THE CONSTITUTION OF INDIA
RULE AND LAW: THE CONSTITUTION
Rules and Laws are important for functioning of a country. These rules and laws make life easier and functioning of democracy effective and smooth.
We should follow these rules for our safety and security. The set of rules and regulations which helps in the smooth functioning of the state is termed as Constitution.
ROLE OF THE CONSTITUTION
A Constitution is a set of rules and laws according to which a state is governed. The Constitution lays down guidelines and principles on the basis of the governance of that country is conducted with a view to maintain law and order.
TYPES OF CONSTITUTION
The Constitution is of two types –
- Written Constitution
- Unwritten Constitution
Our country has a written Constitution which came into force on 26th January, 1950.
The Constitution is very important or a state due to the following reasons:
- Constitution helps us to understand the political system of a country.
- It delimits the scope and activities of various organs of the government.
- The Constitution ensures that the citizens of a country enjoy their Fundamental Rights
WHAT ARE LAWS? WHY DO WE NEED LAWS?
The word ‘Law’ is derived from the Teutonic word Lag, which stands for ‘Something fixed’. We can define the Laws as a set of rules and regulations according to which a country is governed and are widely recognized by society.
Laws have their own importance in the society. We need laws-
- As they regulate the civic life of the society.
- Or good governance.
- To maintain law and order.
- To curb the social evils prevailing in the society.
Several laws have been passed and implemented to safeguard the people. Example:-
- Dowry Prohibition Act of 1961
- Sati Prevention Act of 1987
The Constituent Assembly was given the momentous task o framing the Constitution of India. It had its first sitting on 9th December 1946. During the first sitting of Constituent Assembly, Pt. Jawaharlal Nehru moved the historic objective resolution which started, “The Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent, Sovereign Republic and to draw up as a Constitution for her future governance.” Dr. Rajendra Prasad, who later became the First President of India, was also the President of the Constituent Assembly.
A preamble is not a part of Constitution, but it is the foundation on which a Constitution stands. The preamble is a guideline of the Indian Constitution. It declares India to be a Sovereign, Secular and Democratic Republic and sets out the basic ideals of the Indian Republic. Our Constitutional experts took inspiration from the American Constitution for the framing of the preamble.
KEY FEATURE OF INDIAN CONSTITUTION
Listed below are some of the key features of the Indian Constitution-
- Written Constitution
- Rigid as well as Flexible
- Parliamentary Form of Government
- Division of Power
- Fundamental rights
FUNDAMENTAL RIGHTS: SOUL OF THE CONSTITUTION
Rights are those favorable conditions of life which are recognized by the society and are implemented by the state.
Those rights which are considered essential for all round development and well being of a citizen of a country are termed as Fundamental Rights. The Fundamental Rights are included in Part III of the Constitution. No organ of the Government and an authority can violate our Fundamental Rights. Judiciary has the supreme power to protect our Fundamental Rights. If someone feels that any of his rights is violated, he/she can approach the court to get it implemented.
Following are the fundamental rights enjoyed under the Indian Constitution:-
They have right to:-
- Freedom of Religion
- Cultural and Educational Rights
Rights and Duties are Reciprocal. Every right carries a duty with it. In return for Fundamental Rights, the society expects the citizens to perform certain obligation, which are collectively known as duties.
Some important fundamental duties assigned to the citizens are:-
- Respect the National Flag and the National Anthem.
- Preserve the rich cultural heritage of the country.
- Abide by the Constitution and respect its ideals and institutions.
- Defend the country and promote the spirit of brotherhood.
- Maintain and preserve public property.
- Develop scientific temper.
- Protect and conserve our natural environment.
UPLIFTING THE MARGINALIZED COMMUNITIES RELEASE THEIR RIGHTS
Marginalized communities mainly consist of the economically weaker and socially backward section of the society . However, after independence the Indian government adopted the goal of social justice and took strong measures to improve their condition.