HomeEditors DeskThe Constitution of India: A Re-approach

The Constitution of India: A Re-approach

Opinions and perspectives by Liju Joseph for AanWorld editorial.

Dr Sarvapalli Radhakrishnan, during the First Session of the Constitution Assembly, in December 1946 categorically said “It is essential for any constitution which is drawn up to make all the citizens realise that their basic privileges — education, social and economic are afforded to them; that there will be cultural autonomy; that nobody will be suppressed;…   that it will be a constitution which will be democratic in the true sense of the term, where, from political freedom we will march on to economic freedom and equity.  Every individual should feel that he is proud to belong to this great land. Apart from all these, a nation does not depend on identity of race, or sentiment, or on ancestral memories, but it depends on a persistent and continuous way of life that has come down to us.”

Although the British, Americans and more considered that the People of India will be compelled to profess the Caste System and India will be a Hindu Raj.  The vision of the Architects of the Constitution proves such prejudice contrary.  The vision put forth by Pandit Jawaharlal Nehru before the Assembly that “There will be no full freedom in this country or in the world as long as a single human being is unfree. There will be no complete freedom as long as there is starvation, hunger, lack of clothing, lack of necessaries of life and lack of opportunity of growth for every single human being, man, woman and child in the country”.

There was no discrimination foreseen under the National Flag between a prince and peasant, rich and poor or any privilege for some over others.  It’s a fact that India is one of six oldest civilisations in the world besides China, Egypt, Greece, Babylon and Mesopotamia.  The existence of Babylon and Mesopotamia is nowhere, Christian culture invaded Greece leaving its importance and Egyptian civilisation can only be seen in Pyramids. Only China with cultural invasion by Buddhist from India is surviving with modification due to technological advancement. Only India could survive all the tsunamis on ancient culture and civilisation.

The most beautiful part of the Indian Constitution is the stand-alone Preamble. It is the soul and key of the Constitution. All the 395 articles of the Constitution have to be measured with the yardstick of the Preamble and the lesson to be learned that the dignity of the individual and the unity of Nation must be held high without any difference, whatsoever, on grounds of religion, caste and region.  The Fundamental Rights envisaged in the Preamble are general rights and every citizen is equally entitled to them. The well-settled theory that the Fundamental Rights are justifiable and are enforceable, but the Directive Principles are non-justifiable and confer no legal rights and create no legal remedies. The relationship between Fundamental Rights and Directive Principles In spite of these differences are complementary and supplementary to each other.  Fundamental Rights establish political democracy and the Directive Principles establish economic and social democracy.

Whilst the Constitution provides us such a distinguished status in this Great Country, the question often comes is that are we patriotic enough towards it.  Under such comfort level, we conquer various fields and achieve economic, social and technological advancement, yet it is felt that we could not show justice to the Constitution itself.  The reason may not be non-patriotic but to some extent it may be due to ignorance on the essence of the Constitution.

The relentless work of our Great leaders and more than three years of their efforts for framing the Constitution for this Country seem to be waded into history. It is the prerogative of each of us to study and understand the beauty and privileges provided by the Constitution. Not as a subject for getting scores, but to adopt it to the hearts of our children.  The Education system should teach the essence of the Constitution, Preambles, Fundamental rights of all the peoples irrespective of their caste and creed and the Directive Principles of State Policy. Such teachings should stimulate patriotic feelings – unconditional love to the fellow citizens, from their hearts.

This country does not now need rulers, but servants. It does not need government. It needs service. We have to firmly believe that no man has the right to govern another man. History says that Hitler felt that no person other than him could rule the world. But he went down with the whole of his society, which nobody wants to remember.  Let us join hands together to achieve the ultimate Hindu Raj- the way of life.

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