Commemorating 75 Years of the Indian Constitution: A Reflection on Personal Liberty and Justice
As India celebrates 75 years of its Constitution, it is crucial to assess how the core values, particularly personal liberty and human dignity, are upheld amidst ethical and moral challenges.
Historical Context and Judicial Reflections
- The Supreme Court's unanimous ruling in Puttaswamy vs Union of India (2017) revisited Justice S. Fazl Ali’s dissent in the case of A.K. Gopalan vs State of Madras, highlighting past judicial errors regarding personal liberty.
- The preventive detention of A.K. Gopalan in 1950 by independent India's government and the Supreme Court's majority ruling were later viewed as judicial missteps.
- Justice R.F. Nariman emphasized that Article 21 assures the dignity of individuals, essential for their development and evolution.
Contemporary Issues and Challenges
- Preventive Detention and Arbitrary Arrests: The escalation of such practices under various laws has led to a situation where the process itself becomes punitive.
- The paradox of dissent being simultaneously criminalized and reinstated signifies a critical challenge that courts need to address today.
- High-profile cases, such as those involving anti-CAA protestors including Umar Khalid and Sharjeel Imam, showcase the struggle between state actions and the exercise of personal liberties.
Case Study: A.K. Gopalan’s Imprisonment
- A.K. Gopalan's memoir provides a detailed account of his struggles, multiple imprisonments, and the challenges faced in securing liberty both from British and Indian courts.
- Gopalan's ordeal resembles the present-day situation of anti-CAA protestors, who also face prolonged detentions without urgent judicial intervention.
The Role of Courts and Creative Constitutionalism
- Instances like the Bhima Koregaon and Delhi riots cases underline the need for courts to engage in "creative constitutionalism" to uphold personal liberty as a fundamental justice principle.
- The judiciary must ensure that India's interpretation of the Constitution aligns with its ethical spirit and promotes justice.
In conclusion, reflecting on the 75 years of the Indian Constitution prompts a re-evaluation of how its principles are interpreted and applied, particularly concerning personal liberty and justice. As we commemorate this milestone, it is imperative to ensure that the Constitution's ethical spirit guides our legal and political discourse.