Introduction Constitution Day Of INDIA
The 26th of November is celebrated as Constitution Day in India, also known as ‘Samvidhan Divas’. This day marks the anniversary of the adoption of the Indian Constitution in 1949. The Constitution, which came into effect on January 26, 1950, lays down the framework of the governance of the country and defines the rights and duties of its citizens. It is a day to remember and honor the vision and principles of the framers of the Constitution, who were instrumental in shaping the country’s democratic identity.
Background
India gained independence from British colonial rule on August 15, 1947, but the country did not have a written constitution. A drafting committee, under the chairmanship of Dr. B. R. Ambedkar, was set up to draft the Constitution. The drafting process was a long and arduous one, spanning over 2 years, with several rounds of discussions and debates. The Constitution was finally adopted on November 26, 1949, by the Constituent Assembly.
Importance of the Constitution
The Constitution of India is the supreme law of the land and lays down the framework of governance in the country. It defines the powers of the different branches of government and lays down the rights and duties of citizens. The Constitution guarantees equality before the law, freedom of speech and expression, the right to life and liberty, and the right to worship. It also lays down the principles of secularism and federalism, ensuring that the country remains united while providing autonomy to the states.
The Constitution has played a crucial role in shaping India’s democratic identity. It has ensured that the country remains a democracy, with regular elections and a system of checks and balances. The Constitution has also provided a framework for the protection of the rights of minorities and marginalized groups, and has helped to ensure that the country remains a diverse and inclusive society.
Celebrations
Constitution Day is celebrated across the country, with various events and activities organized to mark the occasion. Schools and colleges hold debates and quiz competitions, and seminars and workshops are organized to discuss the relevance of the Constitution in today’s society. The President and the Prime Minister of India also issue messages on the occasion, emphasizing the importance of the Constitution and the need to uphold its principles.
The role of the judiciary in protecting the Constitution
The Constitution of India is the supreme law of the land and the judiciary plays a crucial role in protecting and upholding its principles. The judiciary acts as the guardian of the Constitution, interpreting its provisions and ensuring that they are implemented. The judiciary also plays an important role in protecting the rights of citizens and in ensuring that the other branches of government do not exceed their powers.
The judiciary has the power to strike down laws that are unconstitutional, and to declare actions of the executive or the legislature as unconstitutional. This power is known as judicial review. This power is an essential safeguard against the abuse of power and helps to ensure that the government remains accountable to the people.
One of the most important cases that demonstrated the role of the judiciary in protecting the Constitution was the Kesavananda Bharati case of 1973. In this case, the Supreme Court established the principle of basic structure, which holds that certain essential features of the Constitution cannot be amended by the parliament. This principle has been used to strike down several amendments that were deemed to be violative of the basic structure of the Constitution.
Another important case that highlighted the role of the judiciary in protecting the Constitution was the Right to Privacy case of 2017. In this case, the Supreme Court declared that the right to privacy is an intrinsic part of the right to life and liberty, which is guaranteed by the Constitution. This landmark judgment has had far-reaching implications for the protection of individual rights and has been cited in several other cases.
It is clear that the judiciary plays a vital role in protecting the Constitution and upholding its principles. The judiciary acts as a check on the other branches of government, ensuring that they do not exceed their powers and that they remain accountable to the people. It is important that the judiciary continues to be independent and impartial, so that it can continue to play this crucial role in protecting the Constitution.
Conclusion
Constitution Day is an important day in India’s calendar, as it marks the anniversary of the adoption of the Constitution, which has played a crucial role in shaping the country’s democratic identity. The Constitution lays down the framework of governance and defines the rights and duties of citizens, ensuring that the country remains a democracy with a system of checks and balances. The judiciary plays an important role in protecting and upholding the principles of the Constitution and it is crucial that the judiciary continues to be independent and impartial to ensure that it can continue to play this role. Celebrating Constitution Day is an opportunity to remember and honor the vision and principles of the framers of the Constitution and to reaffirm our commitment to upholding its principles.
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