THE INDIAN CONSTITUTION: A SOCIAL DOCUMENT

Written By – Jahnavi Singh, Amity Law School, AUUP.

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 which will show peoples faith and aspirations.

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 safeguard 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 a 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 the public opinion and ensures the spirit of equality.. liberty, and fraternity. The legal Acts and statues are safeguarded and interpreted by law courts.

RELEVANCE OF DR.B.R.AMBEDKAR’S ECONOMIC IDEAS

Granville Austin has pointed out by saying that the Indian Constitution is being drafted by Dr Ambedkar as first and foremost a social document. The majority of India’s constitutional provisions are either directly arrived at furthering the aim of social revolution or attempt to foster this revolution by establishing necessary conditions for its achievement. Dr Ambedkar provided constitutional guarantees and protections for a wide range of civil liberties for individual citizens, including freedom of religion, the abolition of untouchability and the outlawing of all forms of discrimination. Dr Ambedkar argued for extensive economic and social rights for women, and also won the Assembly’s support for introducing a system of reservations of jobs in the civil services, schools and colleges for members of scheduled castes and scheduled tribes, a system akin to affirmative action. The working committee of all India Scheduled Castes Federation feels that unless persons belonging to scheduled castes are able to occupy posts, which carry executive authority, the scheduled caste must continue to suffer as they have been doing in the past all the injustices and indignities 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 the list of the fundamental rights.  There is a law with regard to a law that the state has no right to make laws which 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 the individual liberty and social interests.

FUNDAMENTAL DUTIES

The constitution has 10 fundamental duties of the citizens. These duties were added by the constitution in the 42nd Amendment in the year 1976. These duties serve as constant reminders to the citizens that they have to observe certain basic norms of domestic conduct.

DIRECTIVE PRINCIPLES OF STATE POLICY

The constitution contains certain Directive Principles of State Policy which the government have 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 are 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.

CONCLUSION

This article would conclude by saying that  The Constitution Of India is the father of the Indian laws. It is the lengthiest constitution in the world and is a combination of rigidity and flexibility. In the Constitution of India, there is a clear division of powers between central and the states. The supreme court is the apex court of India which will resolve the dispute between the centre or the state or between the states.

The responsibility lies only on the jurist and the policy framers, but also the citizens of the country to work in a harmonious manner for the development of the country.