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(GIST OF YOJANA) 75 Years of The Indian Constitution: A Journey Towards Absolute Glory

(GIST OF YOJANA) 75 Years of The Indian Constitution: A Journey Towards Absolute GlorySUCCESS

(NOVEMBER-2024)

75 Years of The Indian Constitution: A Journey Towards Absolute Glory

Introduction:

The Indian Constitution, recognized as the longest written constitution in the world, was enacted on January 26, 1950, against a backdrop of intricate socio-political circumstances. In spite of various obstacles, it has stood as the bedrock of the nation, championing justice, freedom, and equality for all inhabitants. Over the years, the Constitution has adapted to align with evolving societal demands, inspired by the principles of India’s independence movement and the foresight of its architects. Each amendment and judicial interpretation has played a crucial role in updating the Constitution to address contemporary challenges, ensuring its continued relevance and strength.

Foundational Principles and Vision

Adoption and Core Values

Date of Adoption: November 26, 1949 (observed as Constitution Day); officially put into effect on January 26, 1950 (Republic Day).
Democratic Ethos: The Constitution embodies justice, liberty, equality, and fraternity, laying down a governance structure that honors individual rights and values diversity.
Born from Conflict: It arose from the trials of colonial domination and the quest for freedom, serving as a commitment to democratic governance and safeguarding individual liberties.

Role of Civil Society

Custodians of Constitutional Ideals: Civil society organizations have played a crucial role in advocating for human rights, environmental sustainability, and social equity.
Amplifying Marginalized Voices: They are essential in voicing the concerns of those often overlooked, nurturing a dynamic democratic ethos and ensuring united action to fulfill constitutional commitments.

Key Milestones in Constitutional Development

Government of India Act, 1935: Established the federal framework that shaped future constitutional debates.
Cabinet Mission Plan, 1946: Paved the way for the Constituent Assembly, incorporating representatives from diverse regions and backgrounds.
Objective Resolution (December 13, 1946): Established the guiding tenets of justice, liberty, equality, and fraternity, forming the underpinning for the constitutional draft.
Drafting Committee (1947): Led by Dr. B. R. Ambedkar, this committee carefully formulated the Constitution, reconciling the aspirations of a varied populace with the necessity to rectify the historical wrongs of colonialism.
Constitution’s Adoption (November 26, 1949): Signified a pivotal event in India’s narrative, commemorated each year as Constitution Day.
Enactment on Republic Day (January 26, 1950): Marked India's shift to self-rule; the Constitution emerged as a symbol of sovereignty, representing a nation founded on democratic principles.

Core Features:

Fundamental Rights: Granted individual liberties and safeguards against social discrimination.
Directive Principles of State Policy: Set forth social and economic objectives for governance, emphasizing not only political democracy but also social justice.

Evolution of Constitutional Values and Amendments

Need for Constitutional Adaptability

In the view of legal scholar Harvey Walker, a constitution must develop from the hopes of its populace to stay pertinent. The Indian Constitution illustrates this ability to adapt, balancing core values with shifting societal expectations.
Discussions in the Constituent Assembly frequently referenced A. V. Dicey, who contended that rigidity could incite violent turmoil.

Amendments as Reflection of Changing Needs

High Amendment Frequency: The Indian Constitution, amended over a hundred times, exemplifies its capability for change, especially when contrasted with the less frequently altered American and Australian constitutions.
Basic Structure Doctrine (Kesavananda Bharati Case, 1973): The Kesavananda Bharati . State of Kerala verdict established that while Parliament could modify the Constitution, it could not alter its essential structure. Core aspects like democracy, federalism, and separation of powers were recognized as fundamental to this structure.
Minerva Mills Case (1980): Reinforced the equilibrium between fundamental rights and directive principles, ruling that amendments disrupting this balance were unconstitutional and highlighting the significance of judicial review.

Landmark Cases Enhancing Fundamental Rights

Maneka Gandhi v. Union of India (1978): Expanded the interpretation of Article 21, encompassing dignity within the right to life and personal liberty, thereby broadening protections, including privacy rights, fair trials, legal assistance, and environmental protections.
Golden Triangle (Articles 14, 19, and 21): Frequently cited by the judiciary to uphold fundamental rights and ensure that justice prevails across various social spheres.

Landmark Judicial Rulings in the Constitutional Journey

Visakha v. State of Rajasthan (1997): Established protocols to prevent workplace sexual harassment, reinforcing women’s fundamental rights under Articles 14, 19, and 21.
Shaira Bano v. Union of India (2017): Declared instant triple talaq unconstitutional, advocating for gender justice for Muslim women.
Navtej Singh Johar v. Union of India (2018): Decriminalized consensual homosexuality, ensuring equality and dignity for the LGBTQ+ community under Article 14.
Joseph Shine v. Union of India (2018): Invalidated the adultery statute as unconstitutional, promoting gender equality by affirming women's right to dignity.
Justice K.S. Puttaswamy v. Union of India (2017): Affirmed the right to privacy as a fundamental right under Article 21, with far-reaching consequences for data protection and individual liberty in the digital context.
Abrogation of Article 370 (2019): Revoked the special status of Jammu and Kashmir, representing a significant transformation by fully integrating it into the Union of India. The Supreme Court determined that Article 370 was a temporary provision and did not confer sovereignty.

Judiciary’s Role in Expanding Constitutional Protections

The judiciary has held a crucial position in elucidating and expanding the Constitution's scope, particularly regarding gender equality, environmental conservation, and the rights of marginalized groups.
An Adaptive Framework: Through vibrant interpretation, the Constitution has transformed to cater to present-day necessities, reaffirming its fundamental principles while tackling modern challenges.

Conclusion

The Indian Constitution, 75 years on, remains a source of inspiration and guidance for the nation, embodying the essence of democracy and resilience. This landmark occasion acts as a reminder of the ongoing efforts required to tackle inequities and promote constitutional rights for every citizen. Cultivating knowledge and awareness about constitutional rights is vital for empowering individuals and nurturing a society that honors justice, equality, and freedom.