Constitution is the supreme law of the country, in this law the state and the nature of the state are described and it is the document that has the authority of the government.
Any constitution is more important than laws if it guides the status quo of a self-governing society. Considering the relationship between laws and the constitution, 'the substance of the constitution does not consist in law or policy, but in the decisions of the political power that implements the constitution. And in a democracy this power always rests with the people,' recalled a statement to the effect. It is from Carl Schmitt's book 'Constitutional Theory'. The mention of 'constitutional culture' is related to the sense of unity of the people. The thing that is common to all the people, beyond the obvious and familiar, is the constitution of a country! Many ideas about ethics and values were debated in the discussions during the drafting of the Constitution of India, there were also philosophical debates; But the sense that we were the originators of a common charter remained. Our Constitution, which gives people the power to shape their own destiny, while paving the way for democratic institutions, has preserved the spirit of individual freedom and recognition of the importance of the individual. That is why the Indian Constitution is working as a link connecting the individual freedom of Indians.
26 November, Today is Constitution Day but this Constitution Day is one day in a year or 365 days for us. Because, this book has saved everyone. If the Constitution had not been created, perhaps we would have had the right to live as human beings today, I don't know..But, the constitution made everyone equal. He was not even born when the constitution was made. India is called a sovereign country. Sovereign means that which is not dominated by anyone else. The Constitution of India is not just its words, but a living document that aspires to freedom and equality, with the individual at the center of this country...
In India, people of many castes, religions, and cultures live together. It is because of democracy in India that different groups get their representation in Parliament. The task of strengthening democracy in the true sense has to be given to the constitution-making process of India after independence. The first meeting of the members of the Constitution Committee was held on December 9, 1946. Then after 2 years, 11 months and 18 days of tireless work, the state constitution was drafted on 26th November. The Constitution of India was adopted on 26 November 1949 and came into force on 26 January 1950. Since then till today we are known as a republic, a sovereign nation. Dr. Babasaheb Ambedkar was the Chairman of the Drafting Committee of the Constituent Assembly. What should be the form of Indian Constitution, the framework of Dr. Babasaheb Ambedkar planned, taking into consideration the information received from experts on various subjects, and considering their suggestions, Babasaheb thought about how they would be included in the constitution. He is called the Architect of the Constitution due to the great role he played in the creation of the Constitution. The Constitution of India has been created through the hard work, study and research of the people. "Democracy is revolutionary change in the political and social life of the people without shedding a single drop of blood." Babasaheb expected this democracy. But we have to test ourselves to see how true this is. As the world moves into the twenty-first century, the world faces many challenges. We see every day that some obstacles are created by certain classes in our country. Educated people of the country are constantly trying to create instability in the country. Regardless of the government of any party in the country, the interest of the country and the people are the first priority. But these days everything is done in the sense of how my party will get elected and how we will come to power without seeing anything like that. While the country is experiencing massive unemployment and poverty, the focus is on whether it is right or wrong by discussing only historical events. Alarm bells are ringing in our country now, as many industries are now being privatized. Why is the government doing privatization? We must all ask these questions together. This policy of the government is a policy that is leading India to ruin.
In the Indian Constitution
The Preamble of the Constitution can be said to be a major feature. At the very beginning of the constitution, some parts of the preamble contain the values enshrined in the constitution of India, which is the spirit of the constitution. As a whole reality there is mainly emphasis on two things one is welfare state and other is fraternity or sense of unity.Our constitution has given certain fundamental rights to every Indian citizen and those rights are protected by courts. If your fundamental right is violated anywhere, you can appeal in court against such violation of injustice or under constitutional provisions. Among the fundamental rights, we mainly have to think about 1Right to equality, secondly all are equal before law, thirdly prohibition of discrimination, equal opportunity for all, ban on untouchability, abolition of titles.
Democracy is one of the many features of a constitution. As Aristotle said, democracy is a government run by the people by the people. India has unanimously adopted parliamentary democracy. The nature and extent of Indian democracy is bigger than the democracy of many countries in the world. There are many religions, races, languages, genders and castes in our country. The essence of all these is that we are running democracy without any distinction. Roughly speaking, it is safe to say that the real process of parliamentary democracy started in India. Many nations formerly had monarchies, which have changed form over time and have adopted democracies. The image of our democracy is reflected in the purpose of the Constitution. India's Preamble has 81 words, America's Preamble has 51 words, France's Preamble has 34 words and Ireland's Preamble has 42 words, the 81 words preamble itself reflects the Indian Constitution.
Right to Freedom Six freedoms are given in it. Freedom of speech and thought, freedom of peaceful and unarmed assembly, freedom of association, freedom of movement within the territory of India, freedom to reside temporarily or permanently in any part of the country, freedom to practice any trade or profession, right to life etcGuarantee of personal liberty, right against exploitation, right to religious freedom, educational and cultural right, right to preserve language, script and culture, right to establish educational institutions, right to constitutionally appropriate measures. Fundamental Duties Enshrined in the Constitution What are the Duties of a Person?Adhering to a constitution, respecting ideal institutions, national flag, national anthem, cultivating and imitating the noble ideals that inspire freedom, upholding and protecting the sovereignty, unity and integrity of the country, being ready to protect and serve the country and religion, language, region or To forget the class distinctions and promote harmony and brotherhood among the people of India, to abandon the practices that hinder the dignity of women and to preserve the heritage of our mixed culture by knowing its value.
To protect and improve the natural environment including forests, lakes, rivers and other life forms, to have compassion for animals, to develop a scientific approach, humanism and an inquisitive mind and a reforming attitude. Protecting public property Abstaining from violence Striving for success in all spheres of work, personal and community;
It has added to the fundamental duty of parents to provide educational opportunities to boys and girls between the ages of 6 and 14. Most importantly maintaining public cleanliness is everyone's duty.
It should be reiterated here that the Constitution has placed the individual at the center of society and politics. And on the basis of this constitution, our journey towards a new freedom-based constitutional democracy can be made easier by overturning the rule of colonial laws. On the face of it, there will be contradictions, but the progress of the Constitution will depend on whether we put the individual at the center of its formulation. Similarly, we should also take into consideration the fact that the justice system has come from the citizens. Ever since the Constitution was given to us, people have changed, their identities have changed, and the interpreters of the Constitution (the Judiciary) have worked to accommodate these changing identities. Courts cannot remain ignorant of the inherent values of the Constitution while making a chronological interpretation recognizing such a changing society. Because only by recognizing these values can the Constitution become a living document. Courts should take into consideration the transformative vision of the Constitution. People should also recognize this vision. The guarantee of rights provided by the Constitution can be a vehicle for social change. Of course, the movement of these rights depends on many institutions. If the people are also aware of the values of the Constitution, then the Constitution can move towards a truly egalitarian, liberating society. Constitution is a matter of daily use. This usage is the function of the constitution. And it is the job of the courts, representatives, citizens, civil society and the media to do that. Constitution is only one, but only through its conscious use can it become a document that leads the society to human dignity. Otherwise, it can also become a tool to undermine human freedom. For this, the Constitution should be used carefully not only in the courts, but also outside the courts. The question of what is the meaning of the Constitution today is always important. If everyone is aware of the values of the constitution, we will also realize that this meaning can always change.
There is no doubt that freedom is a matter of happiness. But we should not forget that with this freedom comes great responsibilities. Because of this freedom, we can no longer blame the British for anything bad. Henceforth, if anything bad happens, no one else can be blamed for it. There is a high risk of an untoward incident. Times are changing fast. Our people, too, are pursuing new ways of thinking. Now they are getting tired of people's rule. Now they want a state for the people. And they will not care whether the state is of the people and elected by the people.If we want to preserve the constitution in which we have preserved the principle of government by the people, for the people, we must recognize the obstacles that will stand in our way, so that the people will turn to prefer a government of the people to a government elected by the people. We should not be weak in taking initiative for this. This is the only way to serve the country. I don't know any other better way. No matter how much we oppose the constitution, no matter how much we disrespect it, we cannot live without itWe will get all our structural democracy and individual freedom from the core of the constitution, so no matter how much someone says that I do not believe in the constitution
Adv.Dr.Ghapesh Pundalikrao Dhawale
Mo. 8600044560
ghapesh84@gmail.com