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Introduction      

A ‘living and dynamic constitution’ evolves and adapts to the changing aspirations and values of its people. The Indian Constitution, often lauded as a transformative and comprehensive document, embodies this adaptability, ensuring its relevance in contemporary times.

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Salient features of the Indian constitution that make it a living and dynamic document

• Preamble: More than an introduction, the Preamble is the soul of the Constitution. Encompassing ideals like justice, liberty, equality, and fraternity, it dynamically guides the nation, responding to evolving societal aspirations, reflecting the Constitution’s enduring spirit.
• Flexibility and Amendment: Article 368, providing a clear yet stringent amendment procedure, is testament to the Constitution’s dynamism.Ex-86th Constitutional Amendment Act, 2002, which introduced the Right to Education, keeping the Constitution in step with contemporary necessities.
• Judicial Review: A cornerstone of the Constitution, judicial review ensures that laws align with constitutional values. Landmark judgments, such as striking down Section 377 of  Indian Penal Code (IPC) , exemplify how the Constitution evolves to meet contemporary human rights standards.
• Federal Structure: India’s quasi-federal structure acknowledges diverse regional identities while preserving national unity. By allowing autonomy and distributing powers between the centre and states, the Constitution remains sensitive to local needs, balancing unity and diversity. Ex – 7th Schedule of the Indian Constitution.
• Fundamental Rights: Enshrined in Part III, they guarantee individual freedoms. By evolving through judicial interpretations, like the recognition of the Right to Privacy under Article 21, they ensure that citizens’ liberties evolve in tandem with societal changes, striking a balance with collective needs.
• Directive Principles of State Policy (DPSPs): These principles in Part IV influence legislation, ensuring that governance remains aligned with broader goals of achieving social and economic democracy. Eg: Article 39A emphasizes free legal aid focusing on evolving notions of justice.
• Secularism: An intrinsic part of the Constitution as per the Kesavananda Bharati case, secularism promotes an environment where multiple religions coexist harmoniously. By ensuring freedom of and from religion, the Constitution dynamically accommodates India’s diverse religious tapestry, fostering unity in diversity.
• Independent Judiciary: Reinforced by Article 13, which ensures that laws inconsistent with FRs are deemed void, safeguarding the Constitution’s dynamism. Eg: nullification of Section 66A of the IT Act, protecting freedom of speech online exemplifies this. 

It enables the constitution to respond to contemporary challenges in the following ways

• NCBC (Article 338B): Its constitutionalization by the 102nd Amendment Act shows the Constitution’s adaptive capability. As backward classes sought better representation and protection against discrimination, the elevation of NCBC to a constitutional body reinforced India’s commitment to social justice and equality.
• Nari Shakti Vandan Adhiniyam, 2023: By reserving 33% of Lok Sabha (Article 330A) and State Legislative Assembly (Article 332A) seats for women, it underscores the Constitution’s ethos of equal representation. It showcases the Constitution’s responsiveness to the changing societal demand for women’s empowerment.
• Right to Religion: India guarantees freedom of religion under Articles 25 to 28. The dynamism is evident in judgments like the Sabarimala case, which emphasised women’s right to pray, attempting to strike a balance between religious practices and principles of equality and non-discrimination.
• Article 21 & Right to Life: Originally, Article 21 ensured the protection of life and personal liberty. The Constitution, through the judiciary’s interpretations, has continuously expanded the ambit of ‘life,’ making it relevant to the challenges of different eras. Eg: Right to clean environment (MC Mehta Case). 
• Right to Privacy: In the Puttaswamy case, the Supreme Court held that the right to privacy is an intrinsic part of Article 21. In an age where data is the new oil, recognizing privacy as a fundamental right emphasizes the Constitution’s ability to address contemporary challenges.

• Championing Social Justice: Addressing rising economic disparities, the Constitution paved the way for the 103rd Amendment in 2019, allowing reservations for economically weaker sections, ensuring a more equitable society.
• Guarding the Environment: Article 48A inspires the state to protect and improve the environment. The National Green Tribunal, established in 2010, exemplifies this by addressing environmental disputes, like the Yamuna pollution case, ensuring environmental justice.
• Empowering Grassroots Democracy: The 73rd and 74th Amendments, empowering Panchayati Raj Institutions and urban local bodies respectively, showcase the Constitution’s commitment to decentralisation and ensuring grassroots participation. 

Conclusion

Overall, the Indian Constitution, a harmonious blend of timeless principles and adaptability, serves as a beacon of hope in our evolving socio-political landscape. As challenges arise, this living document ensures India’s progress by upholding foundational values, embodying resilience, inclusivity, and a vision for a brighter future.

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