Constitution evolving to ‘swadeshi’, says Presidential Reference Bench, Pg11

Key Highlights:

• The Presidential Reference Bench advised against setting timelines for Governors and stated the Indian Constitution is evolving into a vibrant "swadeshi" form.
• The five-judge Bench, led by former Chief Justice B.R. Gavai, noted the Constitution's transformative journey in practice and interpretation, shedding colonial influences.
• The Reference opinion did not cite any foreign case law, emphasizing the "swadeshi" nature of the Indian Constitution.
• Solicitor General Tushar Mehta acknowledged and appreciated the "Indianisation" of the legal system.

Detailed Insights:

• The Constitution, while drawing inspiration from abroad, has developed a "swadeshi" character through decades of interpretation and implementation.
• The concept of "Indianisation" of the legal system has been debated in the Supreme Court, with Chief Justices adding their perspectives.
• Former Chief Justice P.N. Bhagwati advocated for building an independent Indian jurisprudence, free from reliance on foreign legal systems.
• Former Chief Justice N.V. Ramana emphasized "Indianisation" to enhance access to justice for the poor by adapting the justice delivery system to local realities.
• Former Justice S.A. Bobde highlighted the presence of a well-developed sense of privacy in ancient Indian texts.
• Judgments on decriminalizing adultery and the Sabarimala temple entry case referenced the Manusmriti.
• Justice (retired) S. Abdul Nazeer lamented the neglect of ancient Indian legal scholars and the continued adherence to the colonial legal system.

Key Concepts Involved:

• Swadeshi: Refers to self-sufficiency and the use of indigenous resources and principles.
• Indianisation: The process of adapting systems and institutions to reflect Indian values, culture, and context.
• Jurisprudence: The theory and philosophy of law, encompassing the principles and interpretations on which legal decisions are based.