26th November- National Constitution Day
Before November 26th, 1949 India might be a free country, India’s dream of Swaraj had come true, but it was not completely free because the British legal system was still prevailing. It was used to govern our country and it was on 26th November 1949 when the drafting of the Indian Constitution was completed and it was adopted. In a country with so much diversity and culture which believed in a democracy the need to build a structure that will govern everyone was supposed to be built. This day was first marked by Prime Minister Narendra Modi in the year 2015 to the citizens aware of the Constitution and its importance. This day was also a way to pay tribute to the ‘Father of the Indian Constitution’ for the coming generations to understand how much of a tedious task drafting the Constitution was.
Many people in the country, unfortunately, do not know about the team that drafted the book which is known as the Indian Constitution to us today. The committee had Rajendra Prasad as the president and H.C Mukherjee as the vice-chairman, and Dr. B.R Ambedkar as the Chairman of the Drafting Committee on 29th August 1947. The Constitution that we see and use today in all its entirety had its base built by respected Dr. Ambedkar, it was not just that he drafted the constitution or headed the Drafting committee but he also intervened in many debates and discussions in the constituent assembly that rose questions about the Constitution.
On 25th November 1949, a day before the Constitution was adopted, Ambedkar vehemently argued that India must strive to be a social democracy and not merely a political democracy. Social democracy, he noted ‘is a way of life which recognizes liberty, equality, and fraternity as the principles of life’ To understand any country one looks at its laws, in India the Constitution is the basis to form any Act, by law, or Code to govern the nation. It was drafted in such a manner that it could help interpretations and still enforce equality in every aspect of the law. The Indian Constitution has about 24 Articles dedicated to defining equality in every way that was possible for one.
Article 12 to Article 35, the entire Part III of the Indian Constitution lay down the Fundamental Rights of one in this country and that they cannot be derived from any person based on their gender, caste, creed, race, or sex. This is the reason that everyone feels empowered and protected under the rule of law. It has the right to equality, right to freedom, right against exploitation, right to freedom of religion, right to constitutional remedies, and right to culture and education. The Constitution states that there shall be a Parliamentary form of government that will have a federal sort of structure with certain unitary features. The President shall be the constitutional head of the Executive and its Unions. Article 79 of the Constitution of India says that the council shall consist of the President and two Houses, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). And as per Article 74(1) of the Constitution, there will be a Council of Ministers with the Prime Minister who shall help the President in his duties and provide him with pieces of advice who shall govern with the advice in consideration. The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head.
Dr. Ambedkarwas a visionary man who ensured the rights of everyone through the constitution. In the Constitution in Article 14 states equality before law, The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. Article 16 (2) of the Indian Constitution defines No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State. This guides the government and citizens alike that discrimination because of one’s caste or gender will not be tolerated because it is the fundamental right of every human to be treated equally. Besides he also added in Article 16 (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. This was added to safeguard the seats or reserve the opportunities which have been denied to the Schedule caste, Scheduled tribes, and women in an unjust manner for years. This was a wrath over the suppression of people being done over centuries to maintain the social hierarchy.
Another characteristic of the Indian Constitution is that Dr. Ambedkar added Article 15(4) and Article 15 (5), he also included Article 243 D, 233 T, 330, 332, and 335 to ensure the right of equality is always prevalent. He kept the clauses of the Constitution flexible so that they can be amended according to the need that arises with the changing times, which is another reason why this visionary man is well respected and celebrated as the Father of our Constitution. He not only argued for the rights of SC/ST in the country but also fought extensively for the right of women in this country which bought them their social rights and economic independence. This did not come without analyzing the nation and their need.
Every draft of the constitution went under scrutiny and criticism, there were debates held questioning every point that was mentioned. The draft went through a lot of discussions as to how and why the sections or laws were added to them by various intellectuals and patriots. It also allowed the public to participate and make comments which were further taken into consideration while making the second draft, the second draft was released on October 1948 which underwent the same process. Finally, the Preamble was adopted on 26th November 1949 which led to the adoption of the Indian constitution. The Indian Constitution was made with the idea of providing justice and opportunities to the most remote and last person that lived on the Indian land. Even though it might not have been successful in the same but we have not filed either.
This day is celebrated to remind everyone of the dream that DR. Ambedkar saw and the vision he had for India, where every brother is respected and treated equally. The time when the innocent does not suffer under the very law that was made to protect them, and slowly but consistently we are heading to the same.
Riya Pardeshi (riya.pardeshi@ssfoffice.in)
Reference:
1) http://www.drambedkar.co.in/books/constitution-of-india/
2) https://blog.ipleaders.in/making-constitution-india-detailed-analysis/
3) https://indiankanoon.org/