually become a court of special leave petitions arid interim orders", batting for a judicial policy to ascertain which kind of cases could be entertained by the Supreme Court. The Hindu's article dated November 26, 1985 | Photo Credit: The Hindu archives In 1997, then CJI J.S. Verma, underlined the judiciary's role in 'public interest' without laying undue stress on 'separation of powers', while appealing to lawyers to not misuse 'public interest litigation' (PIL) and abuse the process of law. Then SCBA president Kapil Sibal highlighted the phases through which the Supreme Court's functioning has evolved since 1950s namely the 'conservative phase', 'liberal phase' and 'the phase relating to underpinning the morality and accountability in the functioning of various institutions and state authorities under the constitution'. "Today not merely the political but the entire system including the judiciary is under test reminding us of the duties cast upon us. As the Prime Minister, I am conscious of my duty to the nation and the constitution. For whatever reasons, the courts have been unsuccessful in solving cases as quickly as possible," said then PM I.K. Gujral at the Law Day event. The Hindu's article dated November 26, 1997 | Photo Credit: The Hindu archives 1999-2014: Increasing political participation in Law Day As governments changed from the Congress, to the Janata Dal-led coalition and the BJP-led coalition, the Prime Minister's involvement in these events increased. Release of a new commemorative stamps and coins, addresses by eminent international jurists apart from the nation's top polity too increased. The Hindu's article dated November 26, 1999 | Photo Credit: The Hindu archives Marking the golden jubilee of the Constitution's adoption in 1999, then Vice-President Krishna Kant said, "The parliamentary system of democracy which we have deliberately chosen for ourselves and have operated these past 50 years has managed to work due to remarkable thanks to the statesmanship and remarkable tolerance of all the three organs of the state." Then CJI A. S. Anand sought more fund allocation for judiciary, filling up of vacancies and backlog of cases. As power changed hands from the BJP to the Congress in 2004, addresses by the CJI and politicians on these events became more forceful. In 2004, then CJI R.C. Lahoti warned judges sternly saying, "no incident of corruption shall be tolerated and anyone prone to corruption had no place in the system". He also sought the government's aid in creating a special cell for judicial administration, human resource development, information technology and clearing appointment of judges recommended by the Supreme Court collegium. The Hindu's article dated November 26, 2005 | Photo Credit: The Hindu archives His successor, Y.K. Sabharwal, fiercely took on the executive on its role and over-reach. He asserted, "we are not treading on toes of legislature, executive," adding, "In the very nature of our duties, someone is bound to be displeased but that is unavoidable". His remarks were in response to Union Law Minister H.R. Bhardwaj's statement on judicial overreach. "We hear criticism that the executive is running the country at the expense of Parliament or that the courts are running the country at the expense of Parliament and the executive," opined Mr. Bhardwaj. The Hindu's article dated November 26, 2008 | Photo Credit: The Hindu archives Pendency of cases which still plagues the judiciary continued to be the topic raised by most CJIs in their Law Day addresses. In 2008, then-CJI asserted, "The question of delay and arrears is often highlighted without analysing its causes, thus putting the entire blame on the less than 14,000 judges". As the face-off between the Centre and judiciary over appointments continued, Mr. Bhardwaj used the Law Day event in 2008 to clear the air. "There is no proposal to change the procedure based on the collegium's recommendation as it is transparent," said Mr. Bhardwaj. A rare 'breach' of decorum happened in 2012 when CJI Altamas Kabir and his companion judge staged a 'walkout' for a few minutes, before Attorney General G.E. Vahanvati defused the situation. The 'walkout' occurred as advocate K.C. Kaushik, former treasurer of SCBA who had been suspended, refused to handover the microphone to SCBA president P.H. Parekh to the annoyance of the judges. 2015-present: 'Law Day' to 'Constitution Day' In his first term as Prime Minister, Narendra Modi refashioned 'National Law Day' as 'Constitution Day' (Samvidhan Diwas). While laying foundation to a memorial to Babasaheb Ambedkar at Mumbai's Indu Mill compound in 2015, Mr. Modi announced that November 26 would be celebrated as 'Constitution Day' (Samvidhan Diwas). The year coincided with the year-long celebration marking the 125th birth anniversary of Dr. Ambedkar. As part of the celebrations, the Centre instructed all schools, colleges to read of the Preamble, organised essay competitions, quizzes and lectures on the Indian Constitution, awareness drives. Indian missions across the world observed the day by undertaking translation of the Indian Constitution into local languages and distribute it to research institutions, Parliaments. The Sports Ministry held a symbolic run termed 'Run for Equality' in collaboration with the Sports Authority of India (SAI). The Parliament House Complex was also illuminated and a special session of Parliament was called. "My government's only religion is 'India first', my government's only religious book is the Indian Constitution," said Mr. Modi while addressing the Lok Sabha, adding, "We want to take the nation forward within the framework of the Constitution". The Hindu's article dated November 26, 2016 | Photo Credit: The Hindu archives In subsequent years, Mr. Modi's government clashed head-on with the judiciary by passing constituting the National Judicial Appointments Commission, which was immediately struck down by the apex court. In his Constitution Day address, Mr. Modi took a terse tone, "The government, the judiciary and the bureaucracy are all part of one family. The Supreme Court has itself said that every organ of the state should remain within its allotted space". He also lauded the Constituent Assembly's efforts in drafting the Constitution which has stood through the ages. Similarly, newly-elected President Ram Nath Kovind criticised the low representation of women, Scheduled Castes and Scheduled Tribes and Other Backward classes in the higher judiciary. In his address in 2017, in the presence of then CJI Mr. Dipak Misra, then President said, "Like our other public institutions, our judiciary too has to be judicious in being representative of the diversity of our country". He also urged the courts to relook 'adjournments' as they were used as 'tactical delays'. The Hindu's article dated November 26, 2017 | Photo Credit: The Hindu archives In his second term, Mr. Modi's focus shifted from Indian citizens' rights to the their duties - this was reflected in his 2019 address. Addressing a joint session of Parliament, he said, "We cannot preserve our rights without fulfilling our responsibilities. Our effort should be to ensure focus on our duties in our conversations and meetings". He sharpened his attack on the Opposition in 2021 claiming that India was heading to a "crisis" in the form of family-based parties. "More than one person from a family joining the party on the basis of merit does not make the party dynastic. Problems arise when a party is run by the same family, generation after generation. How can parties that have lost their democratic character protect democracy," he said in his address to Parliament. In today's address in the Supreme Court, Mr. Modi highlighted that celebration of Constitution Day in J&K - a first. "We have seen the Emergency in the country - our Constitution has faced this challenge that arose before democracy. It is the power of the constitution, that today, in Jammu & Kashmir, Babasaheb Ambedkar's Constitution is fully implemented," said Mr. Modi. Published - November 26, 2024 08:41 pm IST Read Comments

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