26 January A Golden Day In Indian democracy

-- Sana Mohammed, IIK Young Reporter

Monday, January 15, 2024

The day of 26th January 1950 is of great importance and a golden day in the Indian history. It was on this day that the Constitution of India came into force declaring India, our Bharat, to be a ‘Democratic Republic’. To commemorate the milestone achievement, we celebrate 26th January of each year as our Republic Day – a glorious day for every Indians and for the entire democratic ideology.

There is a solid reason for choosing 26th January for enforcing our Constitution. In fact, it was on 26th January 1930, the Indian National Congress declared ‘Poorna Swaraj’ i.e. complete independence to India, and thus the day was considered most appropriate for launching our Constitution.
After independence from the British rule on 15th August 1947, India had many complex challenges to tackle, such as, to bring all the princely states under the common Indian Union, establishing a fit for purpose governing document and a governance structure, setting-up defense wings, foreign affairs, home affairs, etc. Of all the challenges we had to face, the key one was to establish a governing document called ‘Constitution’ for running the country.

Importance of Constitution

Constitution is the fundamental governing document of any country that lays down the governing structure of that country, its legislative, executive, judiciary and legal frame work, and most importantly the outlook of the country itself and the rights and duties of all its citizens. In short, generally, the Constitution is a set of rules that everyone in that country is subject to and in accordance with the Country is governed.

Let us take few examples to understand the supremacy of the Constitution in India.

1) Any action or law made by the Central Government or Federal Governments is invalid if it conflicts with the provisions of the Constitution.

2) Any action taken by the executive wing of the Government is invalid if it conflicts with the rights guaranteed by the Constitution.

3) The key office bearers in India, such as the President, Prime Minister, other Ministers, Governors, Judges in the Supreme Court and High Courts, etc., assume their office by taking oath in the name of the Constitution to uphold its provisions and to act in accordance with its provisions.

Thus, the Constitution is the supreme law and the supreme document in India, and everyone, regardless of office they bear, are subject to the provisions of the Constitution.

Key Milestones in the Formation of Indian Constitution
As a part of the preparation for granting independence to India, in 1946, British set up a Provisional Assembly that ultimately led to the formation of a Constituent Assembly. The key objective of the Constituent Assembly was to form a Constitution for India. The Drafting Committee for the Constitution was headed by Dr. B.R Ambedkar as its Chairman. The Assembly met for the first time in December 1946, and in three year times by November 1949, a draft Constitution for India was approved which was enforced on the 26th January 1950, which we regard proudly as our Republic Day.

Salient Features of Indian Constitution

Indian Constitution is regarded as the lengthiest and most detailed written constitution in the world. At the time of its launching, it had 395 Articles in 22 Parts and 8 Schedules. Currently, through various amendments, it has 448 Articles in 25 Parts and 12 Schedules.

Indian Constitution is drafted basing its principles from various proven sources. For instance, the ‘Fundamental Rights’ are similar to the American Constitution, Cabinet form of government from British Constitution, Directive Principles from Irish Constitution, etc.

Amending process for certain key provisions in the Indian Constitution, such as fundamental rights is a very complex process, while amending certain other provisions are kept simple. Thus, because of this unique feature where rigidness is blended with flexibility, Indian Constitution is regarded as ‘Rigid’ and ‘Flexible’ at the same time.

Certain Key Principles in our Constitution

1) India, the Bharat, is formally declared as Sovereign, Socialist, Secular and Democratic Republic through the Constitution.

2) The Constitution established a federal governance system where the powers are divided between Central Government and State/Provincial Governments. The Central Government is vested with powers such as foreign policy, armed forces and defense, citizenship, currency, war and peace, etc., while State Governments are vested with powers such as management and administration of regional police forces, healthcare, etc. In fact, the Scholars are of the view that since our Constitution reflects the features of both federal and unitary systems, it is ideal to be called as ‘Quasi Federal System’, i.e., ‘Partly Federal System’.

3) A democratic form of selection of both Central and State Governments and important office bearers are clearly identified in our Constitution reflecting the principle of ‘Government of the People, By the People, For the People’.

4) The heart of our Constitution, which is the seat of our democracy, is the section that addresses the Fundamental Rights. This section provides the rights guaranteed to the citizens of India. The six rights are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights and Right to Constitutional Remedies.

5) Our fundamental responsibilities in the form of duties to our nation are clearly laid down within our Constitution. Some of the key fundamental duties are to abide by the Constitution; protect sovereignty & integrity of our Nation; defend our Nation; develop spirit of common brotherhood; preserve composite culture; preserve natural environment; safeguard public property & avoid violence; strive towards excellence in all spheres of life, etc.

6) Essentials of an ideal democracy is a clear division of power between Executive, Legislative and Judiciary, wherein the Judiciary will act as the watchdog over the activities of other two wings. Indian Constitution clearly identifies such division in power and established a fit for purpose framework for democracy to flourish.

As an Indian, we should be proud to be a part of a well-organized democracy established through a detailed and highly focused Constitution. Ever since its implementation, 26th January of each year is a day much closer to our heart and a day we that we cherish.