Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
4) Discuss what do you mean by “constitutional renaissance” and how is it relevant in the present political discourse?(250 words)
Why this question
In recent several debates have raged over several provisions of the constitution such as Article 370, article 44 etc. Understanding constitutional renaissance is important to resolve such debated happening due to fractious polity.
Key demand of the question
The question expects us to explain what constitutional renaissance, explain why it is necessary to be understood due to several debates that have been taking place over the interpretation of the constitution, and how exactly can this doctrine be applied by policy makers to frame more effective laws, policies, regulations etc which are in tune with the directive of the constitution.
Discuss – Here in your discussion you need to explain the court’s position on words like constitutional renaissance, associated terms like constitutional morality, purposive interpretation etc and how they are relevant in the present climate.
Structure of the answer
Introduction – Examine some of the recent conflicts in interpretation of the constitution such as Article 370, Article 239 AA etc
- Discuss what is meant by constitutional renaissance – constant awakening as regards the text, context, perspective, purpose, and the rule of law”, an awakening that makes space for a “resurgent constitutionalism” and “allows no room for absolutism” nor any “space for anarchy
- Examine its implication for the polity – fidelity to the vision, spirit and letter of the Constitution is the supreme obligation of all constitutional beings.
- Highlight why and how this norm is being flouted in the current discourse and how such debates can be resolved if we stay true to the ideals explicit and implicit in our constitution
Conclusion – Mention why in a constitutional democracy , constitution reigns supreme and how we need to change current practices to ensure better functioning.