Is Indian constitution a success ?
our constitution starts with "we the people of india" and highlights the basic structure of constitution with the words such as "Sovereignty, Secularism and Fraternity" in the preamble. SOVEREIGNTY We the people of India refers about Sovereignty of the people of India. Sovereignty means the people oRead more
our constitution starts with “we the people of india” and highlights the basic structure of constitution with the words such as “Sovereignty, Secularism and Fraternity” in the preamble.
SOVEREIGNTY
We the people of India refers about Sovereignty of the people of India.
- Sovereignty means the people of india is supreme and Govt. of India can exercise there power in entire territory of India, Sovereignty also means Government of India is not subordinate to any external agency whether it is Foreign Nation, United Nation etc.
- We the people means constitution is for the people the people of india but people are not source of any power of government (Keshvanand Bharti case). logically means we the people of india are not entitle to make law or referendum for any act of Govt.
Secularism
Secular state is an extension of idea of equality and liberty, because liberty stand for freedom of choice including freedom of conscience and faith, Every citizen is free to choose his/her worship and constitution gives us freedom to profess, practice and propagate religion (Article 25)
There is two model of secularism
- American model – Secular state is based complete detachment between state and religion, Therefore neither state is allowed in the activity of religion nor religion is allowed in the activity of state
- French model – Secular state separation is one sided where state is allowed to regulate activities of religion but not religion could.
India is somewhere closer to French model of secularism because state is allowed to interfere in the religious activity but it also somewhere provide some autonomy to religion also. Indian model is based on the equal respect towards every religion, moreover (Article 29-30) gives special protection for the people belonging to minority community.
Fraternity
Equality and social justice are basic condition for the promotion of Fraternity among the people of india, it is an sprit of brotherhood among the citizens, Unity symbolises the physical and territorial unity but fraternity is a matter of psychological and emotional bond with the nation.
- Armed forces are deployed for maintaining territorial unity but psychological unity/fraternity is essential for ensuring security of India.
- Example – Recent violence in Manipur is greater challenge for the unity/integrity/fraternity of India.
As we see the term Sovereignty, Secularism and Fraternity is the basic structure of our constitution and which cannot be amended by the act of parliament, as well as they are the basic feature of our constitution which allows inclusivity in our country.
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The Indian Constitution, adopted on January 26, 1950, has been instrumental in shaping India's democratic framework and governance over the decades. Here are key points highlighting its success: 1. **Democratic Governance**: The Constitution establishes India as a sovereign, socialist, secular, andRead more
The Indian Constitution, adopted on January 26, 1950, has been instrumental in shaping India’s democratic framework and governance over the decades. Here are key points highlighting its success:
1. **Democratic Governance**: The Constitution establishes India as a sovereign, socialist, secular, and democratic republic, providing a robust framework for governance through elected representatives and periodic elections.
2. **Fundamental Rights**: It guarantees fundamental rights to citizens, including equality before law, freedom of speech and expression, and protection against discrimination, laying the foundation for a just and equitable society.
3. **Directive Principles of State Policy**: These principles guide state policy towards securing social and economic justice, including provisions for education, health, and welfare of marginalized sections, aiming for a welfare state.
4. **Federal Structure**: The Constitution establishes a federal structure with clear delineation of powers between the central government and states, fostering unity while respecting regional diversity.
5. **Amendment Mechanism**: It provides for amendments to adapt to changing socio-economic conditions and aspirations of the people, ensuring flexibility and relevance over time.
Despite successes, challenges remain, such as ensuring effective implementation of laws, addressing socio-economic disparities, and tackling corruption. Overall, the Indian Constitution’s resilience in upholding democratic values and fostering socio-economic development reflects its foundational success in guiding India as a pluralistic and dynamic nation.
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