In wake of recently concluded Constitution day it is necessary to know the reason to celebrate. It’s important that we celebrate all of our milestones and major accomplishments. Celebration gives us a sense of achievement, and it’s a great way of rewarding ourselves for a job well done. November 26 is observed as Constitution Day (prior to this, same day was celebrated as Law Day) to promote “constitutional values amongst citizens”. Though the legislators have dissected it 105 times till writing of this article, the Constitution of India still hold its relevancy among the common man.
The common man’s law is a belief that “justice prevails” is inculcated in mind of every individual who succumbs to corruption and disrespect in the regime of law and judiciary over the decades gets its energy from the provisions of law. The Constitution of India has sought to put an end to the authoritarian form of Government and through tools of democracy has established a form of egalitarian government. By virtue of the Constitution, the role of judiciary has been remarkable in the direction of social change and justice dispensing special mention to Art 136, the apex court can grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter, passed or made by any court or tribunal in the territory of India. There is no limit, as in other Articles where it is provided that an appeal can lie only from a judgment, decree or final order. Even from interim orders, leave to appeal is permissible. Exception only being appeal made against law made for armed forces will not be permissible.
The Constitution of India lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. As known to almost everyone now that it is the longest written constitution of any country on earth. It is a national day set aside to celebrate the rule of law framed by our constitution. It provides an opportunity to understand how law and the legal process protect our liberty, strive to achieve justice, and contribute to the natural freedoms entailed by birth. It’s is our Constitution of India which gives hope to a tea-seller’s son who can aspire to become the Prime Minister of the nation and there’s hope for the common man who we saw as an activist to become become the Chief Minister. The Constitution of India has sought to put an end to the authoritarian form of Government and has established a form of egalitarian government through tools of democracy.
The true sacredness of constitutional values can only evaluated in the context of their effectiveness in a common man’s world. The welfare of the people or the public is the paramount law and public necessity is greater than the private has been the standing guidelines to frame any law in India. The Indian Constitution retained the liberal democratic framework but time to time has broadened the scope of governmental intervention with a view to promoting social reform and welfare. Repealing the right to property from the list of fundamental right in 1978 and making it as a constitutional right may be cited as an example of governmental intervention.
Still, 70 years later, despite the challenges, the big picture that emerges is that of success. Constituent Assembly members dreamed big by giving the country a remarkable Constitution. India’s politicians, public servants, civil society and citizens have built the structures provided by the Constitution under the guidance of rule of law. What is needed now is a solid pledge to abide by the values of the Constitution — of sovereignty resting with the people of India; of democracy; of justice, liberty, fraternity and equality; of secularism, coexistence and tolerance; and of the dignity of the individual. Indian Constitution has survived the test of time. It has shown its adaptability and dynamism. However, some like me, have criticized it as too much flexible unlike any other federal state. in wake of rising cases of fraternity getting fragile under the pretext of provocative religious speeches specially by Owaisis, Masoods and Alams; secularism have become very vulnerable in the face of the acts of fundamentalism and communalism during the electoral politics which determine the objective and directives of communal violence. Regionalism, insurgency, hidden separatist movements, demands for separate states and state autonomy, anti-Centre stand of several states, unemployment, security of women, protest for and against reservation policy and the debate over its future, criminalization of politics, political instability, declining parliamentary democracy and corruption are many such issues which need to be addressed with the instrumentality of the Constitution.
The statement of our first Prime Minister of independent India (Mr. Nehru) once said, “While we want this Constitution to be as solid and as permanent structure as we can make it, nevertheless there is no permanence in Constitutions. There should be a certain flexibility. If you make anything rigid and permanent, you stop a nation’s growth, the growth of a living, vital, organic people” is becoming irrelevant under above mentioned issues.
The Indian Constitution thus needs to achieve substantial achievements relative to abstract success.
