Print Friendly, PDF & Email

All constitutions are heirs of the past and testators of the future. How far is this true in case of Indian Constitution? Comment.

Topic : Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

3. All constitutions are heirs of the past and testators of the future. How far is this true in case of Indian Constitution? Comment. (250 words)

Reference: shodhganga.inflibnet.ac.inIndian polity by Lakshmikant

Why the question:

The question is based on the saying of Sir Ivor Jennings, who said “All constitutions are heirs of the past and testators of the future”.

Key Demand of the question:

Elaborate in detail the nuances captured in the quote given by Sir Ivor Jennings and discuss to what extent it holds true for Indian constitution.

Directive:

Comment– here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.

Structure of the answer:

Introduction:

Start by defining what constitution is and its importance in general.

Body:

The very fact that the Constitution of the Indian Republic is a product not of a political revolution but of the research and deliberation of a body of eminent representatives of the people who sought to improve upon the existing systems of administration, makes a retrospect of the constitutional development indispensable for a proper understanding of this Constitution.

One must discuss and present relevant examples to justify how all constitutions including the Indian constitution is an heir of the past and testator of the future, for example Federal Scheme, Office of governor, Judiciary, Public Service Commission, Emergency provisions, Administrative details, etc.  are result of the past and on the other hand values such as secularism, equality of opportunity, economic and political justice etc. are testators of future.

Conclusion:

Conclude with significance.