Constitution Is Perfect But Our Understanding, Implementation Isn’t: Dushyant Dave & KG Raghavan

06 Aug 2025 --
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🔷 1. The Perfection of the Indian Constitution

The Indian Constitution is often celebrated for:

Its length and detail, covering a wide spectrum of governance

Incorporating Fundamental Rights, Directive Principles, Federal structure, Independent Judiciary, etc.

Influences from the US, UK, Irish, Canadian, and other democratic constitutions

Providing for amendments (flexibility) while maintaining core values (rigidity)

🧾 Example:

Kesavananda Bharati v. State of Kerala (1973) – The Supreme Court upheld the basic structure doctrine, proving the Constitution’s inherent ability to protect itself from arbitrary changes while allowing reasonable amendments.

✨ However, the problem isn’t with the document—it is how it’s used (or misused) in practice.

🔷 2. Flawed Understanding and Implementation

Despite its excellence, real-world issues arise due to misinterpretation, political misuse, bureaucratic inefficiency, and institutional silence or complicity.

⚖️ Case Laws That Illustrate the Gap Between Constitutional Ideals and Reality

🧑‍⚖️ A. ADM Jabalpur v. Shivkant Shukla (1976) – The "Habeas Corpus Case"

Facts:

During the Emergency (1975–77), the question arose: Can fundamental rights be suspended, including the right to life (Article 21)?

Judgment:

The Supreme Court infamously held that during Emergency, even the right to life can be suspended.

Criticism:

This showed a failure in understanding the core constitutional values like liberty, dignity, and rule of law.

Later Reversal:

In Justice K.S. Puttaswamy (Privacy case), this judgment was overruled and severely criticized.

🧑‍⚖️ B. S.R. Bommai v. Union of India (1994) – Misuse of Article 356

Context:

President’s Rule under Article 356 was often used by the central government to dismiss opposition-led state governments.

Judgment:

The Supreme Court ruled that Article 356 cannot be used arbitrarily. Courts can review the imposition of President’s Rule.

Significance:

This case exposed how a sound constitutional provision was abused for political gains.

🧑‍⚖️ C. Indira Nehru Gandhi v. Raj Narain (1975)

Facts:

The Allahabad High Court invalidated PM Indira Gandhi's election for electoral malpractices. Parliament passed the 39th Amendment to shield her.

SC Ruling:

Supreme Court struck it down, saying Parliament cannot place itself above the Constitution.

Lesson:

Politicians tried to bypass the Constitution, but judicial understanding saved constitutional morality.

🧑‍⚖️ D. Maneka Gandhi v. Union of India (1978)

Issue:

Government impounded Maneka Gandhi’s passport without giving her a reason.

Ruling:

Court expanded the meaning of “personal liberty” under Article 21, saying no law can violate principles of fairness and reasonableness.

Impact:

A shining example of how deep understanding of constitutional rights led to progressive interpretation.

🔷 3. Implementation Deficit in Practice

Even where judgments are progressive, implementation often falls short:

🚨 Example: Police Reforms

Prakash Singh v. Union of India (2006) – Supreme Court laid down 7 directives for police reform to ensure independence, transparency, and professionalism.

Reality:

Most states have not fully complied with the directions even after years.

Conclusion:

The Constitution envisions rule of law, but in practice, it is undermined by executive inaction and political control.

🔷 4. Understanding of Federalism: Misapplied

While the Constitution provides for cooperative federalism, in practice we often see:

Centre encroaching on state powers (e.g., use of NIA, CBI without state consent)

Finance distribution disputes (e.g., GST compensation delays)

This shows improper understanding and respect for federal principles, despite constitutional clarity.

🔷 5. Public Misunderstanding of Constitutional Values

Many citizens still don’t understand their rights and duties under the Constitution.

Religious, caste-based, and political sentiments often override constitutional morality.

Free speech, secularism, and fraternity are frequently compromised in public discourse.

🔷 Conclusion

The Indian Constitution remains a remarkable document—flexible, yet principled; broad, yet clear. However, its real power lies in its implementation and the spirit with which it's upheld.