Constitution is evolving to ‘swadeshi’, says Presidential Reference Bench
GS2Polity · Governance · IR· Constitution, amendments & basic structure· Mains·
Why in news
The Presidential Reference Bench observed that the Indian Constitution is evolving into a 'swadeshi' system by uniquely interpreting and applying legal concepts to suit Indian societal needs.
Background
The Bench rejected specific timelines for Governors while acknowledging the Constitution's adoption of foreign legal concepts. The ruling highlighted the 'Indianization' of jurisprudence as advocated by former Chief Justices P.N. Bhagwati and N.V. Ramana.
Facts for Prelims
- PostP.N. Bhagwati and N.V. Ramana: Former Chief Justices who advocated for the 'Indianization' of the Constitution
- FactThe Presidential Reference Bench ruled against the imposition of fixed timelines for Governors
For Mains
Q. Discuss the significance of 'Indianizing' the constitutional jurisprudence to address the unique socio-cultural requirements of the Indian populace.
Dimensions to cover in your answer
- Judicial interpretation: Balancing the adoption of global legal principles with indigenous socio-legal requirements
- Constitutional evolution: The transition from a borrowed framework to a 'swadeshi' living document
- Federal friction: Balancing state autonomy with the role of the Governor in the federal structure
Keywords: Jurisprudence · Swadeshi · Constitutional Evolution · Judicial Interpretation · Indianization
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