Relationship between Republic and the Constitution of India

Arushi Anand[1]

The Constitution of India which came into force on 26th of January, 1950 has been kept intact throughout the country in its apparent working and ensuring the rights, justice, and equality of the Indian society at large. A republic of any country implies where there is the power lies with the people of the country and not with one ruler or a group of individuals controlling the country in any way they desire. Thus, the Republic of India is protected by the Articles of the Constitution being in force and safeguarding the rights and prerogatives of the people and the Indian society.

The Articles of the Constitution that are making sure that the republic of India is kept alive and that the flame of the republic India keeps on growing are numerous. The very Preamble of the Constitution which provides for the republic, equality, and justice for the people and starts with for the people of the country highlights this idea. Fundamental Rights of the Constitution which are provided in Articles 14 to 35 are the ones that provide the people of the country with their foremost rights and give them the power to enforce those rights. These rights include the right of equality to not be discriminated and have the protection of the law, to have the freedom of life and liberty or to profess and to practice any religion.

Articles 32 and 226[2] which furnishes the person to get the remedies from the courts (Supreme Court and High Court) as his essential right when the court has the power to issue writs is also one of the principle provision that ensures the republic of the Constitution. This ensures that everyone has a right to provoke the highest level of court for the wrong done to him and get the remedy that they deserve.

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The provision (Part XV of the Constitution) which relates to the right to vote of the people i.e., universal adult suffrage makes it necessary and a consequence that the people that are appointed and work for the betterment of the country are the ones that are the choice of people and are appointed by the fair and equal way and opportunities. The right to vote is an important part and the essence of the republic of India where a person is not a ruler or a monarch having unlimited power and can do anything he wants but works towards the welfare, growth, and development of the people and the country. Part XV[3] also provides for the appointment of Election Commission in India.

The fact that the head of the state is appointed by the people brings out the true essence of the republic portion of the Constitution. Part V Chapter I make sure that the President of the country is the result of the direct or indirect voting and the desire of the people and not in any other way. The legislature or the law making the body of the country which is the Parliament and that includes the Lok Sabha and Rajya Sabha. It is given under Chapter II of Part V and it highlights that the powers are divided into legislature, executive and judiciary and not with only one person but there is a balance of power as well which postulates for the checking of any kind discrepancy in the provisions.

The courts and their powers and duties provided also makes it pertinent that the judiciary can, if there is the unlawful provision of law or the power exercised against the very nature and objective of the Constitution of India, be struck down and made not irrational or arbitrary. The powers of the courts are provided in Part V Chapter IV of the Constitution.[4] The Cabinet also ensures that the unity and the equality are maintained where it does lead to tyranny and republic of the country is maintained.

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One of the lacunas in the provisions of the Constitution is the Directive Principles of State Policy which are given under Articles 36 to 51[5]. Directive Principle which provides for the duties and the obligations of the state has no real operative power in itself. These are just the directives and are not mandatory or cannot be enforced as such. If there is a conflict between the fundamental rights and the directive principles of state policy, then the fundamental rights will prevail in having the supreme power and authority. Thus, the directive principles need to be enforced more appropriately for getting and achieving the true and real meaning of Republic of India.

The emergency provisions are also very unstable and the emergency in any state leads to the overall disturbance in the country. The Constitution of India which provides for an emergency in Part XVIII.[6] The Proclamation of Emergency given by the President also sometimes led to more violence and the uneasiness in the territory.

The amendment procedure is very technical and it takes a lot of measures so as to bring the amendment into force. The amendment provision is provided in Article 368 of the Constitution. The Amendment procedure is very stringent and not very flexible and it takes a lot of time and a whole lot of the procedural aspect to bring about the change, modification or any other thing in the Constitution of India.

In the end, it can be said that even with some of the problems in the Constitution but it has still been able to provide for the stability and equality and justice in the country to all the people of India.

[1] Arushi Anand, Affiliation: Student, BBA LLB (3rd Year), Vivekananda Institute of Professional Studies.

[2] INDIAN CONST. art. 32 and 226.

[3] INDIAN CONST. part XV.

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[5] INDIAN CONST. art. 36 to 51.