India will celebrate its 75th anniversary on January 26, 2024, and it’s a momentous occasion to reflect on the country’s journey since 1930, when Purna Swaraj called for constitutional jurisprudence. This call for freedom and democracy has shaped India’s future and paved the way for its current success.
The following article is an in-depth analysis of the Indian Constitution history, glory, and impact on society, written by advocate Navpreet Kaur. The article also discusses the challenges and evolving landscape of the Indian Constitution. It’s a must-read for anyone interested in understanding the importance of the Indian Constitution and its contribution to the country’s success.
Table of Contents
- Author’s Introduction
- Thus, The Republic of India was born…
- Purna Swaraj: An Oath for Complete Liberation
- Jurisprudence for Ensuring Good Governance in the Constitution
- “Founding Principles: The Preamble as the Cornerstone of India’s Longest Constitution”
- ‘We, the People of India’ and the Progressive Ideals Shaping the Constitution”
- Architects of Justice
- Final Words: India’s Journey with Constitutional Ideals
Author’s Introduction
Dr. Navpreet Kaur is a Chandigarh, India based Lawyer, Co-founder of “The Laxmi Foundation -for acid attack survivors”, Social Entrepreneur, Author , POSH Trainer and Diversity & Inclusion Expert.
The research papers written by Dr.Navpreet Kaur are published in various National and International journals and books.
In addition, she has been invited as a speaker/Chairperson/Panelist/Judge by various National and International Colleges, Universities, and Departments.
Read her another article at https://journals-times.com/2023/08/14/harmonizing-diversity-exploring-indias-uniform-civil-code/
Celebrating Republic with Constitutional Spirit and Values!
“The Evolution of the Constitution from Purna Swaraj to the Magnificent Document of January 26, 1950”
The Republic Day celebrations occur every year on January 26 with exceptional enthusiasm and patriotic fervor. This day signifies the beginning of a new era in our Nation’s history and is considered a significant event. On January 26, 1929, Pandit Jawaharlal Nehru declared on the bank of river Ravi that Indians aimed to achieve ‘Purna Swaraj.’
One year later, on the same day, people all over the country unfurled the tri-color and took a pledge to achieve that goal. It’s remarkable that India finally became free from British rule on August 15, 1947.
“Our forefathers made great sacrifices, and we must continue striving to improve our Nation. Dreams have been realized, but aspirations still need to be fulfilled.“
The struggle for freedom ended with victory, but the struggle for sovereignty continued. Before the advent of the Constitution, India was governed under the Government of India Act of 1935, which became effective in 1937. India was then a part of the British Empire; the sovereignty of the British Crown prevailed over the country, and it was in the exercise of this sovereignty that the British Parliament enacted the Act of 1935.
Our visionary leaders were alive to the situation. During the struggle for Independence, they retained the sight of the ultimate goal, i.e., to make India a vibrant Independent Nation. They immediately got down to the task of giving real freedom to people by making India a Sovereign state.
The process was initiated, resulting in the creation of a beautiful document called the Constitution of India. The day of January 26, 1950, was chosen to dedicate this gem of jurisprudence to the country’s people.
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Thus, The Republic of India was born…
This was an act of wisdom for realizing the dreams of our great freedom fighters, martyrs, and great leaders who spearheaded the freedom movement.
(Republic is a form of Government in which a state is ruled by representatives of the citizen body. Modern republics are founded on the idea that sovereignty rests with the people, though who is included and excluded from the category of the people has varied across history. Because citizens do not govern the State themselves but through representatives, republics may be distinguished from direct democracy, though modern representative democracies are by and large republics. The term republic may also be applied to any form of Government in which the head of State is not a hereditary monarch.
Thus, the word “Republic” denotes a country where the supreme power is held by the people or their elected representatives (politicians) or by an elected or nominated President, not by a permanent head like the King or queen of Britain. A Republic is just an extension of democracy to ensure the rise of the people enshrined in the Constitution.)
Purna Swaraj: An Oath for Complete Liberation
Did you know that Purna Swaraj is not just a word but a declaration of complete Independence and self-rule for India?
Its name comes from Sanskrit, where पूर्ण (Pūrṇa) means ‘Complete,’ and स्वराज (Svarāja) means ‘Self-rule or Sovereignty.’
The leaders of the Indian National Congress fought tirelessly for Purna Swaraj, taking an oath to achieve total Independence from British rule.
This resolve was extraordinary for the Indian nationalists and Congress leaders, who dreamed of a free and sovereign India.
Irwin Declaration
- The declaration of Purna Swaraj was a significant milestone in India’s fight for freedom, and it came about due to the breakdown of negotiations between Indian leaders and the British over the question of dominion status. In 1929, Lord Irwin, the then Viceroy of India, made an announcement known as the Irwin Declaration, in which he expressed the British Government’s intention to grant dominion status to India in the future. Indian leaders welcomed this development as a step forward in their quest for self-rule. They wished to use this opportunity to work collaboratively with the British to formalize this status and bring about a peaceful power transfer.
- However, the Irwin Declaration triggered a backlash in England: politicians and the general public did not favor India obtaining dominion status. Under pressure, Lord Irwin, at a meeting with Mohammed Ali Jinnah, Jawaharlal Nehru, Mahatma Gandhi, and Tej Bahadur Sapru, told Indian leaders that he could not promise dominion status anytime soon.
- The Indian National Congress irked and now changed its stance: it gave up demands for dominion status. Instead, at its Lahore Session in 1929, it passed the ‘Purna Swaraj’ resolution that called for complete Independence. The resolution marked the beginning of a large-scale political movement against colonial rule.
The resolution for Poorna Swaraj (complete Independence)
On January 26, 1930, the historic “Poorna Swaraj” declaration was officially promulgated, beginning the final phase of India’s freedom struggle, where the goal was complete Independence from British rule.
Jawaharlal Nehru, the President of the 1929 session of the Indian National Congress held in Lahore, commenced the session by commemorating the countless martyrs who laid the foundations for a free India, on whose shoulders the freedom movement rested.
He boldly declared, “Independence for us means complete freedom from British domination and imperialism.” He advised his countrymen to discontinue all contact with the British Government and be self-reliant. In closing, Nehru challenged that great things are achieved only by going through great dangers and appealed to his countrymen to join the movement to free India from colonial rule. The resolution for Poorna Swaraj (complete Independence) was passed in this session.
Jurisprudence for Ensuring Good Governance in the Constitution
A constitution is the social contract by which the people in a country are governed. Unlike ordinary statutes, which are purely legal documents, it is a politico-legal document. A constitution is the fundamental law of the land, and therefore, it prevails over all the other laws in the legal hierarchy, including statutes made by the legislature. It is the “Grundnorm,” described by the eminent positivist jurist Kelsen. Read more about Grundnorm at https://plato.stanford.edu/entries/lawphil-theory/
The first purpose of the Constitution is to set up the organs of Government in a country and mention their functions and internal relations.
In modern constitutions, which are almost all written except in Britain and possibly a few other jurisdictions, all state authorities are accountable to the people: the legislators because they have to face elections, and the ministers because they are accountable to the legislature.
The constitutional authorities, such as the President and judges, who have fixed tenure of office, can also be removed by the legislature through the process of impeachment, and thus, they, too, are accountable to the people.
Thus, the first purpose of the written Constitution is to set up state organs that are accountable to the people. In other words, the main aim of a modern written constitution is to set up a democratic form of Government. However, that is not its only purpose; there are other purposes, too, and to understand those, we have to understand the values of the Constitution of India.
“Constitution is not a mere lawyers’ document; it is a vehicle of Life, and its spirit is always the spirit of Age.”
– Dr.BR Ambedkar
“Founding Principles: The Preamble as the Cornerstone of India’s Longest Constitution”
In light of this, the Constitution of India, the longest-written Constitution in the world, lays down the basic structure and the framework of India’s polity. It is built on the foundations of specific fundamental values embedded deeply in it by the makers of the Constitution to ensure that there should be fairness and justice for every citizen of India.
- The values enshrined in this founding document should be visible in the spirit of rededication in our day-to-day lives. These values are justice, liberty, equality, and fraternity, which the Preamble highlights. These are the principles that bind us as a nation.
- Thus, the civilizational values of humankind find their best way and expression in the aggregate wisdom of our Nation. The people of this vast and diverse country fought for a common objective in the struggle for freedom, which spurred them to maximum sacrifices for Mother India and its liberation from British imperialism.
- Thus, they came to appreciate the significance of justice, liberty, equality, and fraternity. This very spirit of core values helped the Indians win Independence. This is aptly mentioned in the Preamble, which continues to guide Indians in nation-building.
The Preamble clearly sets out the objectives the constituent assembly intended to achieve. The Supreme Court of India, while highlighting the meaning of the Preamble, has outlined that the Preamble is a key to unraveling the minds of the makers of the Constitution. - It also embodies the ideals and aspirations of the people of India. Thus, the Preamble becomes the basic structure of the Constitution.
‘We, the People of India’ and the Progressive Ideals Shaping the Constitution”
The very spirit of the words “We, the people of India,” clearly indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.
The term sovereign implies that India has independent authority and is not a dominion of any additional external power. In the country, the legislature has the power to make laws subject to certain limitations.
The makers of the Constitution of India seem to welcome the progressive ideas from abroad, such as the Vedic advice: आ नो भद्राः क्रतवो यन्तु विश्वत: “Let noble thoughts come to us from all directions.”
A long and profound thought process culminated in our Constitution. The Constitution of India has extracted most of its provisions from the constitutions of various other countries and the Government of India Act of 1935.
Architects of Justice in the Indian Constitution
Fundamental Rights
For the furtherance of values mentioned in the Preamble, Fundamental Rights are one of the essential features of the Indian Constitution. Part III of the Indian Constitution guarantees six fundamental rights to all Citizens.
A fundamental principle of the Constitution is that every individual is entitled to certain rights as a human being and that these rights are not dependent on the will of any majority or minority. The fundamental rights are meant to promote the idea of political democracy. They check arbitrariness and limit the tyranny of the executive and legislature while enacting and executing the laws.
The Directive Principles of State Policy
The Indian Constitution describes it as a ‘novel feature’, which has been enumerated in Part IV. The Directive Principles provide social and economic justice to the Indian people.
Fundamental duties
Along with the rights, Fundamental duties have also been added to the Indian Constitution by the 42nd Amendment Act of 1976 on the recommendation of the Swaran Singh Committee.
It lays down a list of ten Fundamental Duties for all citizens of India. Later, the 86th Constitutional Amendment Act of 2002 added one more fundamental duty.
While the rights are guaranteed to the people, the duties are obligations every citizen is expected to perform. This has been done to achieve the core values of the Constitution.
Parliamentary System of Government
India opted for the Parliamentary System of Government based on the principle of cooperation and coordination between the legislature and executive organs, whereas the presidential system is based on the doctrine of separation of powers between the two organs.
The Indian Constitution provides for the legislature, executive, and judicial organs of the Government, Central, and State. It establishes certain independent bodies like the Election Commission of India, the Comptroller and Auditor General of India, the Union Public Service Commission, Constitutional Bodies, etc. This has been envisaged in the Constitution as the bulwarks of the democratic system of Government.
Federal system of Government
It has been established under the Constitution, which contains all the usual features of a federation, such as two governments, division of powers, written Constitution, the supremacy of the Constitution, the rigidity of the Constitution, independent judiciary, and bicameralism.
The makers of the Constitution entrusted the judiciary with the responsibility to test the legislation on the Constitutional provisions’ touchstone and protect the citizens’ rights. India has a single integrated judicial system.
Judicial System
The Indian Constitution clearly establishes an Independent Judiciary by empowering the Indian judiciary to be free from the influence of the executive and the legislature.
The Supreme Court acts as the apex court of the judicial system, while the High Courts are at the state level. Further, there is a hierarchy of subordinate courts: district courts and the other lower courts.
The Supreme Court, being a federal court, acts as the highest court of appeal, the guarantor of the fundamental rights of the citizens, and the guardian of the Constitution.
To uphold the supremacy and majesty of law, the legal fraternity has set high standards of judicial propriety. The judiciary has to see that socioeconomic and political changes do not deter them from discharging their prime functions.
The judiciary has to keep pace with societal changes, but the principles of justice, equality, liberty, and fraternity remain unchanged.
Final Words: India’s Journey with Constitutional Ideals
The Constitution of India serves as a unifying factor, balancing individuals’ unique needs with the Nation’s greater good. It upholds important human values, principles, and spiritual norms while also recognizing and respecting the dignity of all Indians.
The Constitution of India is truly a remarkable document, inspired by the humanistic philosophy of the world’s oldest living civilization and new ideas that have emerged recently. The Nation will always remain grateful to Dr. B.R. Ambedkar, who headed the Constitution Drafting Committee and thus played a pivotal role in giving it its final shape.
The vision of the founding members, as enshrined in the Constitution, has been continuously guiding our Republic. India became a country of extraordinary accomplishments and resolve over the years, transforming itself from a largely illiterate and poor nation. This would not have been possible without the collective wisdom of the Constitution makers who guided the Indian nation.
While Dr.Ambedkar and others gave us a map and a moral framework, the task of walking that path carefully and vigilantly remains the responsibility of the Indian Citizens.
To the more considerable satisfaction, Indians have largely remained true to their expectations. But we still have many miles to go to achieve the ‘Sarvodaya’ ideal by Gandhi Ji to uplift all Indians.
While we are in a new development phase, we must be very sensitive to the meaning of diversity and exclusivity.
The need of the hour is to give practical meaning to the core values of the Constitution, i.e., Social and economic liberation and, of course, justice for all. In this age of equality, constitutional values carry more weight as far as women and underprivileged classes are concerned.
We need to create a healthy environment where all citizens can enjoy the fruits of prosperity without any fear and discrimination. Ensuring justice for all should be the aim behind the celebration of Republic Day. Let it not be merely a ritual; the people of India must experience its vibrancy and glow.
REFERENCES
- P.M. Bakshi, The Constitution of India, 5th ed. (Delhi: Universal Law Publishing, 2003).
- M.P.Jain, Indian Constitutional Law, 6th ed. (Nagpur, Lexis Nexis Buttersworths Wadhwa, 2011)
- Neera Chandhoke, The Concept of Civil Society (New Delhi: Oxford, 2003); Akhtar Majeed, ed., Nation and Minorities: India’s Plural Society and its Constituents (New Delhi: Kanishka Publishers, 2002);
- Zoya Hasan, Politics and the State in India (New Delhi: Sage, 2000); Partha Chatterjee, State, and Politics in India (New Delhi: Oxford, 1997)
- Pylee, Our Constitution, Government and Politics (New Delhi: Universal Law, 2002);
- Granville Austin, Working a Democratic Constitution: A History of the Indian Experience (New Delhi: Oxford University Press, 1999); and B. Shiva Rao, The Framing of India’s Constitution: Select Documents (New Delhi: Indian Institute of Public Administration, 1968).
- N. Gangulee, The Making of Federal India (London: James Nisbet and Co., 1936).
- D.D. Basu, Introduction to the Constitution of India, 3rd ed. (New Delhi: Wadhwa, 2002), pp. 6-7.
- Jawaharlal Nehru (India’s first prime minister), moving the Resolution on Aims and Objectives of the Constitution, December 13, 1946, Constituent Assembly.
- Keshavanada Bharati v State of Kerala, All-India Reporter (AIR) 1973 Supreme Court (SC) 1461.
- J.N. Pandey, Constitutional Law of India (Allahabad: Central Law Agency, 2003), 71.
- Justice, Markandey Katju, Judge, Supreme Court of India, Amicus Curiae Issue 87 Autumn 2011
- Mahajan, V. D. (2001). Jurisprudence and Legal Theory. India: Eastern Book Company.
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