The Constitution of India is a profound vision statement that embodies the aspirations of an egalitarian society. Adopted on November 26, 1949, this monumental document not only serves as the foundation of India’s democracy but also reflects the collective dreams of its framers. Every year, November 26 is celebrated as Constitution Day to honor the visionaries who crafted this guiding document.
As India marks the 75th Constitution Day, it is an opportune moment to reflect on the Constitution’s enduring legacy, its transformative nature, and its role in shaping modern India.
A Federal Vision: Balancing Unity with Diversity
One of the most remarkable aspects of the Indian Constitution is its federal structure, which harmonizes the powers of a strong central government with the autonomy of states. This balance ensures that India remains united while respecting its diverse regional identities and needs.
The Constitution enshrines fundamental rights that safeguard individual freedom and dignity, complemented by fundamental duties that remind citizens of their responsibilities. Together, these provisions encapsulate the values of liberty, equality, and fraternity, which are at the heart of India’s democratic ethos.
Directive Principles: A Moral Compass for Governance
The Directive Principles of State Policy serve as a guiding framework for the state to achieve social and economic justice. Although non-justiciable, these principles ensure that governance remains committed to creating a just and equitable society. They provide a moral direction for policies aimed at improving the welfare of citizens, particularly the marginalized and vulnerable.
Adapting to Change: Key Amendments and Jurisprudence
The Constitution’s strength lies in its adaptability, as evidenced by various amendments introduced to address India’s evolving socio-political landscape.
Major Amendments Reflecting Socio-Political Needs
- The First Amendment Act (1951): This amendment restricted free speech under Article 19(2) and introduced the Ninth Schedule to limit judicial review. However, the Supreme Court clarified in IR Coelho v. State of Tamil Nadu (2007) that laws violating the Constitution’s Basic Structure would still be deemed unconstitutional.
- The Forty-fourth Amendment Act (1978): This amendment transformed the right to property from a fundamental right to a constitutional right, significantly altering its enforcement. The recent Property Owners Association vs. State of Maharashtra (2024) case highlights the ongoing debate about restoring the right to property as originally envisioned.
Basic Structure Doctrine: A Pillar of Stability
The Basic Structure Doctrine, established in Kesavananda Bharati vs. State of Kerala (1973), has been pivotal in maintaining the Constitution’s core values. While applauded for preserving constitutional integrity, it has also sparked debates about limiting parliamentary powers, raising questions about the balance between the judiciary and the legislature.
A Living Document: Guiding India’s Progress
The Indian Constitution is more than a legal framework; it is a living document that evolves with the nation. Its ability to adapt to changing circumstances while upholding core democratic principles underscores its enduring relevance.
Celebrating the Spirit of the Constitution
In celebration of this milestone, the School of Law at Bennett University is hosting Constitution Week 3.0 from November 22-26, 2024. The event features an international conference on “Discourse in Comparative Constitutional Law: Contemporary Trends and Challenges,” alongside various competitions and activities. Justice Rajesh Bindal, a Supreme Court judge, will deliver the keynote address.
The program will bring together eminent legal luminaries to reflect on the Constitution’s impact and celebrate its spirit.
Conclusion
As we commemorate 75 years of the Indian Constitution, it is vital to honor its framers’ vision and recognize its transformative role in shaping India. The Constitution stands as a beacon of democracy, safeguarding rights, promoting responsibilities, and guiding the nation toward progress.
This Constitution Day, let us reaffirm our commitment to its values and work collectively to uphold its principles for a brighter, more inclusive future.
to read Indian constitution digital copy : https://legislative.gov.in/constitution-of-india/
