Constitution is a living document that continues to grow and evolve with the nation: CJI Bhushan Ramkrishna Gavai

Chief Justice of India Bhushan Ramkrishna Gavai while delivering a lecture at the prestigious Edinburgh Law School called the Indian Constitution a living, breathing document that continues to grow and evolve with the nation.

Speaking on the theme ‘Constitution as an Evolving Document’, the Chief Justice reflected on the Constitution’s journey over the past 75 years, noting how it has adapted to social, political, and generational shifts through a series of amendments.

He highlighted how both the judiciary and Parliament have played critical roles in this evolution. “Whenever new constitutional questions have emerged often through interpretations by the Supreme Court, Parliament has responded with amendments that reflect the needs of the time and the aspirations of a changing society,” CJI said, underlining the dynamic relationship between law and lived realities.

The Chief Justice’s remarks painted a picture of a Constitution not frozen in time, but one that listens, adapts, and responds to the voice of a maturing democracy.

“The framers of the Constitution themselves felt that the Constitution should be an evolving document. It can’t be static, it has to be organic, and it has to adapt to the changes as the situation demands. And we see that within a year of adopting the Constitution on November 26, 1950, there were certain judgements of the Supreme Court, which required the amendments to be carried to the Constitution,” CJI said.

“You may have come across the phrase, “Aaya Ram, Gaya Ram”, a term that became popular in Haryana, where elected representatives would often switch parties overnight. To curb this growing trend of political defection, the Constitution was amended to introduce the Tenth Schedule, which clearly outlines the grounds for disqualifying Members of Parliament and State Legislatures who defect. This anti-defection law was later upheld by the Supreme Court in the landmark 1992 judgement Kihoto Hollohan v. Zachillhu and Others, when the amendment was challenged,” Gavai said stressing that this moment in constitutional history reflects how the law evolved to safeguard the integrity of India’s democratic institutions against opportunistic politics.

“We see that in the last 75 years of the working of the Constitution, our Constitution has been amended from time to time, so as to meet the challenges of the changed times. As and when certain issues arose on account of the interpretation of the Constitution given by the Supreme Court, the Parliament has rose to the occasion, and has provided answers by way of amending the Constitution. The Constitution is amended from time to time so as to meet the challenges of the new generations, the changes as demanded by the change in the circumstances. Therefore, in my view, the Indian Constitution has been a living, organic, evolving document, adopting itself to the changes as demanded by the circumstances,” CJI said.