Article 393 of the Constitution of India states, "This Constitution may be
called the Constitution of India." While the article may seem a mere formal
declaration, it holds profound implications. Article 393 does not merely assign
a title; it encapsulates the identity, intent, and authority of the Constitution
itself. This article examines the significance of Article 393 in the context of
constitutional law, exploring how this formal provision influences the
document's jurisprudential essence, reinforces national sovereignty, and
provides a stable reference in the framework of Indian governance. Relevant case
laws and legislative provisions are discussed to understand Article 393's impact
on India's legal system.
Introduction
The Constitution of India is a monumental document in both scope and depth,
crafted meticulously by the Constituent Assembly over two years, eleven months,
and eighteen days. While several provisions in the Constitution outline
intricate rights, powers, and limitations, Article 393 might seem unassuming in
its brevity. However, this simple declaration—"This Constitution may be called
the Constitution of India"—serves a foundational purpose. Article 393's
contribution to the Constitution and its jurisprudence is far more significant
than it appears, resonating with the spirit of national unity, sovereignty, and
legal continuity.
The Significance of Naming in Constitutional Law
- Legal Identity and National Sovereignty
Article 393 provides the Constitution with its legal identity, distinguishing it as an original, indigenous document. By naming the document explicitly as the "Constitution of India," it embodies the country's sovereignty and asserts India's independence in matters of governance. This article establishes that the legal and political framework is indigenous, rather than an extension of colonial authority or foreign governance.
- Continuity and Legitimacy
In several judicial interpretations, Indian courts have acknowledged that the Constitution derives its legitimacy from the will of the Indian people, as embodied in the Preamble and fortified through Article 393. The Constitution is not imposed; rather, it is a consensual agreement that emerged from India's liberation struggle. In Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225, the Supreme Court underscored the importance of the Constitution's authority, which, as Justice H.R. Khanna articulated, represents the supreme law of the land. By affirming its title through Article 393, the Constitution conveys the legitimacy that upholds the entire legal framework of India.
Judicial Interpretation and Relevance of Article 393
Though Article 393 has not been directly the subject of extensive litigation, it serves as an implicit foundation in numerous landmark cases. Courts have cited it as a testament to the Constitution's indigenous authority and India's unambiguous sovereignty.
- Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
In Kesavananda Bharati, the Supreme Court deliberated on the "basic structure" doctrine, holding that certain fundamental elements of the Constitution cannot be altered. Article 393, though not directly discussed, supports the Court's reasoning by reinforcing the Constitution's unique identity. This case underscored the importance of protecting the core tenets of the Constitution of India, which Article 393 helps to symbolize.
- S.R. Bommai v. Union of India, (1994) 3 SCC 1
The S.R. Bommai case emphasized the supremacy of the Constitution and the unassailable authority vested within it. By upholding the title "Constitution of India" as specified in Article 393, the Court implicitly referenced the sovereignty it embodies. This case illuminated how every provision, regardless of seeming simplicity, collectively preserves the democratic foundation of India's governance.
Statutory Influence of Article 393
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Article 1 - "India, that is Bharat"
Article 393 complements Article 1, which declares, "India, that is Bharat, shall be a Union of States." Both provisions emphasize India's national identity. Article 1 describes the country's federal structure, while Article 393 explicitly names the Constitution that governs it. Together, these articles symbolize the concept of constitutional sovereignty and national unity, delineating the state's authority from colonial associations.
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Preamble to the Constitution
The Preamble enunciates the essence of India as a sovereign, socialist, secular, and democratic republic. Article 393 reinforces the legitimacy of the Preamble's ideals by providing a constitutional identity rooted in Indian sovereignty. In Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294, the Court held that the Preamble, as a part of the Constitution, represents the collective will of the people, a concept that aligns with the declarative nature of Article 393.
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Article 395 - Repeal of Acts and Adaptation of Laws
Article 395, which repeals the Government of India Act, 1935, reinforces Article 393's assertion of India's constitutional identity. While Article 395 eliminates previous colonial structures, Article 393 establishes an independent framework. Together, these articles symbolize the Constitution's complete departure from colonial rule, promoting a new era of Indian jurisprudence.
Comparative Jurisprudence and Nomenclature in Constitutions Worldwide
The importance of naming provisions, like Article 393, can be observed in constitutions globally.
For example:
- United States: The Preamble of the U.S. Constitution begins with "We the People of the United States," asserting the document's authority as derived from the people. The U.S. Constitution is similarly known by a title, symbolizing sovereignty.
- Constitution of South Africa: The Preamble of South Africa's Constitution declares the document's authority as a new foundation post-apartheid, emphasizing justice and equality. Naming provisions in constitutions are often associated with identity and sovereignty, as seen in Article 393.
Such international examples highlight the common practice of reinforcing sovereignty and legitimacy through naming conventions in constitutions.
Implications of Article 393 in Indian Jurisprudence
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Basis for Constitutional Amendments
Though Article 393 is itself unamendable, its function as a formal title has implications for constitutional amendments. Courts have acknowledged that the document called the "Constitution of India" must retain its essential character. Article 393 subtly serves as a constraint, indirectly supporting the doctrine that amendments should not distort the core of India's legal and democratic framework.
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Influence on Fundamental Rights and Directive Principles
Article 393 provides an identity that underscores the Constitution's authority in defining fundamental rights and directive principles. This legal identity affirms the primacy of the Constitution over all laws and governmental actions, ensuring that every citizen's rights are protected under an Indian framework, as in Maneka Gandhi v. Union of India, (1978) 1 SCC 248.
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National and International Recognition
By establishing the Constitution's official title, Article 393 enables it to be recognized in international forums as a sovereign document. This identification enhances India's position globally, allowing the Constitution to serve as an independent legal entity in matters of international law and treaties.
Conclusion
While Article 393 may appear to be a straightforward naming provision, its
significance extends to the constitutional foundation of India. By formally
naming the document, it underscores the Constitution's sovereignty, distinct
identity, and indigenous origins, qualities that are essential to India's legal
and political ethos. Article 393 harmonizes with other fundamental provisions,
such as the Preamble, Article 1, and Article 395, to reinforce India's
independence from colonial influences and affirm the authority of the
Constitution as the supreme law of the land.
Through Article 393, the drafters of the Constitution enshrined a legacy that is
not merely a document but a declaration of India's independence, democracy, and
commitment to the rule of law. Hence, Article 393 stands as a testament to
India's sovereign authority and serves as a reminder of the Constitution's
enduring identity as the bedrock of Indian governance.
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