Page 102 - Constitution

70 Years of Indian
Constitution
he Indian Constitution, a blending of features
taken from other countries’ constitutions, makes
Tit much more exemplary and ideal. Parliamentary
democracy with President as head of the Union and
Prime Minister as head of the executive, bicameral
legislature, with a federal system with clear cut division
and distribution of powers between states and the
union, provision of concurrent list for making legislation
on some important issues related to both centre and
states, fundamental rights to citizens, fundamental duties
and directive principles as the guiding principles and
emergency powers to the Union Government in case of
some crisis or maintaining national security and integrity
of the country are some of the prime examples.
A single Constitution with single citizenship for Union
and States, free and independent judiciary, right to vote
for all adults, adherence to secular and democratic values
for “We the people of India” indicates a welfare state with
provisions of equality for all in all domains as well as
freedom of speech, expression, residence, religion etc.
Such a fine combination of principles, features, flexibility,
and federalism with unitary features is unprecedented, it
is due to this reason that the Indian Constitution is still
evolving and changing according to the needs of time
and space.
The lack of rigidity, a healthy constitutional process and
division of powers between three organs of the Government
also facilitates the healthy debates, discussions and easy
transition. The judiciary as ombudsman provides more
strength to the common people and assures them about
102 70 Years of Indian Constitution
Years of Indian
Constitution
A single Constitution with single citizenship for
Union & States, free & independent judiciary,
right to vote for all adults, adherence to
secular and democratic values for “We the
people of India” indicates a welfare state with
provisions of equality for all in all domains
the safety of their rights and interests.
The role of Supreme Court as a guardian with powers to
cancel any legislation if it violates the spirit of constitution
not only establishes the supremacy of Constitution but
also gives more power to “We the people of India”.
The Supreme Court’s suggestion to the government of
India to get rid with the ‘Triple Talaq’ system way back
in 2017 due it being unconstitutional and refusal to hand
over the decision of the abrogation of Article 370 of the
Government of India to a larger bench of the Supreme
Court in the context of Kashmir not only reflect its socially
responsible and non-interfering role but also clarifies
the true spirit of the separation of power under a federal
system.
The 70-year journey of the Constitution has also been
full of challenges particularly the imposition of a country
wide emergency for twenty-one months period from 1975
to 1977 by Mrs. Indira Gandhi the then Prime Minister of
India which was against the spirit of democracy. Many
amendments to constitution like 38th which ensured that
no judicial review of emergency could take place, the 39th
Amendment clarified that the office of the Prime Minister
could not be challenged and 42nd amendment changed