MORALITY, METAPHORS AND THE CONSTITUTION

THE Constitution has been considered the supreme law of the land when it comes to the responsibility of courts in matters of judicial review.

It logically follows that constitutional courts, like the Supreme Court and high courts, focus on two key questions: what does the text mean, and how does it convey that meaning? The meaning of words in the Constitution, however, can be viewed as continuous as it has been established over time through judicial decisions and confirmed in reference to sources such as dictionaries and thesauruses.

This is reflected in the popular metaphor of the Constitution as being a dynamic or living document that adapts and develops over time. In the Kesavanada Bharati case, Justice HR Khanna referred to it as "the vehicle of the life of a nation" and observed that "the Constitution is not a gate, but a road". The metaphors highlight the significance of the Constitution as the bedrock of our legal system.

The Constitution is designed to evolve alongside the changing needs of society.

Hence, when it comes to interpretation, judges, whose decision will stand till such time as either the legislature or the executive do what they are expected to do, frequently consider whether to adhere to the underlying spirit of the law or its literal wording. Judges often employ metaphors to convey the significance of legal texts. One example is the concept of the 'penumbra'. It suggests that specific guarantees in Part III have an aura that extends beyond their explicit wording, giving them additional meaning.