Mahadeep Singh Jamwal
When the populace of India put together to commemorate 75th republic day, it takes us to the Constitution of India crafted by Dr. BR Ambedkar, solidifying India’s status as an independent republic. Republic Day is joyously observed throughout India as a day to commemorate the Constitution of Independent India that replaced the colonial Government of India Act of 1935. With the 1950 constitution, the country was officially came to known as the Republic of India, a “sovereign socialist secular democratic republic” (The terms “Socialist”, “Secular”, and “Integrity” were added to the Preamble of Indian Constitution in 1976 through the 42nd Constitutional Amendment) that “secures all its citizens justice, liberty, equality, and fraternity,” according to its preamble. While discussing with reference to the Constitution we should be well informed about how it came into an arrangement? Prior to adoption of the Constitution, India was governed by ‘Government of India Act, 1935’ that was rejected by INC in 1936, as it imposed the Constitution which was against the will of the Indians, and demand for a Constituent Assembly was raised that was accepted by the British in August 1940. The elections for the 296 seats assigned to the British Indian provinces were completed by August 1946. The Constituent Assembly of India, consisting of indirectly elected representatives, was established to draft a constitution for India that met for the first time in New Delhi on 9 December 1946, and its last session was held on 26 November 1949 adopting the Constitution that was signed by 284 members of the Constituent Assembly on 24th of January and ultimately ‘The Constitution of India’ came into effect on 26th of January 1950, as such 26th January is celebrated as Republic Day’ in India. The national slogan of the Indian Constitution is “Satyamev Jayate” or “Truth always wins”.
The Constitution is a set of laws and rules that sets up the machinery of the Government which defines and determines the relations between the different institutions and components of the government, the executives, the legislature, the judiciary, the central, and the local government. The Constitution is the fundamental law of a nation that outlines the powers and limitations of the government and the rights and duties of its citizens. The constitution sets the framework for the governance of the country, and serves as a safeguard against abuse of power. The basic objective of our Constitution is to ensure the liberty and dignity of the individual and to place fundamental human rights above the reach of the state and temporary politicians in power.
What safeguard the Constitution has given to a common man? When we traverse on this horizon, we find the Constitution has given the following fundamental rights to the common man. 1. Right to equality (Article 14-18), 2 Right to freedom (Article 19-22), 3 Right against exploitation (Article 23-24), 4 Right to freedom of religion (Article 25-28), 5 Cultural and educational rights (Article 29-30), 6 Right to constitutional remedies (Article 32-35) and 7 right to property (Added by 44th Amendment Act 1978 of the Constitution of India). In India, our Constitution allows fundamental duties, directive principles and fundamental rights to the citizens. The purpose of these sections is to ensure that everything is divided equally in creating a better nation and to constitute India into a sovereign, socialist, secular, and democratic republic country.
The Indian Constitution is known as a bag of borrowings and draws its features from the Constitutions of many countries. There are various provisions borrowed from other nations but they are absorbed in the Indian Constitution to suit its polity and governance. Dr BR Ambedkar rightly said that it was created after ransacking the known Constitutions across the world. The borrowed features for Indian Constitution from various countries are: 1 Government of India act of 1935 (Emergency provisions, Public service commission, Judiciary system, Federal scheme, Office of governor), 2 Australia (Concurrent list seventh schedule, Freedom of trade and commerce, Joint sitting of the two houses of parliament), 3 Canada (Federation with a strong Centre, Vesting of residuary powers in the Centre, Appointment of state governors by the Centre and Advisory jurisdiction of the Supreme Court), 4 Ireland (Directive Principles of State Policy, Nomination of members to Rajya Sabha, Method of election of the president), 5 Japan (Procedure Established by law), 6 Soviet Union (Fundamental duties, Ideals of justice (social, economic and political) in the Preamble), 7 United Kingdom (Parliamentary government, Rule of Law, Legislative procedure, Single Citizenship, Cabinet system, Prerogative writs, Parliamentary privileges and Bicameralism), 8 United States of America (Fundamental rights, Judicial review, Impeachment of the President, Removal of the Supreme Court judge and High Court judge, Preamble of the Constitution Independence of the judiciary, Electoral college, Post of vice-president), 9 Germany (Suspension of Fundamental Rights during emergency), 10 South Africa (Procedure for amendment in the Indian Constitution, Election of members of Rajya Sabha), 11 France (Republic, Ideals of liberty, equality and fraternity in the Preamble).
Concluding, the Constitution guarantees the opportunity to the individual to develop his potential to the maximum of his capability and such opportunities are provided in the form of fundamental rights and government cannot trespass them, which are enforceable by the courts. It decides how the government will be constituted. It set some limits on what a government can impose on its citizens. A constitution is an essential tool for self-government. It is like a rule book describing how a nation will be governed – the fundamental law of a nation.
