Constitution of the nation is the supreme authority, took 2 years 11 month 18 days to complete on 26th November 1949, but was enforced on 26th January 1950. Republic of India has seen shift of status and situations and some changes have a minor but some changes have the major impact- but this change has resulted in missing of something which resided within the people, and somewhere we are adding something which leads to mixing and connecting between of the people, it means amendments has resulted in development of ideas but those ideas failed to absolute unanimity but leading to a bifurcation and conflicting decisions.
The adding of 10% reservation resulted in favoritism and hence it’s all depends upon the politics, till where the bad politics interfere in law making goes on the objects of the country, the development of the country, and differences between the people will continue. Eg 10% reservation policy. If this bad politics were never happened then the situation might have been different and the gap between the people could never have increased. Even though since independence, the country has not fulfilled the objectives and thoughts of Bhim Rao Ambedkar, his thought were positive and but the dirty politics have made is bad, and somewhere it may be hearting the Ambedkar’s feelings.
Constitution making is the ancient memories and ancient achievement resulting into connecting between the states, peoples, religion, culture, voice, race and give a sense of united India. Constitution made by Ambedkar and parliamentarians seems to disappear. Bad Politics and casteism has resulted in a terror form, consequence into reduction of the dignity of the nation and its state. The nations is getting weaker, but the opposite has been thought for the future after 70 years of the constitution making. But, we are lagging behind by years- till now politics is still by heated temper is dividing the people, discriminating the people, widening the gap between the individuals by caste race religion.
If we obey our rights and duties truthfully that is article 14,15,19,21,21A,26,15(1)A, whose core contains that the Constitution of India provides for equality before the law or equal protection within the territory of India. The State shall not deny to any person equality before the law or equal protection of law within the territory of India and we live in the era of Indian constitutionalism which says-Constitutionalism is a political philosophy based on the idea that government authority is derived from the people and should be limited by a constitution that clearly expresses what the government can and can’t do. It’s the idea and concept that the state is not at liberty to do anything it wants, but is bound by laws limited its authority. Constitutionalism has a dynamic history among the English people, and that tradition has been passed on to other nations, most notably to us as Americans. Let’s dig deeper and learn more about constitutionalism.
Preamble explains the objectives of constitution in two ways, one about the composition of bodies of governance and other about the objectives sought to be achieved in independent India. Objectives explained in preamble as follows:-
• To constitute India into Sovereign, Socialist, Secular, Democratic Republic (words Socialist and Secular inserted by 42nd constitutional Amendment,1976) Other provisions of preamble that are;-
• Justice – Social, Economic, and Political;
• Liberty – of thought, expression, belief, faith and worship;
• Equality of status and opportunity;
• Fraternity assuring the dignity of the individual and the unity and integrity of the nation (word unity inserted by 42nd constitutional Amendment,1976) may be invoked to determine the ambit of Fundamental rights and Directive principles of state policy.
Preamble may be a point to check the presence of constitutionalism. Our Constitution enacted on 26th November,1949, since then, a question always a matter of great concern that whether preamble is a part of Indian constitution or not. However, in 1960, In Re Beru Beri case, it was held that preamble is not a part of constitution but after a long time, In case of Keshavanand Bharti v State of Kerala, AIR 1973 SC 1461
When India is said to be a secular state, it does not mean that we reject the reality of an unseen spirit or the relevance of religion to life or that we exalt irreligion. It does not mean that secularism itself becomes a positive religion or that the state assumes divine prerogatives…..we hold that not one religion should be given preferential status…This view of religious impartiality, or comprehension and forbearance, has a prophetic role to play within the National and International life.
Secularism, which says no state religion, means every citizen has a right to profess religion of their own choice, which promotes automatically liberty of faith and worship.
The provision is “Rule of Law”, on its basis spirit of constitutionalism can be present in a state. This doctrine is given by dicey (a well known constitutionalist of England) in 1865 wrote a book titled
“An Introduction to the law of the constitution” in which the term “Rule of Law” was given a comprehensive amplitude. In reality, it is a doctrine of England where there is no written constitution, therefore placing it as a higher law there to check the validity of any law made by legislature. This doctrine shows that whatever law is present in our state, must be ruled over everyone, meaning thereby the law is supreme in all respect and in every sphere. It clarifies that “No one above the law”. Now a question arises, what the law is? The answer of this quarry resides in two principles that are-
• Due Process
• Procedure established by law.
Due Process is a famous doctrine of USA, and its ambit is not defined comprehensively, but its sphere is to be explained by judges as per the facts and circumstances of the case. It represents judicial supremacy and also there is a danger for judicial autocracy because the court if not self restrained may go beyond the limits set by the constitution.
Hence we may conclude that parliament has failed to achieve the objectives of the constitution made by our fore fathers who foresighted the better India a developed India but it’s the greedy people behind those political power who are taking the benefits of the innocent and poor which are helpless. It’s the people’s money and people’s emotions they are playing with.
