Constitution as a Vehicle of Life: Highlights from DBRANLU’s Samvidhaan Diwas 2025

Introduction: The Living Soul of Indian Jurisprudence

Every year on November 26, India commemorates Samvidhaan Diwas (Constitution Day) to honor the adoption of the Constitution of India in 1949. While the day serves as a solemn tribute to the visionaries of the Constituent Assembly, academic institutions across the country use the occasion to re-examine constitutionalism in light of modern societal realities.

At Dr. B.R. Ambedkar National Law University (DBRANLU), Sonipat, the Samvidhaan Diwas 2025 deliberations centered around a profound quote by Dr. B.R. Ambedkar: “The Constitution is not a mere lawyers' document, it is a vehicle of Life, and its spirit is always the spirit of Age.”

This theme is particularly timely. With India navigating landmark overhauls in its criminal justice system—through the implementation of the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023—the question of how our constitutional safeguards animate everyday laws has never been more urgent.

Here are the critical takeaways from DBRANLU’s academic symposium and what they mean for citizens, legal practitioners, and the evolving criminal justice landscape in India.

1. The Constitution as a "Vehicle of Life"

Legal texts run the risk of becoming rigid relics if they fail to adapt to evolving human dignity and socio-economic realities. The symposium at DBRANLU highlighted that viewing the Constitution as a "vehicle of life" demands dynamic interpretation, commonly known in jurisprudence as the "Living Tree" doctrine.

Core Dimensions Explored:

Transformative Constitutionalism: Moving beyond colonial-era policing and procedural stagnation toward an institutional framework that actively shields marginalized and undertrial citizens.
Substantive vs. Formal Equality: Reaffirming that Article 14 (Equality before Law) and Article 21 (Protection of Life and Personal Liberty) are not passive declarations, but positive duties imposed on state instrumentalities.
Adaptability to Technological Eras: Applying core constitutional guarantees—such as the fundamental right to privacy recognized in K.S. Puttaswamy—to digital searches, digital evidence seizures, and electronic trial procedures.

2. Constitutional Safeguards Under BNS, BNSS, and BSA 2023

A focal point of the DBRANLU 2025 sessions was reconciling statutory criminal procedure with constitutional mandates. The transition from the Code of Criminal Procedure (CrPC), 1973, to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, must remain firmly anchored in the fundamental protections of Part III of the Constitution.

Arrest and Detention (Article 22 vs. BNSS)

Article 22 of the Constitution mandates that no person shall be detained without being informed of the grounds of arrest, nor denied the right to consult and be defended by a legal practitioner.

Under Section 36 of the BNSS, 2023, designated police officers in every district and police station are now statutorily tasked with maintaining and displaying the names and addresses of arrested individuals, aligning closely with constitutional transparency and the guidelines established in landmark arrest jurisprudence.

Due Process and Life and Liberty (Article 21 vs. BNS)

The procedural pathways under criminal law must withstand the test of just, fair, and reasonable procedure under Article 21. Discussions at DBRANLU underscored:

Handcuffing Provisions: Section 43(3) of the BNSS grants officers limited discretion for restraining accused persons in heinous crimes, which speakers noted must continue to be read strictly in harmony with Article 21's prohibition on degrading treatment.
Zero FIR and E-FIR Registration: The codification of Zero FIRs and digital information under Section 173 of the BNSS enhances access to justice, fulfilling the constitutional guarantee of prompt administrative redress for victims.

Protection Against Self-Incrimination (Article 20(3) vs. BSA)

Article 20(3) safeguards an accused person against being compelled to be a witness against themselves. With the Bharatiya Sakshya Adhiniyam, 2023, according formal statutory primacy to digital and electronic records (Section 61 and Section 63 of BSA), constitutional scholars at the conference emphasized that chain-of-custody protocols must be rigorously enforced so that the collection of electronic data does not breach the threshold of forced self-incrimination.

3. Key Deliberations from DBRANLU’s Working Sessions

The symposium featured panel discussions between constitutional jurists, academic scholars, and trial advocates. Several actionable themes emerged:

Decriminalization and Community Service: The inclusion of "community service" as a recognized penal measure for petty offenses under Section 4 of the BNS, 2023, reflects a shift toward restorative rather than purely retributive justice, echoing constitutional ideals of reformative penal policy.
Timelines in Justice Delivery: The institutionalization of strict statutory timelines for framing charges, supplying documents to the accused, and pronouncing judgments under the BNSS reinforces the Article 21 right to a speedy trial.
Legal Aid as a Structural Imperative: Access to legal representation under Article 39A is not an act of state charity; it is a foundational component of fair trial jurisprudence, especially when litigants face digital investigations or complex remand proceedings.

4. Relevance for Litigants in Mumbai and the Mumbai Metropolitan Region

For citizens and litigators operating across Mumbai, Thane, and Mira Road, these academic insights have immediate, practical applications:

Writ Jurisdiction Before the High Court: When executive action or statutory power under the BNSS oversteps procedural bounds, recourse under Article 226 of the Constitution before the Bombay High Court remains the primary shield for preserving personal liberty and challenging arbitrary detention.
Enforcing Bail Principles: The foundational maxim that "bail is the rule, jail is the exception" remains a constitutionally mandated interpretation of Article 21, applicable with equal force during pre-trial stages under Section 479 of the BNSS (pertaining to maximum detention periods for undertrials).
Digital Evidence Scrutiny: In financial and corporate crimes frequently litigated in Mumbai’s economic corridors, strict adherence to mandatory verification and hashing protocols under the BSA, 2023, ensures trial integrity against fabricated electronic records.

Frequently Asked Questions (FAQs)

1. What is the significance of Samvidhaan Diwas (Constitution Day)?

Celebrated every year on November 26, Samvidhaan Diwas marks the day the Constituent Assembly formally adopted the Constitution of India in 1949, which subsequently came into full effect on January 26, 1950. It serves as an occasion to reaffirm national commitment to constitutional values, fundamental rights, and institutional checks and balances.

2. How does the "Living Constitution" concept impact new criminal laws like the BNSS and BNS?

The concept of a living constitution dictates that statutory laws—including the newly enacted BNS, BNSS, and BSA, 2023—must always be interpreted through the lens of modern constitutional values. If any statutory provision conflicts with fundamental rights under Articles 14, 19, 20, 21, or 22, the constitutional safeguard prevails over the statutory provision.

3. Can constitutional remedies be invoked directly during criminal proceedings?

Yes. Under Article 226 of the Constitution, individuals can approach the jurisdictional High Court (such as the Bombay High Court) seeking writs of Habeas Corpus, Mandamus, or Quashing of FIRs where there is an apparent violation of fundamental rights, abuse of police process, or arbitrary deprivation of personal liberty.

4. What protections exist against arbitrary arrest under current procedural laws?

Under Article 22 of the Constitution, read with the BNSS, 2023, an arrested individual has the right to be informed of the grounds of arrest, the right to consult a legal practitioner of their choice, mandatory production before a Magistrate within 24 hours (excluding transit time), and mandatory medical examination under Section 53 of the BNSS.

Conclusion and Legal Assistance

Dr. B.R. Ambedkar’s characterization of the Constitution as a "vehicle of life" reminds us that rights are not self-executing; they require vigilant preservation in trial courts, high courts, and institutional forums alike.

At APS Law, our team assists individuals, corporate clients, and families across Mumbai, Thane, and Mira Road with constitutional remedies, criminal defense, bail matters, and writ petitions before the Bombay High Court. If you are navigating a legal dispute or seeking guidance on your constitutional and statutory rights under the new criminal codes, contact APS Law today to schedule a focused consultation.