The name of the book governing the democracy of our country is Indian Constitution. It would not be wrong if the scripture of the world's largest democracy, that is, the Constitution of India, is said to be the result of the political consciousness awakened during the freedom movement. Keeping in view the interests of all the communities and sections of the country, detailed provisions have been included in the Indian Constitution.
As a result of this, even after 74 years of independence, the Indian Constitution remains intact, alive, and continuously functional. The Indian Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. 26 November is Constitution Day and on this occasion, we are going to tell you some special things related to our Constitution…
In general, the constitution is said to be a written document of rules and bye-laws on the basis of which the government of a country works. It determines the basic structure of the political system of the country. The constitution of every country is the accumulated reflection of the ideals, objectives, and values of that country. The constitution is not just a document, but it keeps on evolving with the passage of time.
The Indian Constitution is the longest written constitution in the world which is unique from the point of view of elements and spirit. Originally the Constitution of India had a total of 395 articles (divided into 22 parts) and eight schedules. But as a result of various amendments, it currently has a total of 448 articles (divided into 25 parts) and 12 schedules. Along with this, five appendices have also been added to it, which were not there earlier.
The drafting committee of the Indian Constitution was established on 29 August 1947. Dr. Bhimrao Ambedkar was appointed as the chairman of this committee. This is the reason that Dr. Ambedkar is also called the architect of the Constitution. The credit for the making of the Constitution in India is mainly given to the Constituent Assembly. The idea of the formation of the Constituent Assembly was first given by the leftist leader MN Roy in the year 1934.
After the failure of 'Cripps Mission' in 1946, a three-member cabinet mission was sent to India. The draft of a basic framework for the making of the Indian Constitution was finally accepted through a resolution passed by the Cabinet Mission, which was named the 'Constituent Assembly. Its 284 members signed the document on 24 January 1950. It took two years, 11 months, and 18 days to pass it.
The new Constitution of India is largely based on the Government of India Act of 1935 and the Nehru Report of 1928, but Ambedkar's influence was very strong throughout the period of its finalization. Dr. Ambedkar was also well aware of the strength and limitations of the Indian Constitution. In this context, he had said that the success or failure of the Constitution would ultimately depend on the people who have the responsibility to govern. He was also well aware that the Constitution has established political equality, but social and economic equality is yet to be achieved. Which is also necessary for maintaining political equality.
Six fundamental rights have been described in the third part of the constitution. In fact, the main objective of Fundamental Rights is to promote the spirit of political democracy. It acts as a deterrent to the arbitrary laws of the executive and the legislature. In case of violation of fundamental rights, they can be enforced through the court. Apart from this, the secularism of the Indian Constitution is also considered to be its main feature. Being secular, no one religion has been given special recognition in India.
Liberty: The idea of Liberty refers to freedom over the activities of Indian citizens. It establishes that there are no unreasonable restrictions on Indian citizens on what they think, the way they express themselves, and the way they choose to practice their views. However, liberty does not mean freedom to do anything, and it must be exercised within constitutional limits.
Equality: The term 'equality means the absence of special privileges to any section of the society and providing adequate opportunities to all persons without any discrimination.
Fraternity: It reflects the spirit of brotherhood and brotherhood and the sense of belongingness among the people of the country.
The Preamble to the Constitution of India is considered the best in the world. It is believed to be influenced by the US Constitution. The Preamble of the Constitution of India says that the power of the Constitution is directly vested in the people. The Constitution of India is the supreme law of the country. It determines the fundamental political principles, procedures, practices, rights, powers, and duties of the government.
It is noteworthy that in the year 1976, through the 42nd Amendment, the word 'Secular' was added to the Preamble of the Constitution. An important question related to the constitution is related to the interpretation or interpretation of the constitution. As per the rules, the Supreme Court is the final interpreter or interpreter of the Constitution. Only the Supreme Court can render the final statement regarding the meaning and implications of the provisions contained in the Constitution and the terminology used therein.
'Constitutional Interpretation' means the interpretation of various provisions of the Constitution as an attempt to resolve disputes relating to the meaning or application of the Constitution, so as to broaden the scope of the provisions. The constitution is not a static document, rather it is a dynamic document. Which evolves and changes with time to meet the changing needs of society.
The laws passed by the Parliament can be easily enforced and repealed equally, whereas the nature of the constitution is quite different from that of the law. The constitution is made keeping the future in mind and it is relatively difficult to repeal it. That is why it needs to be explained according to the prevailing circumstances.
Today's time is said to be the fourth stage of the development of constitutional interpretation. It is noteworthy that the Supreme Court has given many such decisions, in which the era of social change has been started by recognizing the rights of the individual. Last year, the Supreme Court lifted a ban barring women in the age group of 10-50 years from entering Kerala's Sabarimala temple and said "there cannot be gender discrimination in devotion". At the same time, in the year 2018, the Supreme Court. While giving a historic verdict, had made homosexuality out of the purview of crime.
Social regulation was first envisaged by Thomas Hobbes in the theory of social agreement. Which refers to the natural state of man (where man has only two rights, first – the right to protect his life and second – to do anything to protect his life) was seen in order to better social progress. Under the conditions of the natural state, there was widespread disorder in society. In the name of protecting himself, man used to violate the rights of others in a moment.
The position of the natural state was based on 'Power is Truth'. Therefore people always had doubts about taking away their life, rights, and property from this. Therefore, people agreed on the principle of social settlement for a better and coordinated system of politics and society at the collective level. In which a system of respect for each other's rights was established by all the people.
