City Events | NLS Faculty Jai Brunner’s Public Discussion at BIC – ‘The Constitution in Decline?’

NLS faculty member Jai Brunner led a public discussion at the Bangalore International Centre (BIC) centred on the thematic question, ‘Has the Constitution succeeded (so far)’? on January 11, 2025. The event formed a part of the BIC’s The Forum – a series of engaging discussions held at the BIC Library. In the lead up to Republic Day, this rendition of The Forum was focused on critically engaging with the Indian Constitution. The audience comprised a wide range of participants, from secondary-school students to practicing High Court litigators.

Abstract

The Constitution came into force on 26 January 1950. This session of The Forum asks the question: “Has the Constitution succeeded (so far)?” Eminent Senior Advocate Arvind Datar would say yes. In a recent talk celebrating the “Indian Constitution @ 75 Years”, he reminded us that most fledgling post-colonial states saw their experiments with democracy fail. By contrast, India’s “improbable democracy” survived the 20th Century, even in the face of existential threats.

Then, how are we to make sense of India’s current backsliding on global democracy rankings? How are we to respond to those who tell us that our fundamental rights and democratic institutions are in decline? We might worry that the Constitution is no longer fit for purpose. Yet, equally, we might see the Constitution as the only thing standing between us and tyranny. In short, is the Constitution failing us? Or, are we failing the Constitution?

Summary

During the session, Jai Brunner engaged with questions about the Constitution’s success and failure, both by examining contemporary constitutional controversies, and attempting to place them in the historical context of India’s founding. The discussion was divided into two parts. In the first half, the audience engaged with contemporary constitutional controversies. The audience discussed State policies pertaining to issues such as citizenship or federalism, and identified how the public assesses the legitimacy of such policies through the prism of the Indian Constitution. In the second half, Brunner challenged the audience to defend why we should rely on the Constitution to assess the legitimacy of State actions. He challenged the audience to respond to classic critiques of thick constitutionalism, such as Marmor’s “dead-hand of the past” argument. The audience too pushed back, ultimately reaching the near unanimous consensus that the Indian Constitution is a living social contract, which is continuously legitimated by and through the people.

About The Forum Series

Whether you’re passionate about current events, social issues, or cultural topics, The Forum at BIC provides a platform for open dialogue and thoughtful exchange of ideas. Inspired by the ancient Roman forums, where citizens gathered to discuss and debate the issues of the day, these sessions aim to revive this tradition of community dialogue. Its goal is to bring together individuals from all walks of life, ages 15 to 50, to discuss topics of importance in a setting that is both informed and informal.