Constitution Evolving to ‘Swadeshi’, Says Presidential Reference Bench

Context:

• A five-judge Presidential Reference Bench of the Supreme Court, led by former Chief Justice B.R. Gavai, observed that the Indian Constitution is evolving into a vibrant ‘swadeshi’ document through interpretation and practice.

• The Bench advised against prescribing judicially enforced timelines for Governors, and underscored the Constitution’s transformative journey away from colonial legacies toward distinctly Indian jurisprudence.

Key Highlights:

Judicial Observations on ‘Swadeshi’ Constitution

• The Bench noted that while the Constitution drew comparative inspiration at inception, its lived operation and interpretation have steadily shed colonial influences.

• Significantly, the Reference opinion cited no foreign case law, reinforcing the indigenous (‘swadeshi’) orientation of contemporary constitutional reasoning.

Position on Governors’ Timelines

• The Bench advised against fixing timelines for Governors through judicial diktat, signalling institutional restraint and respect for constitutional design.

Executive Acknowledgement

• Solicitor General Tushar Mehta welcomed and acknowledged the ‘Indianisation’ of the legal system, aligning executive and judicial appreciation of indigenous jurisprudence.

Intellectual Lineage of Indianisation

• CJI P.N. Bhagwati advocated an independent Indian jurisprudence, reducing reliance on foreign precedents.

• CJI N.V. Ramana linked Indianisation to access to justice, urging adaptation of legal processes to local realities, especially for the poor.

• Justice S.A. Bobde (Retd.) highlighted ancient Indian conceptions of privacy, predating modern rights discourse.

Use of Indigenous Sources in Judgments

• Certain landmark judgments (e.g., decriminalisation of adultery, Sabarimala entry) referenced Manusmriti, illustrating engagement with Indian civilisational texts.

• Justice S. Abdul Nazeer (Retd.) critiqued continued adherence to colonial legal frameworks and the neglect of ancient Indian legal scholarship.

Relevant Prelims Points:

• Issue: Evolution of constitutional interpretation toward indigenous jurisprudence.

• Bench: Presidential Reference Bench (5 judges).

• Key Terms:

  • Swadeshi: Indigenous orientation/self-sufficiency in principles and practice.

  • Indianisation: Adapting institutions to Indian values and contexts.

  • Jurisprudence: Philosophy and theory of law.

• Notable Feature: No foreign case law cited in the Reference opinion.

• Impact: Reinforces confidence in home-grown constitutional reasoning.

Relevant Mains Points:

Polity (GS II):

• Constitutional interpretation as a dynamic, transformative process.

• Judicial restraint in institutional design (e.g., Governors’ functions).

• Balancing comparative insights with constitutional morality rooted in Indian context.

Modern History & Ideas (GS I):

• Continuity from anti-colonial intellectual traditions to post-Constitutional jurisprudence.

• Reclaiming indigenous legal thought within modern constitutionalism.

Ethics (GS IV):

• Context-sensitive justice; dignity, access, and empathy through Indianisation.

• Ethical legitimacy of law enhanced when aligned with societal realities.

Way Forward:

• Deepen contextual constitutionalism without insularity.

• Encourage indigenous scholarship alongside principled comparative engagement.

• Strengthen access to justice through procedural adaptations reflecting Indian realities.

UPSC Relevance (GS-wise):

• GS II: Polity, Constitutional interpretation, institutional balance

• GS I: Modern Indian history, ideas shaping constitutionalism

• GS IV: Ethics in justice delivery, constitutional morality