Has our constitution failed us?

On this day in 1950, the Indian constitution came into being, though in hindsight there is little reason to celebrate the moment. Within a year of the its birth, the then prime minister Jawaharlal Nehru affected the first amendment by inserting provision (g) in Article 19 which upholds right to free speech and expression, thereby making this guarantee conditional.

Not many years had passed since when the parliament infused the ninth schedule in the constitution in order to protect thirteen socialistic laws from judicial scrutiny. By the time the Supreme Court scrutinised this provision last year, at least 250 laws that were enacted either to circumvent the judicial directions or laced with political exigency had been added to the ‘sacred’ ninth schedule. Even state governments had begun adding to the list, making it the most abused amendment to date.

But there is more. The last amendment (94th), added three years ago, is by far the most controversial parliamentary exercise undertaken. It reworks Article 15, which relates to advancement of socially and educationally backward classes, or SC/STs. The introduction of 27% quota for OBCs in aided educational institutions shocked the country.

The apex court also upheld this amendment, albeit with a rider. The government has been asked to define OBCs on the basis of economic criteria, and not on caste considerations, it held. But matters relating to misinterpretation of this judgment to suit vote bank politics  continue to attract the court.

However, legal experts feel measures like the RTI Act have induced a glimmer of hope that it is not all over for the judiciary.