UNIT - 4
The Indian Constitution
Though the Indian society is pluralistic but it's united at the time of any foreign threat. In India the person from any religion can become Prime Minister and President. At the time of any natural calamity the people of India help one another. The people enjoys their right freely. These are merely possible thanks to our great Constitution. Otherwise in our neighboring countries we see that Prime-Ministers, Presidents are imprisoned, governments are overthrown by militaries and political powers are captured by anti- social elements. In India, thanks to Constitution we as Indians remain united, follow patriotism and maintain national unity and integration Hence, Indian constitution as a Unifying think about Indian Society must be studied properly.
We have the history available about the Constitutional developments in India, e.g. Morley Minto Reforms, 1909, Montegue Chelmsford reforms 1919 Indian independence Act, 1935, etc. In 1946, there came the cabinet Mission Plan which provided for the formation of Constituent Assembly to organize a Constitution for India. The members for the Constituent Assembly were elected from the Provincial Legislative Assemblies. These members were selected from three groups i.e. i) General ii) Muslims and iii) Sikhs. They were selected by the proportionate representation. There was also the representation given to the Minority and Depressed Classes communities like SCs (Scheduled Castes), Parsees, Indian Christians, Anglo-Indians tribal and even women too. The members were the persons with talent and skill. The Congress (Indian National Congress) won 208 seats, Muslim league 73 and remaining from other categories. The Constituent Assembly consisted of 389 members out of which 296 were from British India and 93 from Princely States. Muslim League refused to hitch the Constituent Assembly.
The first session of the Constituent Assembly was persisted 9th December 1946 under the provisional Chairmanship of Sachidanand Sinha. There have been 207 members present at the session. On 11th December 1946 Dr. Rajendra Prasad was elected as the permanent President of Constitutional Committee or Constitutional Assembly.
Constituent Assembly passed certain rules about the formation of the Drafting of the Constitution. Therefore, to create the draft Constitution 'Drafting Committee' was formulated and on August 29, 1947 Dr. B. R. Abmedkar, a legal luminary and a constitutional expert was appointed as its Chairman. Dr. B.R.Ambedkar put all his energy and efforts to make the constitution.
The draft was completed on 26th January 1949. This draft was kept for discussion and suggestions for eight months (from 21st Feb 1948) before the general public and therefore the Constituent Assembly. It took 2 years, 11 months and 18 days (including 9th.December and up to 26th November 1946) to finish the Constitution. From 26th January 1950 the Constitution came into force.
The Objective Resolution:
The Preamble of Indian Constitution is the most vital part which includes together the fundamental Rights and Directive Principles also because the aims and ideals of the constitution. The philosophy of the constitution is nothing but the values, ideals, aims, objectives etc. as the foundation on which it stands up. The first Session of the Constituent Assembly was held in New Delhi on 9th December 1946 under the provisional chairmanship of Dr. Sachindanand Sinha. On 11th December 1946 Dr. Rajendra Prasad was unanimously elected as the President of Constituent Assembly. On 9th December 1946, Pt. Jawaharlal Nehru moved the “Objective Resolution” which was unanimously acclaimed and adopted on 22nd January 1947 by the Constituent Assembly. The objective Resolution reflected high ideals and philosophy which inspired the shaping of the constitution of India through all its subsequent stages. These ideals and philosophy embodied within the Objective Resolution are truly reflected within the Preamble to the constitution of India. This objective Resolution was focused on the concept of an India emerging as a sovereign Republic with its power and authority derived from the people wherein social, economic and political justice was to be guaranteed and secured to each individual as also equality of status and opportunity to everyone. It had been a firm resolve and a pledge to create a sovereign Democratic Republic in India.
The Preamble means Preface, Preliminary statement or an introduction to any literary composition or scholarly work. It’s the beginning remark which takes the readers and therefore the executors of the instructions towards guidance to performance. The Preamble to the Indian Constitution reveals the minds of the Indian Society though a divergent in nature. It reflects the sustaining goals of the Indian polity and therefore the ideals are sought to be achieved through the medium of the Constitution.
The Preamble begins as follows:
“WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens
JUSTICE: Social, Economic and Political;
LIBERTY: of thought, expression, belief, faith and worship;
EQUALITY: of status and of opportunity; and to promote among them all
FRATERNITY: assuring the dignity of the Individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th of November, 1949, do HEREBY ADOPT, ENACT and give TO OURSELVES THIS CONSTITUTION”. Added by 42nd Constitutional Amendment Act, 1976 now we've to elaborate the Preamble word to word as per its concealed values, ideals, objectives and philosophy
WE THE PEOPLE OF INDIA means it's the people of this country adopt and enact the constitution, a legal body for themselves. On behalf of the people, the founding fathers and chief architect of the Constitution Dr.B.R.Ambedkar prepared this document of Constitution. They’re not themselves adopting and enacting but the people are the main body to make the constitution. They’re the representatives of the people and its people that are resolving to constitute India.
The people of India constitute India into sovereign nation. The term ‘SOVEREIGN’ means free from any internal or outside control it suggests that the constitution isn't the gift of British Parliament and therefore the people of India are capable of framing the legal body of their own for them. For this purpose they have sent their representatives to the parliament i.e the Constituent Assembly. There’s no any limit or any restrictions on the people of India to border the constitution for them.
The term ‘SOCIALIST’ wasn't the part of the Preamble in1950 but was inserted in it by 42nd Constitutional Amendment Act, 1976. Socialist means the Indian masses aim to create an egalitarian society in India, prevent concentration of wealth bring about social control over means of production and ensure equitable and fair distribution of necessities in life. This term is said to the Socialism of Marx but in partial ways. Every citizen will have the proper to earn his livelihood and also improve his standard of living.
The term ‘SECULAR’ also wasn't the part of the Preamble in 1950. By the 42nd Constitutional Amendment Act, 1976 it had been inserted in the preamble. The term secular emphasizes the fact that the Indian State doesn't have any State religion and grants complete freedom of worship and faith to all its citizens. It doesn't encourage or discourage or discriminate against any particular religion. It indicates the very fact that the state is neutral altogether religions matters and therefore the right of citizens are independent of the faith they profess. The spirit of secularism is fully reflected in Article 25 of the constitution which ensures freedom of conscience and right to freely profess, practice and propagate one’s own religion. As per former President of India R.Venkanta Raman, Secular India means “India isn't pro-religious, non-religious and anti- religious”.
The term 'DEMOCRATIC' in the narrow sense refers to the type of government which is elected by the people on the idea of Universal Adult Franchise. In a broader sense, it refers to how of life of the people and various social organizations. Indian Government relies on a representative parliamentary democracy in which the govt.. Is responsible to the sovereign Legislative Body. There are various sorts of democratic government like Presidential(USA), Kingship(England, Australia, New Zealand) and democracy of which India has adopted parliamentary sort of government.
The term ‘REPUBLIC’ stands for that the head of the Indian State are elected head and not the hereditary ruler by Kingship. It also means the Supreme Powers of the State are vested in people and within the authority of the elected representatives of the people. The term ‘Republic’ also implies that all public offices are receptive all citizen without any discrimination.
Further, the preamble lays emphasis that the Indian citizens should get justice in three forms like Social Justice, Economic Justice and Political Justice. The architects of the Constitution have made this arrangement of justice very intelligently. There can't be economic justice and political justice without social justice. Indian Society composed of castes, class’s religion, and race. There happened the discrimination among Indians themselves on this basis. Therefore, the constitution is sure to cultivate healthy, social attitude among people and the state must be state accordingly. The social justice are often realized only ‘equals to be treated equally and unequal’s unequally’ as per Aristotle.
The next step of justice which preamble secure for the Indian people is Economic Justice Every citizen of India has right to measure and earn his livelihood. They need to be made available, employment opportunities taking in sight social justice. The Directive Principles of State Policy make it clear that no discrimination would be made between persons on the idea of their economic status. The state is predicted to enact laws and translate the concept of social and economic justice into reality.
Political Justice is merely possible when there's realization of social and economic justice. Previously in India and lots of countries of the world were giving voting rights to only those that are rich by wealth and therefore the high in social status. But the Indian constitution has conferred on all the Indian adult citizens the Universal Adult Suffrage with none discrimination of caste, race, religion, sex, wealth, status, etc. The Indian citizens have gotten one vote and one vote one value which is extremely significant for political justice.
Thus the concept of social, economic and political justice contained within the preamble aim at furthering the goal of social revolution and attempting to foster this revolution by establishing the conditions necessary for its achievement.
The preamble contains that liberty is secured for the Indians, which is of thought, expression, belief, faith and worship. The constitution of India secures for its citizens the liberty that everybody without any bias will have the right to think and express his own views which cannot harm other’s liberty. They can convert to any religion, can worship any god and goddess or believe in any kind of philosophy they require. That’s how the six sorts of freedoms are provided within the article no 19 of the Constitution.
The preamble makes mention of the equality for all the citizens of India without any type of discrimination. There are two quite equalities like equality of status and equality of opportunity. Every citizen of India would be treated equal before law regardless of his caste, religion, race, sex, language etc. also as he shall get equal opportunity to create his economic progress. It also made clear as per the Article 16-(4) that state shall have right to enact laws and make provision for reservation of jobs or posts in favour of any backward class of citizens. This provision also promotes the explanation for justice by providing protective discrimination to those classes of peoples who have suffered because of historical circumstances of casteism. This is what unequal’s to be treated unequally that's justice.
The preamble also provides that the Constitution is guaranteed to promote among the Indians the fraternity which assures the dignity of the individual and therefore the unity and integrity of the state. In the words of Chief architect of Constitution Dr. B.R.Ambedkar, “Fraternity is a sense of common brotherhood and therefore the principle which provides unity and solidarity to social life. He further says “Without fraternity equality and liberty will be no deeper than coats of paints”. Therefore, one has got to take liberty, equality and fraternity not as separate objectives but as forming ‘a union of trinity’ in the sense that to diverse one from the opposite was to defeat the very purpose of Democracy.
All the above provisions further the people of India to adopt, enact and provide within the Constitution which is approved by Constituent Assembly on 26th November,1949.
The structure of the Constitution is split into the Preamble, the main Body and the Schedules. The main structure of the constitution can't be changed totally as there is provision of Amendment to that. The Indian Constitution contained XXII parts, 395 Articles and 12 Schedules. In this structure the each and every provision has been discussed thoroughly and so got it passed within the Constituent Assembly.
The Preamble:
The preamble is the mirror of the aspirations of the people to themselves which reflects into it. The preamble isn't the part of the Articles but it's the gist of all the provisions elaborated altogether the Articles. It’s the philosophical commitment which might be realized into practice by the govt.. & its state. It’s the sum of the Constitution. We have already got discussed the philosophical component of the preamble.
Main Body of the Constitution:
The main body of the Constitution of India consists of 22parts, 395 articles and 12 schedules and they are elaborated thoroughly in these provisions.
The part I consists of Articles nos.1-4. Article No.2 deals with Name and Territory of the Union and establishment of new states. Article 3 mentions about the provisions of formation of latest states and alteration of areas, boundaries or names of new states. Article 4 provides the amendment of the first and therefore the Fourth schedules and supplemental, incidental and consequential matter concerning Articles nos.1&3.
PART II- CITIZENSHIP:
The part II consists of Article nos. 5 to 11 in reference to citizenship.
Article 5 relate with the citizenship at the commencement of the constitution.
Articles 6-11 provides for rights of citizenship for migrants to and from Pakistan, or outside India and therefore the right of the Parliament to continue and regulate it.
PART III- FUNDAMENTAL RIGHTS:
Part III deals with Fundamental Rights for Indian Citizen elaborated in the Article nos12 to 35.
The fundamental Rights are the right to Equality, Right to Freedom, Right against Exploitation, Right to Religion, Cultural and educational Rights and Right to Constitutional Remedies.
The right to Property was deleted by the 44th Constitutional Amendment Act, 1978.
PART IV- DIRECTIVE PRINCIPLES OF STATE POLICY:
It includes Articles from 36 to 51 wherein the constitution has directed the state to be welfare state and execute the values, principles of equality, liberty, justice, social justice, health, industrialization, education generally and of weaker sections, etc. Thought the govt... Can’t be pulled in the court for the violation of the Directive Principles but it's also taken as an obligation of the govt. On become the welfare state. Because of fear of not getting elected again, the govt. Must do the public works continuously and is elaborated in their part.
PART IV –FUNDAMENTAL DUTIES:
In the 1950’s originally the constitution didn't contain separate Fundamental Duties for the citizens of India because it was natural that everyone respects everybody’s Fundamental Rights. But by the 42nd Constitutional Amendment Act, 1976 it had been separately provided for the 11 fundamental duties for the Indian citizens.
PART V- THE UNION:
The Part V contains 5 chapters associated with individual subject. Chapter I am titled as ‘THE EXECUTIVE’ and contain Articles from 52 to 78.
Articles 52 to 73 deals with the powers and functions of the President and vice president Articles 74 & 75 provides for the formations of Council of Ministers and its functions. Article 76 makes provisions of appointment and powers, functions of Attorney General of India. Articles 77 & 78 pertain to conduct of state Business and functions and duties of Prime Minister.
Chapter II is titled as ‘Parliament’ and contain Articles from 79 to 122.
Articles 79 to 88 deals with formation and constitution of Parliament Articles 89 to 98 provides for the officers of the Parliament. Article 99 to 100 deals with the conduct of Business of the Parliament.
An article 101 to 104 makes mention of disqualification of members and therefore the vacant seats.
Articles 105 and 106 deals with the Powers, Privileges and Immunities of Parliament and its Members
Articles 107 to 111 provide for the Legislative Procedures of the Parliament Articles 112 to 117 are associated with Procedure of Parliament in Financial Matters.
Articles 118 to122 provides for the procedure Generally of the Parliament.
Chapter III is titled as ‘LEGISLATIVE POWERS OF THE PRESIDENT’.
In this chapter Article 123 explains the powers of the President during recess of the Parliament to promulgate ordinances.
Chapter IV is titled as ‘THE UNION JUDICIARY’ and contain Articles 124 to 147. These Articles provide for the composition, powers and jurisdiction of Supreme Court of India. Article 143 mentions the powers of the President to consult Supreme Court.
Chapter V- titled as ‘COMTROLLER AND AUDITOR GENERAL OF INDIA’. This chapter contain Articles 148 to 151 and elaborates the appointment, duties, powers of (CAG) Controller and Auditor General of India.
PART VI THE STATES:
This part contains VI chapters and Articles from 152 to 237 regarding the State Level provisions. Chapter I is concerning General wherein Article 152 defines the State and its limits. Chapter II is titled as ‘THE EXECUTIVE’ and lies in the Articles from 153 to 167. Article nos.153 to 162 elaborates the Governor, its appointment, powers and functions thus far Articles nos.163 and 164 details about Council of Ministers. Article no.165 provides for ‘The Advocate General of State’.
Articles 166 to 167 deals with ‘Conduct of government Business’ in states, duties of Chief Ministers etc
Chapter III is titled as ‘THE STATE LEGISLATURE’ and contain Articles from 168 to 212. Articles 168 to 177 explain generally the constitution of Legislature in States, legislative assembly and legislative council.
Articles 178 to 187 talks of officers of the State Legislature like the Speaker, Deputy Speaker of Assembly, Chairman and Deputy Chairman of Council, Secretariat etc.
Articles 188 to 189 mentions of ‘Conduct of Business of Legislature’
Articles 190 to 193 elaborates the disqualification of members ( MLA’s and MLC’s) because of vacation of seat or the other reason. Articles 194 and 195 provides for the powers, privileges etc. of the houses of Legislatures and their members.
Articles 196 to 201 explain the Legislative Procedure like passing the Bills etc. whereas Articles 202 to 207 provide for the Procedure of Legislature in reference to Financial Matters.
Articles 208 to 212 deals with procedure generally wherein rules are explained
Chapter IV titled as ‘LEGISLATIVE POWERS OF THE GOVERNOR’ which are explained by the Article no.213. E.g. Power of Governor to promulgate Ordinances during recess of Legislature
Chapter V titled as ‘THE HIGH COURTS within the STATES’ contain Articles 214 to 231 which provides for the appointment, powers and jurisdiction of the High Courts within the States.
Chapter VI titled as ‘SUBORDINATE COURTS’ and contain Articles 233 to 237 and detail about the appointment, powers and jurisdiction of district and subordinate judges. Article 232 has been repealed from the constitution.
PART VII even have been repealed as per Article no.238 & seventh Constitutional Amendment Act, 1956
PART VIII- THE UNION TERRITORIES:
This part contains Article 239 to 242 and elaborates the administration of Union Territories, special status to Delhi, the powers and functions of President and therefore the High Court’s etc.
PART IX- THE PANCHAYATS:
This consists of Article 243 and explains the constitution of Panchayat Raj & Local Self Government. It also provides for the constitution of Municipalities its powers and functions. Within the same sub-article there's provision of Finance Commission.
PART X:
This contains Article 244 wherein we discover the provisions of the administration of Scheduled Areas and Tribal Areas like in Assam.
PART XI:
This is titled as ‘Relations between the Union and therefore the States’ and contain two chapters. Chapter I states as ‘Legislative Relations’ and consists of Articles 245 to 255. They provides for the powers of parliament and State Legislature. Chapter II elaborates Administrative Relations between Union Government and the government Between Articles 256 and 263 it's detailed about disputes concerning water and co-ordination between states and the role of the Union.
PART XII- FINANCE, PROPERTY, CONTRACTS AND SUITS:
These parts have four chapters and contain Articles 264 to 300. Chapter I is said to Finance and from Articles 264 to 267 is provides with General like taxes imposed, consolidated funds, contingency fund and public accounts. Articles 268 to 281 makes mention of distribution of Revenues between the Union and therefore the States. Again Article 280 provides for Finance Commission. Articles 282 to 290 are related with miscellaneous financial provisions.
Chapter II titled as ‘Borrowing’ and consists of Articles 292 and 293 and mentions of Borrowing by the govt. of India and therefore the State.
Chapter III titled as ‘Property, Contracts, Rights, Liabilities, Obligations and Suits and contain Articles between 294 and 300. It provides for the succession. A property assets, rights, liabilities and obligations also contracts and suits and proceedings.
Chapter IV is titled as ‘Right to Property’ where Articles no.300 A provides that persons to not be deprived of property save by authority of law.
PART XIII titled as ‘Trade, Commerce and Intercourse within the Territory of India’. This part contains Articles 301 to 307 wherein provisions are made for freedom of trade, commerce, powers of parliament to impose restrictions etc.
PART XIV is titled as ‘Services’ under the Union and therefore the States’ and is split into two chapters. It consists of Articles 308 to 323. Chapters I within the Articles 308 to 314 provides for the Recruitment and Conditions of Services of persons serving the Union or a State.
Chapter II is titled as ‘Public Service Commission’ where between the Articles 315 to 323 it makes provision for the UPSC and State Public Service Commission, its functions etc.
PART XIV A and its articles 323A & 323B are provisions of Administrative and other Tribunals.
PART XV is titled as ‘Elections’ and lies between Articles 324 and 329 wherein the provisions of committee, its head its powers and functions are made.
PART XVI- titled as ‘Special Provisions concerning Certain Classes’.
This part contains Articles 330 to 342 and provides for the Reservation of Seats for SCs and STs, Anglo-Indians in Union and State Legislature and services.
Articles 338 and 338 A provides for the National Commission for SC’s & ST’s respectively.
Articles 340 makes provisions for the appointment of a Commission to investigate the condition of backward classes like OBC’s, NTs, and SBCs etc.
PART XVII titled as ‘Official Language’ and has four chapters. It's articles from 343 to 351. Chapter I (Art -343-344) mentions of Official language of the Union and its Commission, Committees of Parliament would be as Hindi.
Chapter II provides for the Regional languages elaborated in the articles 345 to 347. Chapter III mentions of the language of the Supreme Court, High Courts etc. in English and then is translated by the State into the regional language of the State.
Chapter IV provides the Special Directives within the articles 350 to 351 wherein facilities for mother tongue at primary stage and Special Officer for Linguistic Minorities as also the Directives for development of the Hindi language.
PART XVIII titled as ‘Emergency Provisions’ contain articles 352 to 360. In this part article nos.352, 356 and 360 provide for the proclamation of Emergency like National Emergency, Emergency because of Constitutional failure in State and financial Emergency respectively.
PART XIX titled as ‘Miscellaneous’ contain articles 361 to 367 within which provisions of protection of President and Governors and vice-versa are made.
PART XX is titled as ‘Amendment of the Constitution wherein only article 368 is provided for the power of Parliament to amend the constitution and procedure. Therefore
PART XXI titled as ‘Temporary Transitional and Special provisions’ lies between articles 369 to 392. In these articles the provisions are made where new states are created, special provisions for judges of high courts, CAG, UPSC, etc.
PART XXII is titled as ‘Short Title, Commencement, Authoritative Text in Hindi and Repeals like ‘Indian Constitution’ as a title and to this document and authoritative text within the Hindi language. Article 395 is repealed.
There are 12 Schedules which mentions of varied provisions.
1. First Schedule
I-The States-List of all States II-The Union Territories.
2. Second Schedule:
Part A- Provisions on the President and also the Governors of States. Part B(Repealed) and Part C mentions of Speakers of Lok Sabha, Rajya Sabha, State Assemblies and Councils.
Part D- Provisions on the Judges of the Supreme Court and of the High Courts
Part E- Provisions on the Comptroller and Auditor General of India
3. Third Schedule- Former of Oaths or Affirmations
4. Fourth Schedule- Allocation of seats within the Council of States
5. Fifth Schedule- Provisions on the Administration and control of Scheduled Areas and Scheduled Tribes.
Part A- General.
Part B- Administration and Control of Scheduled Areas and Scheduled Tribes.
Part C- Scheduled Areas.
Part D- Amendment of the Schedule.
6. Sixth Scheduled- Provisions on the Administration of Tribal Areas within the States of Assam, Meghalaya, Tripura and Mizoram.
7. Seventh Schedule List I – Union List II-State List
List III- Concurrent List
8. Eight Schedule- Languages.
9. Ninth Schedule- Validation of certain Acts and Regulations.
10. Tenth Schedules- Provisions on disqualification on ground of defection.
11. Eleventh Schedule- Powers, authority and responsibilities of Panchayats
12 Twelfth Schedule-Powers, authority and responsibilities of Municipalities, etc.
Basically, Fundamental Rights always corresponds to the fundamental duties of every citizen; therefore, the founding fathers of the constitution must had not specified them. When one individual knows or enjoys his fundamental rights at the same time others also do and show respect for them i.e. duty.
In 1976, there was 42nd Constitutional Amendment Act which is named because the 'Mini Constitution1 by some experts. Article 51-A provided the fundamental duties of Indian citizen which are as follows:- [Effective from 3rd Jan. 1977]
1. To abide by the Constitution and respect its ideals and institutions, the national flag and therefore the National Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render service when called upon to do so;
5. To push harmony and also the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practice derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite culture;
7. To guard and improve the natural environment including forests, lakes, rivers and wild life and to possess compassion for living creatures;
8 To develop the scientific temper, humanism and therefore the spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence altogether spheres of individual and collective activity in order that the state constantly rises ‘to higher levels of endeavour and achievement;
11. Who may be a parent or guardian, to produce opportunities for education to his child or because the case may be, ward between the age of six and fourteen years. (This was provided in 2002 by the 86th Constitutional Amendment Act with regard to article 45).
These fundamental duties are sometimes criticised and sometimes favoured by the varied constitutional experts.
Indian Society is a pluralistic in nature and thus it faces always differences and divergences of opinion in matters referring to religion, caste, race, colour, sex, region, languages etc. But our Indian Constitution is that the only fabric that weave of these differences together and strengthen it. Apart from this there are some values to be inculcated among the youngsters and youth and therefore the Indian citizens in to like tolerance, peace and communal harmony. Therefore, we'll discuss these values as follows.
The Value of Tolerance
Tolerance is defined as the sense of understanding for other's feelings and having respect for others. In India as a multiplicity of religions, castes, creeds, regions, languages Tolerance is that the very significant value which all the Indians must cultivate among themselves. In this composite society one must bear with other's opinion. One has to have the understanding that divergent opinions are the common phenomenon within the country like India and hence though the other views expressed by any person must be listened carefully and countered it by peaceful ways.
Importance of Tolerance:
i. Tolerance is important value to understand the character (human nature) of the individual.
Ii. Tolerance leads the person to behave within the society with compromise and adjustment.
Iii. Tolerance can stop quarrels and conflicts among the people and establish peace.
Iv. The composite society like India, it's the prime requirement to strive for harmonious relationships and hence, only tolerance can maintain it.
v. Tolerance helps the democratic society to flower and flourish.
Vi. It also inculcates liberal thinking within the person about the differences of opinion.
Vii. Person can have respect for other's viewpoints though they're opposing to his own beliefs.
Viii. If we would like India to prosper economically and become major power , tolerance is that the important value to be attained.
Ix. Tolerance can establish equality between human beings and permit to enforce Constitutional Provisions.
x. Tolerance can help reduce the inter-group conflicts like Communalism, Casteism, Linguism and Regionalism and lay communal harmony as possible goal of the Indian Constitution.
Therefore, tolerance can promote National Integration, establish national unity and inculcate patriotism among the citizens.
Value of Peace:
To strengthen the social fabric of Indian Society there should be the peaceful co-operation among several members. The co-operation and mutual help leads the peoples towards peace. The peace is essence of progress. In a community life, we must lift equal share of responsibility and carry it as willingly. We should help one another in the natural calamity or within the difficulties created by human being or circumstances regardless of their caste, creed, religion, sex, region, language, costume etc. When most are co- operative, the social and group activities will always bring absolute best results and may sub serve the interest of each member. Therefore, proper understanding and mutual co-operation is that the soul of any successful group activity though it's pluralistic.
Peace is essentially a moral and human value and requisite of Indian Society. Whenever anything goes against one’s interest or desire one shouldn't resort to physical violence but should follow constitutional ways. ‘Survival of the Fittest or 'Might is Right' are the phenomenon applied to animals and to not the human beings. If the violence and force have their way whenever then the weaker, old, sick, handicapped and other sections of the society will find their survival impossible once you are following peaceful life so will others. In Indian composite culture peaceful co-existence is extremely significant. By the virtue of peace we will avoid communal riots, violence and lead a harmonious life.
The founding fathers of our constitution studied the varied constitutions available in the various countries of the world and picked up the chosen principles which might be suitable to Indian social-political, economic, cultural, religious conditions. The Constitution of India has provided the Indian citizen the best of the items for leading a happy and peaceful life. Therefore, the essential features of it are as follows:-
The Lengthiest Written Constitution within the World:
When Indian Constitution was prepared, it had 395 articles 9 schedules and 12 parts. It's most detailed written document. The USA constitution has only 7 articles, the Australian constitution has 128 articles and therefore the Constitution of Canada has 147 articles. Indian Constitution gives the details of administrative machinery, execution, legislation and implementation details of the judiciary. The country like England has no written Constitution at all.
According to the Constitutional Amendment no 92 within the year, 2003, the Indian constitution is consisted of 447 Articles, 12 schedules and 26 parts.
Popular Sovereignty:
It is clearly stated in the preamble that India isn't under any outside control. It’s a sovereign nation under the people. The people will have right to elect their representatives to rule for themselves to the govt. Hence, India features a democratic system of state. Any citizen who is above 18 years aged regardless of religion, creed, caste, region, property, rich or poor, man or woman can execute adult franchise and have his represented for his/her welfare. It's very of great provision in the constitution that the person could also be from dire poverty or from an Industrialist will have right to one vote and one vote will have one value. Therefore, popular sovereignly is extremely important feature of the Constitution of India.
Partly Rigid and Partly Flexible:
When we read our constitutional document then we come to understand that sometime, somewhere the articles of the constitution are very rigid to form any amendment and somewhere some articles are easily amended consistent with the situation exists. The article 368 of the Constitution provides for the amendment. At the same time, just in case of Jammu & Kashmir, the parliament possesses limited rights to intervene in the affairs of this state. As against this, during 57 yrs. There are 92 amendments are made in the constitution and states like Nagaland , Sikkim, Jharkhand, Chhattisgarh etc. are newly created. Many articles are added consistent with the present context.
Provision of Fundamental Rights:
The constitution of India guarantees the elemental Rights to each individual regardless of birth, caste, creed, sex, religion, race, language, region, age, education, rich, poor etc.: Articles from 12 up to 35 mentions of Fundamental Rights.
The Fundamental Rights are as follows: - .
1) Right to Equality (equality before law for everyone).
2) Right to Liberty (includes freedoms).
i) Freedom of speech and expression;
Ii) Freedom of assembly;
Iii) Freedom of practice any profession or occupation;
Iv) Freedom of union or professional organization;
v) Freedom of staying anywhere in India;
Vi) Freedom to move anywhere in India;
3) Right to freedom of faith.
4) Right against Exploitation.
5) Cultural and academic Rights.
6) Right to Constitutional Remedies.
i) Habeas Corpus
Ii) Mandamus
Iii) Prohibition
Iv) Quo-Warranto and
v) Certiorari
* The Right to Property are deleted from the Constitution in 1979 by 44th amendment.
* Article 17 of the constitution have abolished the practice of Untouchability and it's considered an offence cognizable.
* Article 23 prohibits forced labour.
Thus by the provision of Fundamental Rights the constitution have woven the thread of unity of the Indians.
The Constitution have also provided for the fundamental duties of every citizen/Nonetheless, when Fundamental Rights were specified, it had been obvious that one shouldn't violate other's rights is the duty of everybody to be understood. But by the 42nd constitutional amendment in 1976, government clearly specified the fundamental Duties.
Federal System with Unitary Bias:
The Constitution has its supremacy over all the political governments. The powers are divided among the varied provinces and states between the Union Government It also provides for the single Citizenship. The Central and State governments must discharge their powers-and duties per their subjects of legislation and execution. The Constitution has divided the subjects into three lists i.e. Central list, State list and concurrent list. Central list have 99 subjects, State list have 61 and Concurrent list 52 subjects as of now. It implies that centre state can pass acts, make legislations only on the subjects listed in their list. So far subjects listed within the Concurrent list, both the Centre and State can make legislation on these subjects. But because of unitary biasness the legislation of Central government are supreme over the state. It means we can experience the equal power share between State and federal government but regarding Emergency (due to Constitutional Breakdown) Central Government can dissolve the state government is also with bias attitude.
Parliamentary Democracy:
We have adopted the parliamentary democracy with President as its Constitutional and Executive head. It means Prime Minister and his Council of Ministers is that the representative of President. Therefore, it's said that President is that the nominal head and real power of the Union Government is lying in Prime Minister.
Parliament is bicameral and consists of i) Loksabha and ii) Rajyasabha. These houses pass various laws, acts, with majority of the members of the Parliament.
Directive Principles of the State Policy:
We find that these Principles are provided in the articles from 36 to 51. They’re the extra-legal instructions and guidelines to the political governments. The govt. is supposed to require note of these principles for the welfare of the people and achieve necessary conditions within the concept of welfare state. One can't go against the violation of those principles within the court of law. Despite governments must follow these instructions for succeeding the next tenure of power. Otherwise people won't get such" political parties elected in future by ballot boxes, e.g. Article 45 of the constitution provides for the free and compulsory education to the children between the age 6 to 14. Then to provide education them is that the moral responsibility of that state government. Hence government starts schools, appoints teachers, pays their salaries construct school buildings etc. Therefore this one among the feature ha got very significant role to play.
Principle of Secularism:
The word 'Secular' is adopted in the Preamble of the Constitution 1976 by 42nd amendment. This suggests that state has no Religion. At an equivalent time government won't favour anybody religion and also not disfavour the religion of others. State will never interfere the religious affairs ‘of the.
The religion will have any influence over any government. The citizens have gotten right to any religion, worship any God & Goddesses. It’s only due to this constitutional secular nature of the state that led to become the President, Prime Minister from any religion or community.
Single Citizenship:
The American Constitution has given its citizens the 'Dual Citizenship', one for the country and other from the representing state. Contrary to the present Indian constitution provides only Single Citizenship i.e. just for the country and not for the state. It’s because of multiplicity of the nature of Indians society that states shouldn't have loyalties only to their States. Therefore, a person can inhabit in any a part of the country, take education, join profession or occupation. We also introduce ourselves as 'I am an Indian first.' Single citizenship bounds the Indians into oneness and unity.
The Independent Judiciary:
The Indian Constitution, among its three major bodies of Legislature, Executive and Judiciary; more rights and freedoms are given to the Judiciary. The principles and laws and regulations regarding the appointments and rights and powers of the Judiciary i.e. Supreme Court, high court and Subsequent courts and their judges having been clearly stated within the constitution. The judiciary are kept tally out of the purview of the legislation and executive body. The Judgement given by the judiciary becomes the law.
The Judicial Review:
The Supreme Court and the High Courts are the guardians of the Constitution. They need also got right to interpret the provision of the constitution. Therefore, government before passing any act or law undergoes investigation into the constitution and takes care that there wouldn't be violation of the constitutional provisions. It happens sometimes that Parliament Councils & Assemblies could also be wrong in passing any act against which one can ask the Courts of law to review the choices taken by the governments. The Supreme Court and therefore the high court can declare such law null and void or unconstitutional if it goes against constitutional provisions.
End of Old Order and Rise of new Order:
Our Indian constitution is revolutionary in true sense of the term. Since past & for thousands of years, the power was administered by the provision in Manusmriti, instead, now it runs with provisions of Constitution. The Constitution guarantees equality, liberty, fraternity, justice, equal opportunity etc. which were denied to certain section of the society. Now, there's no discrimination based on sex, caste, creed, religion language, region, rich, poor etc. The Constitution has abolished untouchability and termed it as an offence punishable. It also protects women, children and historically deprived or depressed classes. Hence the Old Order of Mansmirti has gone and therefore the New Order of the constitution has risen.
Adoption of good Principles from others:
The architects of the constitutions knew the constitutional provision of the various countries. Hence, after many study they adopted certain good principles from the constitutions of other nations of the planet. They’re as follows:-
Table No. 5.1 Certain Provision adopted from others
Sr. No. | Country | Provision |
1. | England | Parliamentary democracy and democracy and election process. |
2. | America | Judicial Review. |
3. | Canada and US | Federal Nature of the State. |
4. | Ireland | Guarding Principles of State policy. |
5. | England France | President and his powers. |
6. | US and France | Fundamental Rights. |
7. | South Africa | Amendment & Flexibility. |
8. | German Wymer Republic | Emergency. |
