In celebration of the 75th anniversary of the Constitution of India, a new book titled India’s Constitutional Odyssey: 75 Years of Evolution and Global Reach, edited by Siddharth Sijoria, provides an in-depth examination of the evolution of Indian constitutionalism and its impact on global constitutional law. The book, rather than merely commemorating the milestone, argues that the Constitution’s longevity is due to its adaptability to political, social, and technological changes while maintaining its core identity.
This volume adopts a comparative approach, showcasing how doctrines such as the Basic Structure doctrine, transformative constitutionalism, constitutional morality, and Public Interest Litigation (PIL) have influenced constitutional reasoning within India and across the Commonwealth. It is structured into three sections, discussing the global influence of Indian constitutional thought, the foundational institutions of the Indian constitutional order, and contemporary challenges, including issues like freedom of expression, digital privacy, environmental concerns, and emerging technologies.
The first section of the book delves into the global influence of Indian constitutionalism, particularly within the Commonwealth. It highlights how doctrines like the Basic Structure doctrine and judicial review have shaped constitutional reasoning in countries such as Ghana, Kenya, Malaysia, Sri Lanka, and the Caribbean. This section also underscores India’s transformation into a republic within the Commonwealth.
The second section focuses on the institutional foundations of the Indian constitutional order, emphasizing the Basic Structure doctrine’s role in safeguarding the Constitution’s core identity against potentially damaging amendments. This section explores related concepts like constitutional morality, judicial review, the rule of law, and constitutional remedies, painting the Constitution as a living framework supported by judicial interpretation, institutional integrity, and democratic values.
The final section addresses contemporary constitutional challenges, discussing issues such as freedom of expression, digital privacy, surveillance, artificial intelligence, environmental constitutionalism, parliamentary democracy, affirmative action, federalism, and the separation of powers. The chapters in this section argue that the Indian Constitution’s enduring legitimacy is due to its ability to adapt to new social and technological realities while preserving its foundational principles.
A significant contribution of the book is its portrayal of the Indian Constitution as a dynamic project with influence extending far beyond national boundaries. The Basic Structure doctrine, notably developed in Kesavananda Bharati v. State of Kerala (1973), which limits the parliament’s power to amend the Constitution by protecting its essential features, is highlighted as one of India’s major contributions to comparative constitutional law. This doctrine has inspired constitutional reasoning in several Commonwealth jurisdictions and countries like Colombia, where the Colombian Constitutional Court adopted the Substitution of the Constitution Doctrine in 2003.
Another key theme is transformative constitutionalism, presenting the Constitution as an instrument for social change rather than just a governmental framework. The Supreme Court of India, through judicial interpretation, has expanded fundamental rights, promoted access to justice via PIL, and upheld constitutional values such as equality and dignity. The contributors also discuss the balance between judicial activism and democratic legitimacy, emphasizing the need for harmony between constitutional protection and respect for representative institutions.
The book illustrates the growing global influence of Indian constitutionalism, particularly within the Commonwealth, where Indian jurisprudence has shaped discussions on judicial review, constitutional interpretation, and democratic governance. It argues that democracy is inherently linked to the protection of fundamental rights, judicial independence, and institutional accountability, rejecting purely majoritarian views of constitutional governance.
Additionally, the text examines contemporary constitutional challenges, including digital privacy, surveillance, artificial intelligence, environmental issues, freedom of expression, and the separation of powers. Overall, the volume effectively demonstrates that the resilience of the Indian Constitution arises not only from its text but from its ability to adapt to changing realities while preserving its constitutional identity.
India’s Constitutional Odyssey is a significant contribution to comparative constitutional scholarship, demonstrating that Indian constitutionalism has become an influential source of ideas globally. Its strengths lie in its comparative methodology, multidisciplinary authorship, and broad thematic scope, making it a valuable resource for scholars and practitioners of constitutional law. By highlighting the exchange of constitutional ideas and the increasing global influence of Indian constitutional jurisprudence, the book underscores the continuing impact of the Indian Constitution on worldwide constitutional thought. Gonzalo Ramirez-Cleves, a lecturer and researcher in the Department of Constitutional Law at Externado of Colombia University, contributes to this insightful volume.
