Author – Divyanshi Rathour
(City Law College, Jankipuram Lucknow)
The Constitution of India: A Testament to Democracy and Justice
The Indian Constitution is the world’s longest-written constitution, a shining beacon and a testament to the dynamic spirit of democracy. More than a legal document, it is the very soul of India, carefully penned with justice, liberty, equality, and fraternity for its vast population. It does lay a foundation to the robust democratic framework of India, a system that continues to evolve and adapt to the changing needs of the nation. This blog delves into the heart of this exceptional document: from its genesis to the key features and fundamental rights, landmark judgments, and ongoing relevance in modern India.
Birth of an Idea:
It was from the smoldering ashes of British colonial rule that the idea of an independent India, with its very own constitution, was born. Years of self-rule struggle, marked with powerful independence movements, and the unyielding spirit of leaders such as Mahatma Gandhi culminated in the eventual transfer of power. The demand for a constitution to govern the newly independent nation became paramount at this point in time.
The Constituent Assembly, formed on December 9, 1946, undertook the monumental task of drafting the Constitution. This assembly, representing all walks of life-people from all regions, religions, and ideologies began a long process of discussion and debate. Under the visionary leadership of Dr. B.R. Ambedkar, the chief architect, the assembly crafted a very precise document that reflected the aspirations and ideals of a nation yearning to be free from tyranny and meet the gateways to justice. The Constitution was adopted on November 26, 1949. It came into effect on January 26, 1950-a day that since has been celebrated as Republic Day.
Key Features of the Constitution:
Indian Constitution is a written document. It is one of the longest and most comprehensive constitutions in existence. This is the Indian Constitution’s biggest strength – its ability to evolve with changing socio-political scenarios of the nation. It is also based on a federalist structure, though unitary in bias, with equal powers of the central government and states. The division of powers among the legislature, the executive, and the judiciary provides a strong infrastructure of checks and balances to avoid the hegemony of any one of them. The Preamble is a concise statement of the basic objectives of the Constitution and embodies the aspirations of the nation. It is to constitute India into a sovereign, socialist, secular, democratic republic ensuring justice, liberty, equality, and fraternity for all citizens.
Structure of the Constitution:
When the Constitution of India was originally adopted on 26 November 1949, it had eight schedules and nine parts. Along with time, however, several amendments increased the numbers. It now has 12 schedules and 25 parts for the Constitution. The Indian Constitution is divided into 25 parts, containing 470 articles (including amendments), and 12 schedules. Each part addresses specific aspects of governance and citizen rights. Key parts include:
- Part I: The Union and its Territory: Defines the geographical boundaries of India and its status as a sovereign nation.
- Part II: Citizenship: Outlines the criteria for Indian citizenship.
- Part III: Fundamental Rights: (Detailed below)
- Part IV: Directive Principles of State Policy: Non-justifiable guidelines for the state to strive for social and economic justice.
- Part IVA: Fundamental Duties: Responsibilities of citizens towards the nation and its constitution.
- Part V: The Union: Deals with the structure, powers, and functions of the Union government.
- Part VI: The States: Addresses the structure, powers, and functions of state governments.
Fundamental Rights – The Heart of the Constitution:
Part III (Articles 12-35) enshrines the Fundamental Rights, the cornerstone of Indian citizenship. These rights are fundamental to the dignity and freedom of every individual and are enforceable through the courts. They are:
- Right to Equality (Articles 14-18): Guarantees equality before the law, prohibits discrimination based on caste, religion, sex, or place of birth, and ensures equal opportunity for all.
- Right to Freedom (Articles 19-22): Includes freedoms of speech and expression, assembly, association, movement, residence, and profession, subject to reasonable restrictions. It also protects against arbitrary arrest and detention.
- Right against Exploitation (Articles 23-24): Prohibits forced labor (begar) and child labor.
- Right to Freedom of Religion (Articles 25-28): Guarantees freedom of conscience and religion, subject to public order, morality, and health.
- Cultural and Educational Rights (Articles 29-30): Protects the rights of minorities to conserve their distinct language, script, and culture and to establish and administer educational institutions.
- Right to Constitutional Remedies (Article 32): Grants the right to approach the Supreme Court for the enforcement of Fundamental Rights. This right itself is a Fundamental Right.
Key Cases Regarding Fundamental Rights
Following are some landmark judgments of the Supreme Court in relation to the interpretation and application of Fundamental Rights:
Kesavananda Bharati v. State of Kerala (1973): Introduced the doctrine of the “basic structure,” ruling that Parliament can neither abrogate nor amend the Constitution with the intent of changing its essential structure.
Maneka Gandhi v. Union of India (1978): It significantly expanded the ambit of the Right to Life and Personal Liberty, associating it with other fundamental rights.
Indira Sawhney v. Union of India (1992): this case dealt with reservations/affirmative action in public employment as well as in educational institutions.
Navtej Singh Johar v. Union of India 2018: Scrapped the law criminalizing consensual homosexual acts and thus invalidated Section 377 of the Indian Penal Code.
Regarding writs, the Constitution of India, under Article 32 (Right to Constitutional Remedies), gives the Supreme Court the power and under Article 226, High Courts, the power to issue five kinds of writs:
Habeas Corpus: This writ literally means “to have the body.” It is used to challenge unlawful detention. If somebody has been imprisoned without due process of law, this writ can be used to bring them before the court and determine the legality of their confinement.
Mandamus: This writ literally means “we command.” It directs a public authority to do something which it has refused or neglected to perform. It compels, in effect, the authority to act in accordance with the law.
Prohibition: This writ prohibits a subordinate court or tribunal from assuming or exercising jurisdiction or acting illegally. It prohibits a court from assuming powers it does not possess.
Certiorari: This writ requires a lower court or tribunal to send the record of a case before it for review by a higher court. It enables a higher court to quash illegal or erroneous decisions entered by a lower body.
Quo Warranto: This is a writ that contests whether a person ought to be in a public office. The writ challenges whether the person lawfully holds that position and can be used to remove someone who is illegally occupying a public office.
These five writs are very fundamental to upholding the rule of law and protecting fundamental rights.
Directive Principles of State Policy and Fundamental Duties:
Part IV states the Directive Principles of State Policy, non-justifiable guidelines which the government should pursue on its way to social and economic justice. These include free and compulsory education, equal pay for equal work, and the protection of the environment. Part IVA, an afterthought, mentions Fundamental Duties, with citizens spelling out their duties towards the nation and its constitution. These include respect for the Constitution and a commitment to pursuing the ideals in it, and fostering national integration.
Constitution’s Evolution: The 42nd Amendment – A Mini-Constitution:
The Indian Constitution has witnessed a vast number of amendments since its adoption. Its ability to accommodate changing circumstances is testified to here. Indeed, the 42nd Amendment (1976) is one such landmark step in the history of Indian constitutional amendments. Introduced during the early days of the Emergency declared by Indira Gandhi, it made far-reaching changes, including:
Amending the Preamble: Incorporated the terms socialist as well as secular to express the nature of the government.
Fundamental Duties: Incorporated fundamental duties in addition to Fundamental Rights.
Directive Principles: Increased the status of Directive Principles against Fundamental Rights
Judicial Review: Restrictive judicial review that reduces the capability of the Supreme Court to declare laws NULL AND VOID.
These changes sparked considerable debate and controversy, raising concerns about the erosion of democratic principles. Subsequent amendments, particularly the 44th Amendment (1978), partially reversed some of the more controversial provisions of the 42nd Amendment, restoring a degree of balance to the system. The 42nd Amendment, despite its controversies, underscores the constitution’s capacity for significant change through amendments, reflecting the nation’s evolving political landscape and priorities.
The Indian government structure and functions were vastly changed through the 42nd Amendment. As an example, it strengthened the Parliament’s powers to amend the Constitution and narrowed the judicial review over certain governmental actions. This further centralized power in the executive branch and arguably swept the balance further away from the original intent of checks and balances. These sweeping changes fundamentally altered the political landscape of the nation, inspiring great support but also stern opposition. The subsequent repeal or amendments of some of its provisions in the following years go to show how debate and interpretation of the Indian Constitution were an ongoing process.
The Constitution in Practice:
The Indian Constitution is not just a static document; it is a living, breathing one. The principles of the Constitution are applied actively through different mechanisms such as judicial review, public interest litigation, and so on.
Judicial Review: The judiciary’s power to review legislation and government actions ensures that laws are constitutional and keeps fundamental rights secure.
Public Interest Litigation: Enables citizens and groups to bring matters before the courts of national importance, thus furthering accountability and justice.
The Indian Constitution allows citizens the right to actively invoke their Fundamental Rights through various legal channels, seeking redress for violation.
Many examples depict how this Constitution influences daily life, in the form of landmark cases that have allowed the scope of rights to expand, protection for marginalized communities, and enforcement of various social justice initiatives.
Conclusion:
The document, through this adaptability-namely, through numerous amendments-evidently demonstrates its amenability to change and responsiveness to the needs of society. The debates and judicial interpretations that continue to reflect its changing norms keep its principles relevant and applicable in the modern age of India. Every citizen should understand and appreciate the values enshrined in this remarkable document and work to uphold its ideals for a just and equitable society. The Constitution is not just a legal text but a living testament to the dreams and aspirations of a nation – a framework ensuring continued progress towards a more perfect union.
