The preamble of the Constitution states, "We, the people of India." But the question arises—who are these people? Are they the same individuals who existed in 1949, or does this phrase encompass every citizen of India, regardless of time?

Yes! “We, the people of India” includes every individual who resides in India and is governed by the Indian Constitution. However, when we agree that all people at all times will be called the people of India, we cannot design the Constitution in a way that it only reflects the aspirations of the people of 1949. As times change, people also change, and so do their needs and aspirations. The Constitution must be designed in such a way that it can adapt to the demands and nature of its people over time. This is why we call the Indian Constitution a living document.

Article 368 of the Indian Constitution includes a specific process for amending it, which makes it a living document. The inclusion of the amendment process stems from the understanding that no document can be made perfect in one go. It was clear that future administrations might face certain challenges, and addressing those challenges would require relevant constitutional provisions to be modified in accordance with the needs of the time.

In the landmark case of Kesavananda Bharati v. State of Kerala (AIR 1973), the Supreme Court explicitly stated, "No generation has a monopoly over knowledge nor does it have the right to bind future generations to its own requirements of government machinery." If there had been no provision for amending the Constitution, people might have turned to revolutionary or extra-constitutional methods to alter it.

The fact that the Constitution can be amended as per the needs of the time makes it a dynamic document.
The Constitution being a living document can be better understood through the following points:

1. Amendments to the Constitution

The Constitution must be capable of addressing contemporary challenges. The state must have the ability to amend the Constitution as and when needed.
Under Article 368, the Indian Constitution provides for its amendment through the following procedures:

(A) Special Majority of Parliament:
Certain provisions of the Constitution can only be amended by a special majority in Parliament, which means two-thirds of the members present and voting, along with a majority (i.e., more than 50%) of the total membership of each House. Provisions amendable by this method include fundamental rights, directive principles of state policy, and all provisions not classified under other categories.

(B) Special Majority of Parliament and Ratification by Half of the States:
Certain provisions require not just a special majority in Parliament but also ratification by at least half of the state legislatures. Examples include:

• Articles 54 and 55 – Election of the President
• Articles 73, 162, 241, and 279A – Executive powers of the Union and States
• Articles 124–147, 214–231, and 241 – Judiciary in states and Union territories, Supreme Court, and High Courts
• Articles 245–255 – Legislative powers distribution between Union and States
• Article 279A – GST Council
• Article 368 itself
• Representation of states in the Fourth Schedule
• Lists in the Seventh Schedule

(C) Simple Majority of Parliament:
Some provisions fall outside the purview of Article 368 and can be amended by a simple majority. These include provisions for creating new states, abolishing state legislative councils, etc.

2. Rigidity of the Constitution

The framers of the Constitution ensured that the essential nature of the Constitution could not be altered. It protects the rights and freedoms of citizens and imposes limits on the powers of the state. These safeguards can only be amended by a special majority of Parliament.

3. Role of the Judiciary

The judiciary has played a significant role not only in preserving the essence of the Constitution but also in its evolution.

(A) Basic Structure Doctrine:
Propounded in the famous Kesavananda Bharati case (1973), this doctrine prevents Parliament from altering the essential features of the Constitution, referred to as its "basic structure." These include various constitutional ideals like secularism, the rule of law, federalism, etc.

(B) Transformative Nature of the Constitution:
The judiciary has brought transformative changes over time through an extensive interpretation of the Constitution. For example, in the historic Justice Puttaswamy case, the Supreme Court recognized the right to privacy as a fundamental right under Article 21, in keeping with the evolving needs of society.

We can conclude that the Indian Constitution is indeed a living document. Its flexibility allows certain parts to be amended, while its rigidity preserves the fundamental provisions. This balance prevents misuse while retaining the spirit of the Constitution. The presence of the basic structure doctrine ensures that the legislature cannot destroy the essence of the Constitution, thus protecting its core values. Furthermore, requiring state participation in certain amendments makes the Constitution more inclusive and well-rounded.