Constitution of India Ambekar
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country in the world, with 395 articles and 12 schedules. The constitution was adopted on 26 November 1949 by the Constituent Assembly of India. In this blog post, we will explore the history behind the Constitution of India and its impact on modern society.
The Preamble to the Constitution of India
The Preamble to the Constitution of India is a statement of the principles which guide the people of India in their governance. It was drafted by the Constituent Assembly, which was elected by the people of India to create a constitution for the independent nation. The Preamble was adopted on 26 November 1949, and came into force on 26 January 1950.
The Preamble states that India is a sovereign, socialist, secular, democratic republic. It lays out the fundamental goals of the Indian state: to secure justice, liberty, and equality for all its citizens; to promote fraternity among them; and to ensure the dignity of every individual.
The Fundamental Rights
The Fundamental Rights are a set of guarantees against arbitrary state action. They represent the basic values cherished by the people of India. These rights are enshrined in Part III of the Constitution.
The Fundamental Rights are not absolute. They are subject to reasonable restrictions imposed by law in the interests of public order, morality and health. The State can also impose reasonable restrictions on the exercise of these rights in the interests of national security, Friendly relations with foreign states, etc.
There are six Fundamental Rights guaranteed by the Constitution:
1) Right to Equality – This right ensures that all citizens are treated equally without any discrimination on grounds of religion, race, caste, gender or place of birth. It also provides for equality of opportunity in matters of public employment and abolition of untouchability and titles.
2) Right to Freedom – This right includes freedom of speech and expression, assembly, association or union or cooperative society, movement within the territory of India, residence and profession. It also protects individuals from arbitrary arrest and detention.
3) Right against Exploitation – This right prohibits all forms of forced labour, child labour and traffic in human beings. It also protects individuals from exploitation by others through bonded labour or similar systems.
4) Right to Freedom of Religion – This right allows individuals to profess and practice their own religion freely. It also provides for equality between different religions in matters of public life such as access to shops, restaurants, places of public entertainment
The Directive Principles of State Policy
The Directive Principles of State Policy are a set of guidelines for the Indian government to follow in order to ensure a just and equitable society. They are based on the principles of social justice, liberty, and equality.
The Directive Principles of State Policy include:
1. Promoting the economic welfare of the people: The state shall strive to promote the economic welfare of the people by providing for public goods and services, and by taking steps to reduce inequality and poverty.
2. Protecting the rights of workers: The state shall protect the rights of workers, including their right to form unions and bargain collectively.
3. ensuring social justice: The state shall strive to ensure social justice by protecting the vulnerable and marginalized groups in society, and by promoting their access to education, health care, and other basic services.
4. Promoting harmony between different groups: The state shall promote harmony between different groups in society by ensuring that all individuals have equal opportunity to participate in the political, economic, and cultural life of the nation.
The Fundamental Duties
The Fundamental Duties of the citizens of India are mentioned in Part IVA of the Constitution of India. They were added by the 42nd Amendment in 1976. The amendment was a response to the perceived absence of a moral and patriotic basis of Indian society. The preamble to the Constitution states that the people of India have solemnly resolved to constitute India into a sovereign, socialist, secular, democratic republic. The fundamental duties require every citizen to uphold and protect the sovereignty, unity and integrity of India.
It is the duty of every citizen to abide by the Constitution and respect its ideals and institutions, flag and national anthem. They must also cherish and follow the noble traditions and values which make up our composite culture. It is incumbent on every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. Further, it is the duty of every citizen to develop scientific temper, humanism and spirit of inquiry and reform. They must also safeguard public property and abjure violence. Lastly, it is each one’s responsibility to promote harmony between different sections of society.
The Constitutional Amendment Process
The Constitution of India can be amended in two ways- through the parliamentary process and through a Constituent Assembly. TheConstitutional Amendment Process is as follows-
1) A bill to amend the Constitution must be introduced in either the Lok Sabha or the Rajya Sabha.
2) The bill must then be passed by a majority of the total membership of each House and by a majority of two-thirds of the members present and voting.
3) There is no provision for joint sitting of the two Houses for the passage of a Constitutional Amendment Bill.
4) The bill, after it has been passed by both the Houses, must be presented to the President for his assent.
5) The President has no power to veto a Constitutional Amendment Bill. He can withhold his assent to the bill only if it is not in conformity with Article 368(2).
6) If the President gives his assent to the bill, it becomes an Act fromthe date on which it receives his assent.
