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MY INDIA MY CONSTITUTIONWhat is constitution?
Constitution of India is the supreme lawof India. It lays down
the framework
defining fundamental political principleestablishing the
structure, procedure,
power, and duties of the government &spells out the
fundamentals rights,
directive principles & duties of citizens.
ORIGIN
History of Indian Constitution startedfrom Government of India
Act 1979. It was an act of parliament of UnitedKingdom to expand
participation of native
in government.
Government of India Act, 1935 was thelast constitution of
British Raj. After that,under the guidance of British PrimeMinister
Celment Attle, a frame work ofconstitution [procedure to be
followed
while drafting] was made.
On 29th August, 1947, drafting committee was appointed with Dr.
Bhimrao RamjiAmbedkar [who had degree fromColumbia University &
university ofLondon] as chairman. Besides Dr. BR
Ambedkar the four Congress giants Jawaharlal Nehru, Vallabhbhai
Patel,Rajendra Prasad & Abdul Kalam Azad were dominant players
in drafting the
constitution.
Our constitution is derived from theconstitution of various
countries (like UK,USA, Malaysia, Ireland, France, Japan,Canada,
Australia & Germany). It took 2years, 11 months & 18 days
to be draftedand came with 12 bulky volumes [22partscontaining 448
articles, 12 schedules, 5
appendices & 109 amendments]
Although committee formed for draftingthe constitution did the
job admirably bymiddle of 1949 & assembly approved anew
constitution on November 25, but it
was signed by members on January 24,1950 & came into effect
on 26th January1950, because the choice for the date ofRepublic Day
was made at 1930 Lahoresession of Indian National Congress whereTri
colour was raised for the first time andthe concept of PURNA
SWARAJA came
into picture.
PREAMBLE
Preamble summarizes the aim andobjectives of the constitution
and
preamble of India constitution seeks toestablish what Ghandhiji
described as
The Indiaof My Dream.
WE, THE PEOPLE OF INDIA, havesolemnly resolved to constitute
Indiainto a SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC andto secure to all its
citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief,faith and worship;
EQUALITY of status and of opportunity;and to promote among them
all
FRATERNITY assuring the dignity of theindividual and the unity
and integrity ofthe Nation.
Fundamental rights
Right to Equality, Right to Freedom, Rightagainst Exploitation,
Right to Freedom ofReligion, Cultural and EducationalRights, Saving
of Certain Laws, Right to
Constitutional Remedies.
Ambedkar may bring justice for
Pakistanis
On 5th July 2008, a book on Ambedkarwas launched in Pakistan by
the AuthorYusuf Irfan. He said, Ambedkar struggledhard to eliminate
social injustice fromIndia & served humanity. He also saidthis
book would help Pakistani people
learn about fighting injustice.
EVOLUTION OF LAWS IN 60
YEAR OLD REPUBLIC
Nothing is static in world, all things needto be modified with
time and same is thecase with our constitution. Sri Lankasfirst
constitution lasted for only seven
years and our constitution has survivedfor 60 years and it is
because ourconstitution is continuously amended.
Sir Iver Jenning (constitutional historianof common wealth) once
said, Indian
constitution is Too long, too rigid & too
prolix and it was further made complexby dominance of
lawyerpoliticians in
constituent assembly. So governmentunderstood the importance
of
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amendments and in 2002, nationalcommission to review the working
of theconstitution was set up to look intoupdating the constitution
of India.
Let us discuss few important
amendments that shape the republic:-
1. Representation of people act 1951-Laiddown the procedure and
machinery forpreparing electoral rolls and
demarcatingconstituencies. This act reducescanvassing period from
one month to
fortnight.
2. 1951 amendment - (a) Reasonablerestriction on freedom of
speech andexpression and freedom to practice anyprofession. (b)
Introduction of 9th schedule
to insulate agrarian reform from legalchallenge.
3. Hindu marriage act 1955-Outlawedpolygamy and introduced the
concept of
divorce.
4. Protection of civil act 1955-Penalizes
various manifestations of untouchability.
5. 91st constitution amendment 2003-Defection can take place
through mergeroute (when at least 2\3 of member of
legislature party agree to its merger withanother party)
6. Muslim women act 1986- To appease
Muslim fundamentalist.
7. 73rd amendment Reserving 1\3constituencies for women in
panchayati
raj.
8. Right to information act 2005 isacknowledged as one of the
mostprogressive transparency law in the world.
Besides specifying the limitedorganizations and categories
ofinformation exempted from its
purview.RTI provided for independentappellate bodies and
penalties for errant
officials.
9. National rural employment guaranteeact (NREGA 2005) -This act
guaranteesemployment for 100 days in a year to
every rural household.
AZIM PREMJI-We have shown the world
that it is possible to run a billion sizepopulation in a
democratic manner.About our achievement against the
aspiration to be the sovereign & secular we have done well.
The aspiration toprovide justice (social, economic &political)
is perhaps where we have fallenshort; while we can take pride in
havingdelivered, for the most part, on liberty of
thought, expression, belief, faith and worship. We need to
develop a far moreinclusive society to be able to justify ourdream
of providing EQUALITY of status
and of opportunity.
JUDICIAL ACTIVISM - Judges believe that
they dont make laws, they only interpretlaws, but this is an
illusion. In fact, everynew decision on every new situation
isdevelopment of law. Law does not standstill. A judge must
consciously seek tomould the law so as to serve the need of
the time. He must not be mere mechanic,a mere working meson.
Rather, he mustbe an architect thinking as a structure asa whole
building a just strong anddurable system for society. This concept
isin favour of progressive social policies, fore.g. Supreme Court
in 1989 held thatright to life must be reinterpreted toinclude the
right to live in healthyenvironment with minimum disturbance
of ecological balance with regard to Delhi
pollution case.
SOURCES
Legal-article.deysat.com
Legal service india.com
www.India.gov.in
Times of India & Economic Times dated
24th January 2010
