We the People of India

The Constitution of India is a sacred book for us, the people of India. But it is not easily accessible to everyone. I have also not seen it personally or read it. Therefore, I am not an expert. There would be very handful people who can claim themselves as an expert of constitution. However, every citizen should know important parts of constitution. This is my efforts to share what I feel important or exceptional parts of constitution of India which put it different than any other constitutions of other democratic nations. This is based on my reading and general studies on the subject.   

Exceptional Features of Constitution of India:

Many democracies in the world may not have the following provisions in their constitution. The list may be more. But the following list is based on my reading. The details of each of these provisions would call for separate blog/article. But intelligent readers can understand why they are unique and worth feeling pride as citizen of India.

1.      Free legal aid to the poor (Article 39A)
2.      Public prosecutors
3.      Public Interest litigation (PIL)
4.      Voting rights for all citizens above 18 years (earlier it was 21 Years)

I am dealing with some important parts of constitution of India in next few sections. There could be few more sections which all Indians should know. However, the following are few aspects of the constitution which attracted me the most.

Directive Principles of State Policy:

The Architects of the Constitution felts that India should make legislations on many topics. But they did not make them during drafting the constitution after independence. They gave this responsibility to the next generation and drafted these directive principles which will form the basis of future legislations. They can’t be subject to legal scrutiny. As expected by architect of the constitution, the subsequent governments took the aspirations from these directive principles and formulated the laws in due course of time. Many of these Directive Principles have been already acted upon. One notably pending is implementation of Uniform Civil Code. Let’s hope that the current govt. fulfills that remaining objective of Constitution of India. These Directive Principles are self-explanatory.  

1.       (Article 38): Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimize inequalities in income, status, facilities and opportunities.

2.       (Article 39): Secure citizens:

1. Right to adequate means of livelihood for all citizens
2. Equitable distribution of material resources of the community for the common good
3. Prevention of concentration of wealth and means of production
4. Equal pay for equal work for men and women
5. Preservation of the health and strength of workers and children against forcible abuse
6. Opportunities for the healthy development of children

3.       (Article 39A):  Promote equal justice and free legal aid to the poor

4.       (Article 40): Organize village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government

5.       (Article 41): In cases of unemployment, old age, sickness and disablement, secure citizens:

1. Right to work
2. Right to education
3. Right to public assistance

6.       (Article 42): Make provision for just and humane conditions of work and maternity relief

7.       (Article 43): Secure a living wage, a decent standard of living and social and cultural opportunities for all workers. Promote cottage industries on an individual or co-operation basis in rural areas

8.       (Article 43A): Take steps to secure the participation of workers in the management of industries

9.       (Article 43B): Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies

10.   (Article 44): Secure for all citizens a uniform civil code throughout the country

11.   (Article 45): Provide early childhood care and education for all children until they complete the age of six years

12.   (Article 46): Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation

13.   (Article 47): Raise the level of nutrition and the standard of living of people and to improve public health. Prohibit the consumption of intoxicating drinks and drugs which are injurious to health

14.   (Article 48): Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds. Organize agriculture and animal husbandry on modern and scientific lines

15.   (Article 48A): To protect and improve the environment and to safeguard forests and wildlife

16.   (Article 49): Protect monuments, places and objects of artistic or historic interest which are declared to be of national importance.

17.   (Article 50): Separate the judiciary from the executive in the public services of the State

18.   (Article 50): As follows

1. Promote international peace and security and maintain just and honorable relations between nations
2. Foster respect for international law and treaty obligation
3. Encourage settlement of international disputes by arbitration

 Fundamental Rights:

Supreme Court ruled that in case of conflict between Fundamental Rights and Directive Principles, the provisions of Fundamental Rights would prevail. Directive Principles are regarded as subsidiary to Fundamental Rights.

1. Right to Equality (Article 14-18): Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion etc.
2. Right to Freedom (Article 19-22): The freedom right includes

1. Freedom of speech
2. Freedom of expression
3. Freedom of assembly without arms
4. Freedom of association
5. Freedom to practice any profession 
6. Freedom to reside in any part of the country

3. Right against Exploitation (Article 23-24): This right implies the prohibition of traffic in human beings, beggar, and other forms of forced labor. It also implies the prohibition of children in factories. It prohibits the employment of children under 14 years in hazardous conditions.
4. Right to Freedom of Religion (Article 25-28): There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions.
5. Cultural and Educational Rights (Article 29-30): These rights protect the rights of religious, cultural and linguistic minorities by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.
6. Right to Constitutional Remedies (Article 32): The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.

One can see how Directive Principles and Fundamental Rights are progressive, modern, promoting equality. They are still relevant after ~70 years of inception. They are still guiding governments in conducting their business. I personally feel that they should also become the guiding principles for each and every Indian. There was one more fundamental right i.e. Right to Property. But it was removed in 44^th Constitutional amendment as it was hindrance to socialist nature of govt. at that time.

Fundamental Duties were not part of original constitution which was approved after independence. The esteem Constitutional committee did not feel the necessity of this article. But Indira Gandhi and her learned Law Minister Mr. H. R. Gokhale felt the necessity of it. It was added in 42^nd constitutional amendment in 1976. I hope you understand the timing of adding.  Article 51A deals with fundamental duties of citizens. Since they were added later on, I am not giving them here. It does not mean that I do not agree to them. Many of them are really good and required. But I do not want to question the wisdom of architects of Constitution. I would expect you to read them separately.

It must be God’s grace that the constitution of India remained more or less same in last ~70 years. It has been changed multiple times, but its basic fabric remained unchanged. It does not mean that no one tried to touch the fundamentals of it. The most notorious one was 42^nd Amendment. people have mostly forgotten this assault on the constitution.  

42^nd Constitutional Amendment:

This notorious and controversial amendment, in the history of independent India, was done during the emergency imposed by Mrs. Indira Gandhi (June -1975 to Mar -1977). Mrs. Gandhi touched almost every aspect of the original constitution and modified it to give her more powers. It touched or newly added almost 60 articles of the constitution. Therefore, this amendment was also called as mini constitution and officially called as ‘The Constitution Act 1976’. The entire opposition was in jail when it was passed. Over 16 state governments ratified it to become the constitutional amendment.

·         The Preamble of constitution was modified from ‘sovereign democratic republic’ to ‘sovereign socialist, secular democratic republic’ and ‘unity of the Nation’ to ‘unity and integrity of the Nation’.

·         Fundamental Duties of citizen were newly inserted under Article 51A.

·         It increased the term of Loksabha MP and MLA from 5 to 6 years under article 83.

·         It curtailed the democratic rights of the people and gave sweeping powers to the Prime Minister office.

·         The Parliament got unrestrained power to change the constitution of India without any judicial review

·         It eroded federal structure of India and move some of the state govt. powers to central govt. Allowed Centre to deploy central forces in State to deal with the conflicting situations of law and order.

·         Election disputes were removed from judicial purview

·         It restricted the powers of Supreme Court and High Court. It removed the power of court to decide the office of profit. (I have written a separate blog on this)

·         It allowed suspension of Fundamental Rights.

·         It froze delimitation of Loksabha and state assembly constituencies until 2001. 

When Janata Party came to power in 1977, they tried to repel 42^nd constitutional amendment. The Congress had large number of MP’s in Loksabha and Rajyasabha then. They failed the efforts of Morarji Desai’s govt. The Janata Party govt brought 43^rd and 44^th constitutional amendment and nullified some of the adulteration done by 42^nd Amendment. Some of the provisions of 42^nd Amendments were stuck down by Supreme Court down. But Constitution could not be restored to pre 42^nd Amendment till today. However, it would be incorrect to say that all the provisions of 42^nd amendments were against the basis fabric of constitution. Some of them were good amendments.

Since Mr. Narendra Modi came to power in 2014, certain elements of society started the campaign of “संविधान बचाओ”. They are spreading unfound fear that Mr. Modi will change the constitution with huge majority. None of these elements have protested against 42^nd Amendment then and now. When Constituent Assembly was debating over preamble, K. T. Shah suggested that it should have "Secular, Federal, Socialist" nation. But Dr. Babasaheb Ambedkar opposed it. His explanation is very futuristic and still valid. Will “संविधान बचाओ” gang at least protest to restore Preamble of Constitution to pre 42^nd Constitutional Amendment?

 

Satish Gundawar

20-June-2021