The Evolution and Legacy of the Indian Constitution (on the eve of National Law Day)

The Evolution and Legacy of the Indian Constitution: Reflections on 75 Years of Nation-building

To commemorate the adoption of the Indian Constitution, November 26 is recognized as National Constitution Day or Samvidhan Diwas or National Law Day. On November 26, 1949, the Constitution was ratified, and on January 26, 1950 it came into effect.

Adopted on November 26, 1949, the Indian Constitution is not merely a legal document; it reflects the aspirations, struggles, and unity of the diverse population of India. Instituted to provide a framework for governance, justice, liberty, equality, and fraternity, the Constitution has continually shaped the socio-political landscape of the country over the past seven decades.

The ideals embodied in the Indian Constitution are built entirely on a solid ethical framework designed to uplift the populace and propel Indian society ahead with a spirit of tolerance and respect for the nation’s diversity. 

 

Origins of the Constitution

The seeds of the Indian Constitution were sown during the Indian independence movement. The desire for self-governance and democratic representation led to various reforms and movements demanding a constitutional framework. The Constituent Assembly, formed in 1946 under the leadership of B.R. Ambedkar, took upon itself the monumental task of drafting the Constitution. Drawing inspiration from various global democratic principles and India's rich historical context, the Assembly incorporated essential features to ensure a pluralistic and inclusive nation.

The Constitution emerged from prolonged debates and discussions, reflecting the vision of a nation that values justice, freedom, equality, and fraternity. Its adoption marked a definitive shift from colonial rule to a sovereign governance structure, empowering citizens and establishing a rule-based society.

Key Amendments

Despite being a relatively young Constitution, it has undergone through some tremendous changes while demonstrating remarkable resilience to every challenge. Our Indian Constitution is a living testament that proves that the desires of heedless political avarice do not govern the populace; rather, it is the will and the words of the Constitution. 

Over the last 75 years, the Constitution has undergone numerous amendments, each reflecting the evolving needs and challenges of Indian society. Some crucial amendments include:

·         First Amendment (1951): This amendment introduced restrictions on the right to freedom of speech and expression, aiming to balance individual rights with social interests.

·         42nd Amendment (1976): Often referred to as the "mini-Constitution," it made extensive changes, including the assertion of the supremacy of the Directive Principles of State Policy over Fundamental Rights.

·         The words “socialist” and “secular” were added to the Preamble in 1976, during the emergency, thanks to the 42nd amendment. It outlined the fundamental tenets of the Constitution.

T     Note: Supreme Court today (November 25,2024) dismissed a batch of petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution as per the 42nd Amendment passed in 1976.The Court noted that the amendment power of the Parliament extends to the Preamble as well.

The Court observed that the original tenets of the Preamble reflected a secular ethos. A number of decisions , including the Constitution Bench judgments in Kesavananda Bharati v. State of Kerala and S R Bommai vs Union of India, have observed that secularism is a basic feature of the Constitution.

As regards socialism, the Court said, "In the Indian framework, socialism embodies the principle of economic and social justice, wherein the State ensures that no citizen is disadvantaged due to economic or social circumstances. The word 'socialism' reflects the goal of economic and social upliftment and does not restrict private entrepreneurship and the right to business and trade, a fundamental right under Article 19(1)(g)."

·         73rd and 74th Amendments (1992): These amendments strengthened grassroots democracy through the establishment of Panchayati Raj institutions and urban local governance, respectively, empowering citizens at the local level.

·         100th Amendment (2021): This recent amendment further enhanced the representation of Scheduled Tribes in the Lok Sabha and State Assemblies, reinforcing the commitment to socio-economic justice.

These amendments and others highlight the Constitution's adaptability and responsiveness to the changing dynamics of society and governance.

The Constitution as a Tool for Empowerment

The Constitution of India has played a pivotal role in empowering ordinary citizens. Its provisions encourage civic engagement, as citizens now recognize their rights and responsibilities under the law. Key principles such as “Sabko Nyay, Har Ghar Nyay” emphasize that justice should be accessible to all, reflecting the democratic ethos of the nation.

Programs like DISHA (Designing Innovative Solutions for Holistic Access to Justice) have been instrumental in bridging legal gaps for marginalized communities by connecting them with legal professionals for free advice. Through initiatives like the Tele-Law Programme, citizens can access legal support conveniently, ensuring that no one is denied justice due to financial constraints.

The Nyaya Bandhu initiative further exemplifies the commitment to providing pro bono legal services, making legal assistance available to those in need. Such mechanisms foster a culture of legal literacy and responsibility amongst citizens, empowering them to hold the powerful accountable.

Celebrating Samvidhan Divas: A Call to Action

Constitution Day, celebrated annually on November 26, serves as a reminder of the values enshrined in the Constitution. The Hamara Samvidhan, Hamara Samman campaign encourages citizens to engage with constitutional principles actively, promoting themes such as Building Constitutional Awareness, Legal Rights and Responsibilities, and Nav Bharat, Nav Sankalp.

The vision for a Viksit Bharat by 2047 is rooted in the ideals of the Constitution. As India progresses, an informed citizenry engaged in democratic processes is crucial for ensuring that the nation remains true to its constitutional commitments. The campaign emphasizes active participation, encouraging citizens to uphold constitutional values and engage with legal and political frameworks to shape the country’s future.

Naked Reality:

Our Constitution ordains India as Secular but all our public policies are Pro-Muslim, Pro-Christian and Anti-Hindu. Such is the magnitude of constitutional hypocrisy and fraud perpetrated on India and Hindus.

Conclusion: The Legacy of the Indian Constitution

The Constitution of India has demonstrated an enduring legacy over the last 75 years, shaping the nation’s identity and governance. It has inspired leaders to act responsibly and has empowered citizens to seek accountability. As India looks forward to the next 25 years and the goal of a developed nation by 2047, reiterating the principles of justice, equality, and democracy will be crucial. The Constitution stands not just as a legal document but as a living embodiment of the hopes, aspirations, and collective will of the Indian people—paving the way for a brighter, more inclusive future.

This Constitution Day, let us understand, embrace and celebrate our Indian Constitution! 

 

 in the next post we will share few interesting facts of our great constitution!