India’s seventy-seventh Republic Day will be celebrated on 26th January, 2026, as a tribute to the day our Constitution came into force, shaping India into the world’s largest democracy. It is a day to honour the ideals that define the Republic of India and to celebrate the progress ‘We the people of India’ continue to make. 26th January was chosen by our freedom fighters to honour the ‘Purna Swaraj’ Declaration of 1930, when the Indian National Congress declared complete independence from British rule. Adopting this date symbolised continuity between the Freedom Movement and the Constitutional Republic.
Parsi Guardians of the Constitution
On this occasion, it would be appropriate to also celebrate the contribution of a few Parsi Zoroastrian iconic guardians of the constitution of India. Our Indian community has produced some of the nation’s most influential legal minds, constitutional experts and jurists, who have shaped Indian jurisprudence and defended fundamental rights. A name that comes instantly to mind is Hormasji (Homi) Maneckji Seervai (1906–1996). Considered one of the most renowned Constitutional experts, his works are cited popularly in various Indian cases and law journals. Seervai’s impact on defining the limits of parliamentary sovereignty and in declaring the constitution as supreme has been enormous and has become an accepted principle that is upheld even by the Supreme Court of Pakistan.
His famous ‘Constitutional Law of India – a Critical Commentary’ analysis (1967) contributed significantly to the landmark case, Kesavananda Bharati vs. The State of Kerala (1973), which led to the development of the ‘Basic Structure Doctrine,’ which inhibits politically motivated changes to the Constitution of India. The court’s decision established that a legislature, elected for the legislative process, does not have the ability to amend the basic structure of the constitution. The same principle was championed by the Supreme Court.
Nani A. Palkhivala (1920–2002) was yet another legendary Indian jurist and constitutional expert who championed civil liberties, opposing the erosion of fundamental rights, and further fortified the ‘Basic Structure Doctrine’ in the Kesavananda Bharati case, which restricted Parliament’s power to amend the constitution. Known as a ‘Defender of the Constitution’ and ‘Conscience Keeper of the Nation,’ he argued that the Constitution must evolve but its core identity must remain unaltered.
He advocated for freedom of expression and the press, frequently challenging government efforts to restrict them, such as the 1972 newsprint import controls. In 1974, he authored ‘Our Constitution Defaced and Defiled’ to critique the misuse of constitutional amendments during the Emergency and to warn against the degradation of democratic values. He emphasized that ‘constitutional morality’ was just as vital as ‘constitutional legality,’ stating that a constitution is only as good as the people who uphold it. He believed it was designed for the common man and should promote liberty.
He was also instrumental in landmark cases like the Bank Nationalization Case, the Privy Purse Case, and the Minerva Mills Case, often opposing the expansion of state power. He was a staunch proponent of the rule of law and expressed concern over the quality of democracy, sometimes arguing that an uneducated populace could lead to the misuse of adult franchise, urging for a more informed electorate. Palkhivala believed that the Constitution was ‘reared for immortality,’ but its survival depended on protecting it from the ‘folly’ of its keepers.
Closer to our time, Fali S. Nariman (1929 – 2024) was another titan of Indian law and renowned constitutional advocate. Regarded as the ‘Bhishma Pitamah’ of the legal profession, he was deeply committed to civil liberties, secularism and judicial independence, and part of several landmark cases. He viewed the Indian Constitution as a resilient, living document, stressing upon the judiciary’s role as its protector and strongly advocating for character-driven implementation of the principles of the ‘Basic Structure Doctrine’ to safeguard liberty and rights. His book, ‘You Must Know Your Constitution’, provides a comprehensive overview and analysis of the Constitution of India.
Walking in the footsteps of his illustrious father, Justice Rohinton Fali Nariman significantly revived the doctrine of ‘manifest arbitrariness’ under Article 14, striking down capricious or excessive legislation, reinforcing judicial power to check executive and legislative excess. He considers the Constitution of India as sacred and famously said, “Let every person remember that the holy book is the Constitution of India, and it is with this book in hand, that the citizens of India march together as a nation, so that they may move forward in all spheres of human endeavour to achieve the great goals set out by this ‘Magna Carta’ or Great Charter of India.”
The Constitution of India
India’s Constitution draws inspiration from several global charters, notably the French ideals of Liberty, Equality and Fraternity, proudly echoed in the Preamble. These principles form the moral and philosophical foundation of our Republic. The Preamble guarantees every citizen justice in social, economic and political life; liberty of thought, expression, belief, faith and worship; equality of status and opportunity; and the assurance of dignity through fraternity.
These values are further protected through six Fundamental Rights: Equality, Freedom, Protection Against Exploitation, Freedom Of Religion, Cultural And Educational Rights, And The Right To Constitutional Remedies. Together, they uphold human dignity and individual freedom. Yet, freedom is meaningful only when exercised with responsibility. True citizenship lies in being mindful of how our choices affect others, acting with restraint when we could do more, and contributing beyond obligation for the greater good of society.
Basic Structure Doctrine
The Basic Structure Doctrine, established by the Supreme Court in the 1973 Kesavananda Bharati case, holds that Parliament cannot amend the Constitution’s core features. It protects principles like democracy, secularism, rule of law and judicial independence, allowing courts to strike down amendments that undermine supremacy. It should be a matter of pride that the key designers of this legal principle were honest and upright Indian Parsi Zoroastrians like Seervai, Palkhivala, Nariman and others.
Parsi Patriotism
Dadabhoy Naoroji is regarded a key figure in India’s nascent Independence Movement. His book ‘Poverty and Un-British Rule in India’ brought attention to his theory of the Indian ‘wealth drain’ into Britain.
The founder of the industrial house of Godrej, Ardeshir Godrej had donated three lakh rupees to the Tilak Fund in 1926 for the upliftment of Harijans and was acknowledged by Mahatma Gandhi as, “The biggest contribution he had received for the cause.”
On August 21, 1907, long before Independence was won, Madam Bhikhaiji Cama designed and unfurled India’s flag of freedom at an International Socialist Conference, in Stuttgart, Germany, while post-independence, Field Marshall Sam Manekshaw scripted India’s victory in the war with Pakistan in 1971.
A less known Parsi, Naval Bhathena, helped shape the future of the man who drafted India’s constitution – Dr. B.R. Ambedkar. They met while studying at Columbia University, New York. Ambedkar was on a scholarship from Maharaja Sayajirao Gaekwad of Baroda. When he wished to pursue further studies in London, Bhathena supported him with a loan of ₹5,000. After qualifying in law, Ambedkar lacked funds to obtain the mandatory sanad required to begin legal practice. Bhathena once again stepped in to assist. With this support, Ambedkar secured his sanad and began his practice as a barrister in June 1925.
Human Rights
Human rights are the basic rights available to any human being by virtue of his birth as a human being – irrespective of nationality, religion, language, sex, colour or any other consideration. Nani Palkhivala would say, “The test of rights is not whether the prosperous having access to the law courts are well protected, or whether living standards of the majority are improving, but whether the weak are helped by the strong.”
Human rights are universal, inalienable, indivisible and interdependent. Everyone is born with equal rights, regardless of gender, race, background or location, and these rights cannot be taken away. All rights are equally important and upheld by the rule of law. However, rights are not unlimited freedoms. They must be exercised with responsibility and respect for others, ensuring that individual liberty never compromises the dignity, safety or rights of the broader community.
Article 29 of the Universal Declaration of Human Rights specifically notes that in exercising rights, individuals are subject only to limitations determined by law to secure respect for the rights of others and to meet the requirements of morality, public order, and general welfare. One person’s freedom of speech cannot extend to hate speech that infringes on another’s right to safety and freedom from discrimination.
This Republic Day let us honour the sacrifices made for our freedom by ensuring it flourishes for future generations through conscious action and ethical choices. Let’s remember that freedom without responsibility leads to chaos, but freedom exercised with responsibility fosters a harmonious and strong nation.