Law Week

Happy Constitution Day – ” WE, THE PEOPLE OF INDIA”

हम लाएं हैं तूफ़ान से किश्ती निकाल के l इस देश को रखना मेरे बच्चों संभाल के ll

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November 26, 2023.

India’s National Constitution Day
Celebrating the 74th Anniversary Of World’s Greatest Democracy : The Indian Constitution.

As a citizen you can’t do without it, while understanding it profoundly can make you the super-legal- human, unanimously. Invoke the great Nani Palkiwala within, draw inspiration from Mr Harish Salwe and buckle up your seat belts as we dive into this ocean of rights and liberty. On 26th November 1949, the Constituent Assembly of India roared the Preamble of the Constitution of India , which came into effect from 26th January 1950.

The writ provision( Article 32) empowers you to approach the apex court directly while a simple letter of yours can change the constitution precisely.

Even Right to silence (Under Article 21) is your Fundamental Right protecting you from self incrimination.

And yes! why can’t you be yet another MC Mehta and wipe the tears of mother earth around you deploying the PILs( Public Interest Litigation )hidden under Right To Constitutional Remedies.

What to choose what to ignore will be impossible as the Constitution is ornate with mesmerizing and bewildering provisions throughout the 448 articles embedded in the heart of this organic protector of mother liberty.

Navigating through the constitution without a proper map is like hovering through the Amazon forests without a safari guard. Understanding the format of the constitution makers is indispensable in this context . The Preamble, roaring aloud it’s idols is the head, 448 Articles enveloped in 25 Parts is the vast legal chest of procedural and substantive laws, while the 12 Schedules are the annexures attached to it’s super algorithm of justice. So together the preamble, articles and schedules join hands to form the Constitution Of India.

Zapping through the constitution in parts just like a mammoth search engine runs through the parted compartments of binary codes is the only way to understand it’s technical beauty and hear the oracle of the ineffable sacrifices of our revolutionaries . A flowchart hence is the only way to get a knack of the Constitution and here we elaborate this approach with an example quite reader friendly.

Part 1, Art (1-4), The Union And States.

Part 2, Art(5-11), Citizenship

Part 3, Art (12 -35) Fundamental Rights

Part 4, Art (36 – 51), (DPSP) Directive Principles of State Policy.

Part 5, Art(52 -151), The Union Executive.

And so on and so forth the example indicates. As we disintegrate this oceanic document part by part and master each part one at a time a good understanding of the enigma can become possible.

Besides this another vitality that is too covert is the insane love for jurisprudence and the historical beauty that aspired freedom struggles and caused revolutions after revolutions across the globe. This journey from Chanakya’s Akhand Bharat till Jefferson’s declaration of ” Right, Liberty and Pursuit Of Happiness” makes the constitutionality run into the blood while decoding the idols of Equality, Liberty, Fraternity outbreaking in The French Revolution to Abraham Lincoln describing democracy as ” By the people, for the people, of the people” makes the subject matter throb with a tremendous life energy.

The voyage of drafting committee ebbing with aspirations of such a freedom struggle, embedding the constitution with diamonds of so many great notions is a product of a global research of all the republic and democratic idols till that era. For example the DPSP, Part 4 ( Article 36 -51) was incubated from the Constitution Of Ireland, while The Preamble ( “We the people of india, having solemnly resolved”…) was inspired by the American Declaration of Rights, Emergency Provisions ( Article 352 – 360) were considered salient from the German Constitution while the Quasi Federal structure with a strong centre was incorporated from the Canadian Constitution.

All in all, this is a magnum opus of an unparalleled legal vista with humanity reincarnating as aftermath of unimaginable brutality of colonialism and the World Wars.

Like BRAMA, VISHNU, MAHESH( Creator, operator, destructor ) operates the Constitution with a seamless coordination of The Legislature, Executive and Judiciary. Like Electrons, Protons and Neutrons are enshrined the “Basic Structure fundamentals ” (defined in Keshavananda Bharti Case) like an atomic structure of the essential legal science. Rooted in the wisdom of tam, sat, raj gunas described as the tri faced nature of the Universe in The Bhagwat Gita this gigantic organic unity called The Indian Constitution embarks on harmonising a mammoth of cultural, linguistic, geographic featured tailored across such immense variety and variability. This constitution is ours and deploying it in a day to day life is a fundamental duty (Article 51(a) of every responsible citizen.

The constitution upgrades itself by the virtue of amendment procedure embedded under Article 368 and the precedents detailed under Article 141, with the Supreme Court as the court of record. Just like we upgrade our softwares and smartphones as per the need of this era, adapting with the legal dynamics with ultra modern technology and artificial intelligence ( the volksgeist ) is the need of the hour.

The topic is so magical, hypnotic and endless that it cant be covered in any essay or blog. A message nevertheless can be conveyed that the our Constitution has the power to guard the very fabric of our individuality but the same time it also contains the measures like the emergency provisions which can result in a home arrest in a blink, with nearly all the fundamental rights suspended. Therefore adopting a balanced approach between rights and duties ( Fundamental Duties, Art 51 (a), Fundamental Rights Art 12- 35, Part 4) is a responsibility of every socially responsible citizen.

For instance the blatant misuse of the freedom of speech and expression (Art 19) by using profanity by modern day social influencers is an example of the boon turning into a bane and efforts must be made to curtail such practices. Well, thia is just one example to invite critical legal thinking in all generic circumstances.

Rest, this constitution is ours, we must celebrate it’s 74th anniversary with pride and cherish the countless valiant, dauntless stories that blessed us with this priceless gift carrying the weight of generations past and the glorious future of those yet unborn.

With a sense of belonging,

Mack Khan and Aayush Tiwari.

On behalf of team

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