A country or state's government is governed by a collection of fundamental laws known as the constitution. Every state has its own constitution, just like every game has its own set of regulations. Since every state operates by a set of laws and principles, every state is required to have a constitution. They are spelled down in detail in a document referred to as "THE CONSTITUTION", which acts as the back bone of a country and is also known as “THE LAW OF THE LAND”. India is a union of states, often known as “Bharat”. Having solemnly decided to establish India as a SOVEREIGN, SOCIALIST, SECULAR & DEMOCRATIC republic with a parliamentary form of government, WE, THE PEOPLE OF INDIA . A great piece of writing, the Indian Constitution represents justice, equality, and liberty in the greatest democracy in the world. This article provides a fascinating trip through India's quest for a just society by delving into the historical context, guiding ideas, and development of justice under this constitution.
It is necessary to review the historical circumstances that led to the Indian Constitution's emergence in order to understand its principles of fairness. Discrimination, exploitation, and the repression of fundamental rights are all remnants of India's turbulent colonial past under British control. Famous figures like Mahatma Gandhi and Jawaharlal Nehru led a ferocious fight for independence that was also a fight for justice. The huge task of drafting a constitution that would lead the country down the path of justice, equality, and liberty was given to the Constituent Assembly, which was made up of visionaries from all backgrounds and philosophies. This historical voyage will never forget Dr. B.R. Ambedkar's crucial leadership as the head of the Drafting Committee and his unwavering commitment to social justice.
After India gained independence from the British rule in the year 1947, the Constituent Assembly was tasked with the enormous task of creating a constitution that would eliminate discrimination and construct a just and equitable country, tracing back to India's colonial past where inequities flourished under British control. The importance of Dr. B.R. Ambedkar in developing the constitution's justice-centered ideals is highlighted.
The commitment to justice embodied in the Indian Constitution spans social, economic, and political spheres. Economic justice argues for the equitable distribution of resources, whereas social justice seeks to remedy historical disparities by making allowances for neglected communities . Universal suffrage and fundamental rights are expanded by political justice, ensuring freedom of expression and association. The Indian Constitution, which was approved by the constituent assembly on November 26, 1949, and took effect on January 26, 1950, is the basis for governing the Republic. The Indian constitution is the largest written by a sovereign state in the world. There were 22 segments, 395 articles, and 8 schedules. The 470 articles in the modified constitution, which is divided into 25 parts with 12 schedules and 5 appendices, have undergone 105 amendments till now.
The story of how justice has changed inside the Indian legal system is one of significant rulings and forward-thinking reforms. Notably, the Maneka Gandhi case broadened the right to life and personal liberty while highlighting the need of due process, and Kesavananda Bharati established the unchangeable fundamental framework of the constitution.
However, issues like the backlog of cases, socioeconomic inequalities, and tensions based on caste and community still exist. India must improve its judicial system, carry out economic reforms, and promote social awareness through public programs and education if it is to get over these obstacles. The Indian Constitution, which continues to show the way toward a more just society, is a symbol of India's unshakable dedication to justice and an example to both its people and the rest of the world.
A fundamental principle of the Constitution, social justice aims to make up for previous wrongs, especially caste-based inequality. The Constitution's Articles 15 and 17 categorically forbid discrimination on the basis of caste, religion, race, sex, or place of birth. The state is mandated by Article 46 to advance the economic and educational rights of Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
In the preamble of the Indian Constitution, the idea of justice is firmly established. The Indian Constitution's drafters made sure that justice was included because they understood the importance of establishing justice in a nation. The principle of fairness enshrined in the preamble of the Indian constitution is also reflected in Articles 14, 15, 16, and 17 . All of these articles are included in the third section of the constitution, which guarantees each citizen certain fundamental rights. Article 39A of the Indian constitution contains provisions relating to "Equal Justice and Free Legal Aid." which guarantee each individual the right to get free legal assistance from court officials. Free legal assistance is available to everyone. It is the responsibility of the State to ensure that the functioning of the legal system is founded on justice, to promote equality of opportunity, and to offer free legal assistance to ensure that no citizen is denied the chance to pursue justice because of his or her financial situation or other impairments.
Economic fairness is given a high priority by the Constitution. While Article 43 emphasizes the significance of guaranteeing a living wage and improving the working conditions of laborers, Article 39 requires the state to maintain an equitable distribution of resources and opportunities. The goal of Article 38 is to establish a fair and compassionate economic system that benefits the disadvantaged. A democratic society's foundational principle is political fairness. According to Article 326 of the Constitution, every adult is guaranteed the right to vote. Additionally, it protects the foundation of democracy by guaranteeing the freedom of speech and expression (Article 19) as well as the rights to form groups and unions (Article 19).
The division of powers is another crucial tenet of justice in the Indian Constitution. Legislative, executive, and judicial branches of government are established by the Constitution. Each branch is independent of the others and is in charge of its own duties. In order to prevent any one branch of government from becoming overly dominant, this system of checks and balances was created. The independence of the court is likewise guaranteed by the Indian Constitution. The President appoints the judges of the Supreme Court and the High Courts, but they are impeachment is the only way to remove them from their positions. This guarantees that the judiciary can preserve the rule of law without being influenced by politics. Since it entered into force, the Indian Constitution has undergone numerous amendments.
These changes have been made in order to address new issues and take into account the evolving needs of the Indian population. However, the Constitution's fundamental framework is still in place, and it continues to serve as the cornerstone of Indian justice. The Indian concept of justice has been significantly shaped by the court, which serves as the protector of the Constitution. The scope of justice within the Indian legal system has been broadened by a number of important rulings.
In Maneka Gandhi v. Union of India (1978): The right to life was expanded - The right to life and personal liberty under Article 21 was enhanced by this historic judgment, which ruled that it also needed to include the right to a fair trial. This ruling created a precedent for jurisprudence that is justice-oriented and considerably improved the protection of individual rights in India.
Kesavananda Bharati v. State of Kerala (1973): Safeguarding the Fundamental Elements of the Constitution - The Supreme Court ruled in a landmark decision that the Constitution's essential framework could not be changed and that Parliament's ability to amend it was limited. This ruling reaffirmed the notion that the Indian Constitution is predicated on certain unalterable ideals, among them justice.
One of the main issues is the backlog of cases, which causes justice to be delayed. The judge must deal with an excessive volume of cases, which leads to drawn-out legal disputes and public annoyance. Socio-economic gaps continue despite constitutional requirements for economic justice. Quite a few people still don't have access to basic services like clean water, education, and healthcare.
Additionally, caste- and communal-based tensions exist in India. There are still instances of prejudice, violence, and discrimination, showing that the fight for social justice is far from over . India must put its attention on a number of crucial areas in order to address these issues and further solidify the foundations of justice:
1. Stabilizing the Judiciary: Measures should be taken to stabilize the judicial system, such as the recruitment of additional judges, the implementation of case management systems that are technology-driven, and the use of alternate dispute resolution procedures to minimize the backlog of cases.
2. Economic Reforms: To make sure that everyone in society benefits from economic progress, the government should keep enacting economic reforms that support an equitable allocation of resources and opportunities.
3. Social Awareness and Education: Promoting social awareness and education is important in the fight against prejudice and discrimination. Public education and awareness campaigns can influence attitudes and promote an inclusive and just society.
To conclude, the Indian Constitution serves as a beacon for countries all over the world and is a live example of India's dedication to justice, equality, and liberty. It has established the framework for a decent and equal society, having sprung from the furnace of colonial tyranny and the zeal of independence. The Constitution's timeless ideals continue to motivate India to work toward a future where justice is not simply an ideal but a daily reality for every person, despite the ongoing challenges. As India develops, its Constitution continues to stand as a testament to hope, tenacity, and an unflinching commitment to the pursuit of justice in all of its manifestations.
The Indian Constitution has demonstrated its tenacity throughout history, from the fight against colonial injustice to the constitutional triangle of social, economic, and political justice. The Constitution's dedication to justice has been strengthened by landmark decisions including Maneka Gandhi v. Union of India, Kesavananda Bharati v. State of Kerala, and Olga Tellis v. Bombay Municipal Corporation. These decisions have broadened the scope of the law, defending people's rights and upholding the fundamental principles of the Constitution. India must take strength from these pillars as it faces modern problems, trying to improve the judiciary, pursue economic reforms, and promote social awareness. With its unshakable values and forward-thinking founders, the Indian Constitution serves as a reminder that seeking justice is a serious obligation that transcends national boundaries and propels countries towards a better future.