OpinionLegal View

Constitution- the supreme in India

70 years ago, India that is Bharat got it’s constitution. Constitution of India is the biggest handwritten Constitution in the entire world officially written in Hindi and English. Often regarded as the ‘bag of borrowings’, Constitution of India has adopted various features from different countries including USSR, USA, France, Japan, Germany and Ireland. Original version of Constitution was handwritten by Prem Behari Narain Raizada in a flowing italic style with beautiful calligraphy. Each page was than decorated by the artists from Shantiniketan. The original versions are kept in special helium-filled cases in the Library of the Parliament of India. It took 2 years, 11 months and 18 days for the drafting committee to come up with the constitution which then went on to have over 2000 amendments before it was finalized. President of the Constituent assembly was Dr Rajendra Prasad who later became the first president of India whereas the Chairman of drafting committee was Dr B. R. Ambedkar who is best known as the father of Indian Constitution.

There had been instances where the Constitution of India has been undermined through the power conferred by constitution itself. One was the emergency brought in by Indira Gandhi when the fundamental rights guaranteed to every Indian was snatched by the virtue of internal security. Indira Gandhi during the emergency has also brought 42nd amendment, informally referred to as mini-constitution where various provisions of the constitution where changed. Later Supreme Court made it clear through various judgements that the constitution can be amended as per the requirement however the basic structure of the constitution can’t be changed.

Constitution of India is deemed to be one of the best constitution in the world since it has passed the test of time as there has been merely 104 amendments till January 2020 which shows that irrespective of whoever in power, respect for constitution has been the foremost. Constitution of India makes a clear distinction among Executive, Legislative and Judiciary and restricts each other from interfering. However, Supreme Court of India has been made guardian of the constitution and has been given power in such a way so to protect the interests of common people.

During past 70 years, India as a nation could be sustained even after facing the bloody partition on the name of religion because of a very good democratic system came through the existence of Constitution. Every year, 26th November is celebrated as the Law Day to mark the importance of this day when a constitution was drafted for the people of India granting fundamental rights including right to equality before law, freedom of speech and expression and Right to life and personal liberty. Right to education was later added while the right to property has been removed as a fundamental right.

India is the world’s most populated nation with a democratic system. India currently is showing path of democracy to the entire world where the values shredded in the constitution is cherished by Billions. Moto of the constitution of India is सत्यमेव जयते which means Truth alone triumphs.

Author: Adv. Shashank Shekhar Jha
Legal Editor, GoaChronicle.com

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