THE EVOLUTION And IMPORTANCE Of INDIAN CONSTITUTION
Author- Aanya Shukla, B.A.LLB(Hons), C.M.P. Degree College, University of Allahabad, Prayagraj
Abstract
The
Constitution of India, is the highest law of Indian, it was adopted on 26th
November, 1949 and came into effect on 26th January,1950. It serves as the
supreme law, rules and regulation, guiding the state's function, guaranteeing
citizens rights and liabilities.
This great
document was prepared by the Constituent Assembly, a group of leaders , freedom fighters and
legal experts , under the leadership of Dr. B.R Ambedkar Who is also known as
father of Indian Constitution. It took 2 years 11 months and 18 days to
complete.
This
Constitution declare Indian as is -
(1)Sovereign
(Independent of nation)
(2)Socialist
(fair and equal to all)
(3)Secular
( No official religion)
(4)Democratic
(no official religion)
(5)Republic
(head of state is elected).
Introduction
The Indian
Constitution is the rulebook of India. It tells how the country should be run
and how the government should work. It is the foundation of a country's
Political and legal system.
In India
the Constitution is written and one of the lengthiest and detailed in the
world. A Constitution is a set of laws and guidelines that tell how a country
is to be governed . It describes -
(1)The
Structure of the government
(2)The
power and duties of government officials
(3)The
system of law and Order
(4)The
rights of the citizens .
It tells how the country should be run, what the duties and power of the government are and what rights the people have. It is like a rulebook or guidebook for the nation. It helps the country function in an organised fair and democratic way.
Historical Background
The Indian
Constitution did not come into existence , it has a long historical journey.
Many events, laws and movements helped shape the idea of having a proper Constitution in India.
British Rule in India
India was
ruled by the British for nearly 200 years. During this time the British made
many laws and acts to control India.These laws were made mostly for the benefit
of the British, not for the Indian People.
As time
passed , Indians started demanding more
rights, freedom and self rule. This pressure forced the British to make some
changes to their system, which led to the passing of important cases.
Evolution
of Indian Constitution
In ancient
times, India was ruled by kings like
Ashoka and Chandra Gupta Maurya , who had their own system of justice . These
systems were based on Dharma(duty) traditions and religions. There was no
written Constitution , but there were some rules followed by the people and
rulers.
The Regulating Act (1773)
This was
the first step to control the company's affairs and established a centralized
administration in India by making the governor of Bombay and Madras subordinate
to the governor general of Bengal.
The
Pitt's India Act (1784)
It
introduced the system of double government.
Board of
Control - it could inspect , supervise and issues order related to -
(1)Indian Governance
(2) Military matters
(3) Diplomacy and administration
Court of
Director - Represented the East Indian Company.
These acts
gave the British Government more power in India Administration.
Create
better structure and control over Indian affairs.
Charter
Act of (1793)
The act
strengthened central control from the British Government. Confirmed dual system
- East India Company managed trade, but political issues Controlled by British
Government.
Charter
Act of (1853)
A separate
Indian (Central) legislative council was constituted which included 6 members
as legislative councilors .
Government
of Indian Act (1858)
Its
objective was to keep the Indian Government in check. However, no substantial
changes were brought in the system of Governance which prevailed in India.
Indian
Council Act (1861)
it aimed
to include Indians in the legislative process (to some extent) and improve
administration.
First step
to Include Indians in law making.
Allowed
British Indian Provinces to make their own laws.
Indian
Council Act (1892)
it
initiated the principles of representation. It was a step towards Indian
Participation in governance. It slightly increased the power and size of the
Legislative Council in British India.
Indian
Council Act (1909)
The Indian
Council Act 1909 allowed only a small number of educated and property -owning
Indians to stand for elections.
Goverment
of Indian Act (1919)
The
Government of India Act of1919 also known as the Council Act, aimed to increase
Indian participation in government and established a Dual System of Government,
dividing responsibilities between two types of governance.
Indian
Independence Act (1947)
The act
was based on the Mountbatten Plan, created by Louis Mountbatten, India's last
Governor General to transform power from British to the Indian people.
For
Example :-
●
First Amendment Act (1951)
Added
Special Protection for backward classes.
●
42nd Amendment Act (1976)
The word
Socialist, Secular and integrity were added. The amendment said that courts can
not check some laws made by the parliament , especially about the constitution.
●
44th Amendment Act (1978)
Restored
some freedoms that were taken during the emergency.
Constituent
Assembly
The Indian Constitution is founded on the principles of creating a fair and equal society that respect individual freedom.
Dr. B.R. Ambedkar presented a motion on November 26, 1949, marking the significance day when the Indian people, through the constituent Assembly , adopted, enacted and bestowed upon themselves the Constitution of India.
Critics has several concern about the Constitution Assembly highlights the following issues :-
(1) Lack of Representatives
The members of the Constituent Assembly were not directly elected through universal adult franchise.
(2) Lack of Sovereignty
The assembly was formed based on British Government proposals and conducted its sessions with their permissions undermining its independence and sovereignty.
(3) Influence Lawyers and
Politicians
The dominance of lawyers and politician's in the Constituent Assembly resulted in the lengthy and technical Constitution, potentially making it less accessible to the public.
The Indian Constitution Assembly drafted the Constitution for independent India, creating a legal framework and Indian specific systems that granted dignity to millions of people.
Important
Members of the Constituent Assembly :-
●
Dr. Rajendra Prasad - President of the
Constituent Assembly and later bacame the first
President of India.
●
Dr. B.R Ambedkar - Known as the Father of Indian Constitution.
●
Jawaharlal Nehru - Moved the Objectives
Resolution (later became preamble)
●
Sardar Vallabhbhai Patel - Member of many
committees.
●
Maulana Abdul Kalam Azad - He was an active member of the Constituent Assembly
formed in 1946. He supported the making of a Constitution that gave equal
rights to all Indians , regardless of religion, caste or language.
●
Sarojini Naidu - A famous women leader and
poet. Spoke for women's rights and Social Justice.
Features
Of Indian Constitution
Written
And Comprehensive
The Indian Constitution is a very lengthy and detailed document in the country.It covers every aspect of governance: centres, states, rights, duties and law.
Flexible And Rigidity
A rigid Constitution is not easy to change. It needs a Special , longer process. sometimes approval from both state and central governments.
Example -: The US Constitution is considered right.
A flexible Constitution can be changed or amended easily , just like making a new law. The process is simple and quick.
Example -:
The British
Constitution is flexible and based on customs and laws.
Fundamental
Rights
Fundamental Rights are the basic Rights. It ensures equality, liberty and fraternity. These rights help people to live with freedom , equality , respect and safety in society.
They are given in Part lll of the Constitution from Articles 12 to 35.
The six
Fundamental Rights In India -
Right to Equality (Articles 14 - 18)
Right to Freedom (Article 19-22)
Right against Exploitation (Articles 23-24)
Right to Freedom of Religion (Articles 25 - 28)
Cultural and Educational Rights (Article 29-30)
Right to Constitutional Remedies (Article -32)
The Fundamental Rights are meant for protecting the freedom of people, ensuring equality, giving justice and helping people grow.
Directive
Principles of State Policy
They guide the government to make laws that help the poor, women workers and children. It promotes Social and Economic Justice.
They can be classified into three broad
categories, Socialist, Gandhian and Liberal intellectuaI.
Important
of Indian Constitution
There is a constitution in every country to guide the government and to govern the people. The constitution contains provisions relating to the powers and duties of government, the relationship between government and people and the rights and duties of people.
According to Aristotle “ The Constitution is the way of life the state has chosen for itself.”
The constitution is not a book of laws, it is the foundation of our Country. It plays a very crucial role in keeping our country strong , united and fair for everyone. It maintains integrity and unity in the country. The Constitution says that India belongs to its people , and the people have the power to choose their leaders through elections . It makes India a democracy , where the government is of the people, by the people and for the people.
The
Constitution holds highest place of Importance because -
● it reflects the sovereign will of the people.
● It Controls the Power of Government.
● It provides Independent Judiciary a which means that Judges can make decisions freely without pressure from the government, Politician's , or powerful people and also ensures rule of law which means that Everyone is equal before the law whether rich, poor , powerful and common person. No-one is above the law - not even the Prime Minister and President . The government also has follow the law.
● It must provide for Fundamental Rights and Freedom of the people.
● It must provide for a clear Structure of government and it should mention what responsibilities every citizen must follow.
(1) Rule of Law
(2) De- centralization of powes
(3) Independent and powerful judiciary
(4) The language of the constitution should be simple, clear and unambiguous
(5) A system of Local self governance
The constitution must empower the judiciary with the power to interpret, protect and defeat the Constitution and the
Fundamental Rights and freedom of the people
against the possible legislative and executive excesse.
Conclusion
The Indian Constitution is the most important
part of our country. It protects our rights, gives us freedom and shows us how
to live together in peace. It tells the government how to work properly and
treats every citizen equally. It gives
us the freedom to speak,live and grow
with dignity. It also shows us the path toward development like better
education, health and job Etc.
The Constitution begins with a Preamble which declares India to be a Sovereign, Socialist, Secular and Democratic Republic. It aims to give Justice, freedom , equality and brotherhood to all the citizens.
In Short, the indian Constitution along with its preamble , is a powerful guide that helps our country stay united, fair and free. It is our duty to respect and follow and protect responsible citizens of India.
BIBLIOGRAPHY
Constitution of india (Government of Indian resources)
Indian Polity By M. Laxmikanth
http://legalvidhi.com
- Indian Constitution
- Evolution of Indian Constitution
- Importance of Indian Constitution
- Features of Indian Constitution
- History of Indian Constitution
Secondary Keywords:
- Fundamental Rights in India
- Directive Principles of State Policy
- Constituent Assembly of India
- Dr. B.R. Ambedkar Constitution
- Indian Constitution 1950
- British Acts before Indian Constitution
- Written Constitution of India
- Making of Indian Constitution
- Constitutional Amendments in India
- Constitution Day India
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