A Look Back on Constitution

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The detailed and thought-provoking aspects of such a constitution have been remarkably made. The fact that the constitution has dealt with the rights of citizens on India. Comprehensively over the past 70 decades or so has been remarkable.

Hitesh Mankar, Advocate, Supreme Court of India

It is well known that the longest constitution of the world is the Constitution of India. With such a comprehensive and well-maintained Constitution with it containing 395Articles, 22 Parts and12 Schedules. The detailed and thought-provoking aspects of such a constitution have been remarkably made. The fact that the constitution has dealt with the rights of citizens on India. Comprehensively over the past 70 decades or so has been remarkable.

The constitution of India has its roots mainly attributed to various nations from which we derived our most beloved powers such as DPSP’s from Ireland and Parliamentary form of government from United Kingdom. But the fact is that while the constituent assembly has been credited with the formation and articulation of the Constitution, much of it has been there since before any such committee ever existed. The Constitution was drafted in 2 years 11 months and 17 days, but the reality is a bit more complicated. The roots of the constitution were present in 1909.

In 1909, British enacted a law known as the Indian Councils Act, 1909 which led to a bifurcation of central and state function, much of the matters discussed in state, central and concurrent lists of the Constitution owe their origin to this. The idea was originally conceived through this.

After 1909, it was in 1919 that the Government of India Act came into force which served as much more evolved form of the 1909 Act, thus also providing a communal representation as part of the Lucknow pact of 1916.

Subsequent protests and round table conferences led to the inception of the incredibly famous Government of India Act, 1935. Most of the Act has found its way into the Constitution. The Act was a direct consequence of round table conferences and thus much of the concepts of voting rights, federalism etc. found their way in the Act. Though the Act did involve federal principles, the Act never implemented most of such principles.

Widespread riots and efforts of freedom fighters led to the 1946 British Cabinet mission, consequentially allowing the Constituent Assembly to be formed and the present Day Constitution to be conceived. The 1947 Indian Independence Act allowed the C.A unlimited powers to draft the Constitution of India. And thus, the Indian Constitution came into existence.

CONTEMPORARY CONTEXT

The constitution, as is envisaged by the preamble embodies and reflects the fundamental values, the philosophy the C.A had envisaged and the objective which the constitution is set to achieve.

FEDERAL SYSTEM

In furtherance of achieving national stability, the constitution has allowed for a federal system of government wherein we see the states and centre having separate and distinctive functions. We see today that most of the dispute among the centre -state level arse due to political difference and ideologies between the centre and state.

This has proved to be detrimental for the citizens and affects their rights due to states or centre not fulfilling their obligations and duties as envisaged by the constitution. This has become more apparent in the current pandemic, with various state and central agencies combining efforts, this disparity has become more visible.

THREE PILLARS OF CONSTITUTION

Another feature is the distinction between the three pillars of the constitution. The doctrine of separation of powers is well known and part of the basic structure of our constitution.[1] The doctrine merely states that there shall be separation of powers among the three pillars of our democracy, namely the legislative, executive and judiciary which shall perform their functions within their own spheres. Encroachment into each other’s sphere is termed unconstitutional and a fundamental violation of the basic structure of our constitution.

FUNDAMENTAL RIGHT

The Constitution further obliges every citizen with fundamental rights that allow a person to legally enforce them in courts. These rights are generally enforced as against the state but violations of these rights even by private individuals would entail legal action.

These rights and in addition of the directive principles of state policy have taken forefront in recent times with right to dissent, right to information, right to be heard, right to express have all been discussed extensively. Most of all, right to equality as envisaged by Article 14 of the Constitution of India has in recent times suffered a lot. Atrocities that are still committed against economically and socially backward classes are still present. Article 15 and 16 further support Article 14 in order to end such atrocities.

The fundamental rights granted by the constitution further help a citizen in living their life effectively and undisturbed from evils of the society.

CONCLUSION

Let us all pledge on this Constitutional day (26th of November 2020) that we as citizens of India will uphold the preamble of Indian Constitution and be the idle citizens of this nation and help it develop it further. We shall further speak against any injustice committed against the vulnerable and help in such cases to bring equality to all.


[1]Keshavananda Bharti vs. State of Kerala, AIR 1973 SC 1461.

EOM.


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