26 Nov Constitutions day
SYLLABUS MAPPING:
GS-2- Indian Polity– Features of Indian Constitutions
FOR PRELIMS:
What is Constitutions Day, and when it started? What is the background of constitution-making?
FOR MAINS:
Constitution as a living document, roller costing Indian constitution since 1950
Why in the news?
The Prime Minister, Shri Narendra Modi, today greeted the nation on the occasion of Constitution Day and the 75th anniversary of the Constitution.
Background of Constitutions:
1. Formation of the Constituent Assembly (1946)
Cabinet Mission Plan (1946): Proposed the formation of a Constituent Assembly to draft the Indian Constitution.
Elections (July 1946): Members were elected indirectly by provincial legislatures.
Composition: Initially, 389 members, later reduced to 299 after the partition of India in 1947.
2. First Meeting of the Constituent Assembly
December 9, 1946: First session held under the temporary chairmanship of Dr. Sachchidananda Sinha.
December 11, 1946: Dr. Rajendra Prasad was elected as the permanent Chairman.
December 13, 1946: Pandit Jawaharlal Nehru moved the Objectives Resolution, outlining the guiding principles for the Constitution.
3. Partition and Reorganization (1947)
June 3, 1947: The Mountbatten Plan proposed the partition of India.
August 15, 1947: India gained independence; the Constituent Assembly became the sovereign legislative body for India.
4. Drafting Process
August 29, 1947: Drafting Committee was formed, chaired by Dr. B.R. Ambedkar.
November 4, 1947: The first draft of the Constitution was presented to the Assembly.
Debates: Extensive discussions held over 2 years, 11 months, and 18 days across 11 sessions.
5. Adoption of the Constitution (1949)
November 26, 1949: Constitution was adopted, marking this day as Constitution Day.
Significance: Declared India as a sovereign, socialist, secular, and democratic republic.
6. Commencement of the Constitution (1950)
January 26, 1950: The Constitution came into effect, chosen to honour the 1930 Purna Swaraj Declaration.
Key Outcomes: India became a Republic with Dr Rajendra Prasad as its first President.
When Constitution Day was started:
The Government of India has announced the start of a year-long celebration to mark the 75th anniversary of the adoption of the Constitution of India. This milestone honours the remarkable journey of India’s democracy and the lasting impact of its founding principles and constitutional values. The celebrations will begin on Constitution Day (Samvidhan Diwas) under the campaign tagline “Hamara Samvidhan, Hamara Swabhimaan.” The initiative aims to pay tribute to the contributions of the Constitution’s framers while reinforcing the core values enshrined in it. On November 26, 1949, the Constituent Assembly of India adopted the Constitution, which came into effect on January 26, 1950, ushering in a new era in Indian history. This day is significant as it marks the adoption of the world’s longest-written Constitution, which has been the foundation of India’s democratic system. Over the past 75 years, the Constitution has continued to guide the nation’s progress. Constitution Day, officially declared in 2015, marks the adoption of the Indian Constitution on November 26, 1949.
Constitution as a living document:
1. Preamble: It outlines India’s commitment to justice, liberty, equality, and fraternity. While not legally enforceable, the judiciary interprets the Preamble to reflect the evolving aspirations of society.
2. Fundamental Rights: These rights, though protected, are not absolute. The judiciary has expanded them over time to address modern concerns, such as the right to privacy in the digital age.
3. Parliamentary System: The system allows flexibility in governance, with reforms like the anti-defection law enhancing representation and the electoral process.
4. State Executive: The division of powers between the centre and states allows for flexibility in governance, with Governors exercising discretionary powers in consultation with state governments. In the Maharashtra Legislative Assembly Election, the State Executive, in coordination with the Election Commission, ensured the smooth conduct of the election.
5. Directive Principles of State Policy (DPSP): These non-enforceable guidelines promote social justice, economic equality, and welfare, influencing laws on education, healthcare, and labour rights.
6. Basic Structure Doctrine: Established in the Kesavananda Bharati case (1973), this doctrine ensures that the Constitution’s fundamental values, such as democracy and the rule of law, remain unchanged despite amendments, ensuring stability.
Roller coasting of the Indian Constitution:
1. Champakam Dorairajan Case (1951): The Supreme Court struck down a law on reservations, prompting the 1st Amendment to allow for reservations, balancing Fundamental Rights and Directive Principles of State Policy (DPSP).
2. Schedule 9: Added by the 1st Amendment, it protects certain laws from judicial review, reflecting the tension between Fundamental Rights and DPSP, especially in land reforms.
3. DPSP vs. Fundamental Rights: The conflict between non-enforceable DPSPs and enforceable Fundamental Rights led to landmark cases like Golaknath (1967) and Kesavananda Bharati (1973), establishing limits on amendments to Fundamental Rights.
4. Right to Property: Initially a Fundamental Right, it was diluted by the 44th Amendment (1978), making it a legal right under Article 300A, balancing individual rights with social reforms.
5. Mini Constitutions vs. Amendments: The 42nd Amendment (1976) was so comprehensive it was called a “mini-constitution”. The Kesavananda Bharati case (1973) later upheld the Basic Structure Doctrine, limiting amendments to fundamental features.
7. Due Process vs. Procedure Established by Law: Initially, Article 21 only required procedures to be legal. However, in Maneka Gandhi (1978), the Supreme Court expanded it to include due process, ensuring fairness in laws affecting fundamental rights.
8. 99th Constitutional Amendment (CAA): The 99th Amendment (2014) sought to establish the National Judicial Appointments Commission (NJAC) for judicial appointments, but the Supreme Court struck it down, reaffirming the collegium system it uphold the constitutional principle.
Upholding constitutional values:
1. Separation of Powers: The Constitution ensures a clear division of authority among the Executive, Legislature, and Judiciary to prevent any branch from exceeding its power.
2. Dignity and Article 21: Article 21 protects the right to life and personal liberty, ensuring individuals can live with dignity, with the judiciary expanding this right to include privacy and a clean environment.
3. Procedure and DPSP: The procedure established by law ensures fair treatment, while the Directive Principles of State Policy (DPSP) guide the state in fostering social justice, though non-justiciable.
4. Constitutional Morality: This principle emphasizes acting in accordance with the Constitution’s values of justice, equality, and freedom beyond temporary political interests.
5. Citizens’ Role Against Tyranny: Citizens uphold constitutional values by holding the government accountable through voting, protests, and legal challenges.
6. Judiciary as Guardian: The judiciary protects the Constitution by ensuring that laws and government actions adhere to constitutional principles, safeguarding rights and justice.
Conclusion:
The Indian Constitution, celebrated on Constitution Day (November 26), is a living framework that evolves with the nation, balancing justice, liberty, equality, and fraternity. Over 75 years, it has navigated complex legal and political challenges, adapting through landmark cases like Kesavananda Bharati and debates on DPSP vs. Fundamental Rights. Citizens, the judiciary, and the state executive play crucial roles in upholding constitutional values, ensuring democracy, and protecting individual rights. As we mark 75 years, we honour the framers’ foresight and reaffirm our commitment to a democratic, just, and inclusive India.
Download Plutus IAS Current Affairs ENG MED 26th Nov 2024 pdf
Prelims Question:
Q. Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution? (2012)
1. To preserve the rich heritage of our composite culture
2. To protect the weaker sections from social injustice
3. To develop the scientific temper and spirit of inquiry
4. To strive towards excellence in all spheres of individual and collective activity
Select the correct answer using the codes given below :
A. 1 and 2 only
B. 2 only
C. 1, 3 and 4 only
D. 1, 2, 3 and 4
Answer: C
Mains Question:
Q. Constitutional morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.
(250 words, 15 marks)
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