The Indian Constitution: A Study of the Social Document

The author here discusses the Indian Constitution as a social document and finishes by saying that The Constitution of India is the basis of the Indian laws. It is the lengthiest constitution on the planet and is a blend of unbending nature and adaptability.

Introduction

Law is an effective system of the country, of a given time. It represents the cumulative effort, experience, thoughtful planning, and a persistent effort of the large number of people through generation. It can have a written social document or constitution. Court safeguards its supremacy and plays a regulatory role. It also checks the power allotted to the legislative. Law is an important tool to translate our aspiration into reality. The Indian Constitution is regarded as a great social document.

It enforces social, economic, and Political Justice and preserves the secrets of secularism and Democracy. The fundamental right constitutes the main foundation of our democratic society. The Directive Principle contained in part IV provides the guidelines for the state to take steps to ensure the welfare of the nation. The preamble of the rule of Law enriches in the Indian Constitution seeks to balance individual rights with legal responsibility. It mobilizes public opinion and ensures the spirit of equality.. liberty, and fraternity. The legal Acts and statues are safeguarded and interpreted by law courts.

What is Constitution?

It is the document which is having a special legal sanctity which sets out the framework and principal functions of the government. Constitution of the country gives an idea about the basic structure of the political system under which its people are to be governed.  This can also be termed as “Fundamental Law” of a country that will show people’s faith and aspirations.

A constitution is a total of major standards or built up points of reference that comprise the lawful premise of a country, association, or another kind of substance, and usually decide how that element is to be governed.

At the point when these standards are recorded into a solitary archive or set of authoritative reports, those reports might be said to exemplify a composed constitution; in the event that they are recorded in a solitary far-reaching archive, it is said to epitomize a classified constitution. A few constitutions, (for example, that of the United Kingdom) (1) are uncodified, yet written in various key Acts of a council, legal disputes or bargains

Relevance of Dr. B.R. Ambedkar’s Economic Ideas

Granville Austin has brought up by saying that the Indian Constitution is being drafted by Dr. Ambedkar as above all else a social archive. Most of India’s sacred arrangements are either straightforwardly shown up at advancing the point of social unrest or endeavour to cultivate this insurgency by building up essential conditions for its accomplishment. Dr. Ambedkar gave sacred assurances and securities to a wide scope of common freedoms for singular residents, including the freedom of religion, the abrogation of untouchability, and the prohibiting of all types of separation. Dr. Ambedkar contended for broad monetary and social rights for ladies, and furthermore won the Assembly’s help for presenting an arrangement of reservations of employments in the common administrations, schools and universities for individuals from planned stations and booked clans, a framework similar to the governmental policy regarding minorities in society.

The working board of trustees of all India Scheduled Castes Federation feels that except if people having a place with booked standings can possess posts, which convey official position, the planned rank must keep on enduring as they have been doing in the past all the shameful acts and insults from the hands of the Government and Public.

Combination of flexibility and rigidity

It is being rightly said that Our Constitution is a combination of flexibility and rigidity and some of the provisions of the constitution can be amended by the parliament by the simple majority, and others require two— a third of the majority of the members of the parliament as well as the majority in the state legislature. Flexibility is being introduced in the constitution by the provision which permits the parliament to supplement the provision of the constitution by legislation.

Fundamental rights

The Constitution has elaborated on the list of fundamental rights.  There is a law with regard to a law that the state has no right to make laws that take away any of the fundamental rights of the citizens. If the state does so then the court can declare such law unconstitutional.

The fundamental rights are not absolute and are subject to certain restrictions. It keeps a balance between individual liberty and social interests.(2)

Fundamental rights consist of:

  1. Right to Equality (Article 14-18)
  2. Right to Freedom (Article 19-22)
  3. Right against Exploitation (Article 23-24)
  4. Right to Freedom of Religion (Article 25-28)
  5. Cultural and Educational Rights (Article 29-30)
  6. Right to Constitutional Remedies (Article 32)

Fundamental duties

The constitution has 11 key obligations of the residents. These obligations were included by the constitution in the 42nd Amendment in the year 1976. These obligations fill in as steady suggestions to the residents that they need to watch certain essential standards of household direct.

The duties can be elaborated as follows:

  1. To abide by the Constitution and regard its beliefs and foundations, the National Flag and the National Anthem;
  2. To appreciate and follow the honorable goals which motivated our national battle for the opportunity;
  3. To maintain and ensure the power, solidarity, and uprightness of India;
  • To safeguard the nation and render national help when called upon to do as such;
  • To advance amicability and the soul of regular fellowship among all the individuals of India rising above strict, etymological and provincial or sectional assorted varieties; to repudiate rehearses disdainful to the poise of ladies;
  • To esteem and protect the rich legacy of our composite culture;
  • To ensure and improve the common habitat including woodlands, lakes, waterways, untamed life and to have sympathy for living animals;
  • To build up the logical temper, humanism and the soul of request and change;
  • To defend open property and to forswear savagery;
  • To endeavour towards greatness in all circles of individual and aggregate movement with the goal that the country continually ascends to more elevated levels of attempt and accomplishment;
  • Who is a parent or guardian, to give the opportunity of education to his kid, or all things considered, ward between the age of six to fourteen years.

Directive Principles of State Policy

The constitution contains certain Directive Principles of State Policy which the government has to keep in mind while framing any policy. This principle provides a social and economic basis for democracy and the establishment of a welfare state.

Unlike the fundamental rights, The DPSP is not just able which says that no action can be brought against the state before a court of law for its failure to implement the DP.     

Constitution A Social Document

Granville Austin has portrayed the Indian Constitution drafted by Dr. Ambedkar as above all else a social record. Most of India’s established arrangements are either legitimately shown up at advancing the point of social transformation or endeavor to cultivate this insurgency by setting up the important conditions for its accomplishment. Dr. Ambedkar gave sacred certifications and insurances for a wide scope of common freedoms for singular residents, including the opportunity of religion, the nullification of distance and the prohibiting of all types of segregation.(3) Dr. Ambedkar contended for broad monetary and social rights for ladies, and furthermore won the Assembly’s support for presenting an arrangement of reservations of occupations in the common administrations, schools, and universities for individuals from booked ranks and planned clans, a framework much the same as governmental policy regarding minorities in society. The working advisory group of all India Scheduled Castes Federation feels that except if people having a place with booked positions can involve posts, which convey official position, the booked rank must proceed to endure as they have been doing in the past all the treacheries and insults from the hands of the Government and Public.

Conclusion

This article would finish up by saying that The Indian Constitution is the basis of the Indian laws. It is the lengthiest constitution on the planet and is a blend of unbending nature and adaptability. In the Indian Constitution, there is an away from of forces between the focal and the states. The Supreme Court is the pinnacle court of India which will settle the debate between the middle of the state or between the states. The obligation lies just on the legal adviser and the strategy composers, yet in addition, the residents of the nation work in an agreeable way for the advancement of the nation.

Also read Constitutional Safeguards on Right to Religion