Page 17 - Constitution
P. 17
70 Years of Indian
Constitution
The idea behind recognizing specific
ndia is the largest democracy in the world: a union of 30
states and 7 union territories. As a country of 1.37 billion categories of fundamental rights finds
its foundation in the principle that every
Ipeople, we have made a remarkable accomplishment, all
of us, living together with the same sets of rights and duties individual is entitled to enjoy certain
rights as a human being…
whilst belonging to different cultures, speaking different
languages, practicing different religions, customs, habits,
way of living etc. The role that our Constitution (the longest recognition of identity with dignity and privacy of human
Constitution of the world, comprising of 395 Articles, 22 beings constitute the cardinal four corners of our
parts and 12 schedules) has played in maintaining the monumental Constitution forming the concrete substratum
true essence of our unity in diversity cannot be denied of our fundamental rights…”
and this has been imbibed in our systems ensuring the -Navtej Singh Johar & Ors. v. Union of India [(2018)
stability of our democracy. 10 SCC 1]
The comprehensiveness of our Constitution is reflected The Concept of Fundamental Rights as enshrined in
from its contents, from proclaiming India as a Sovereign, our Constitution (Articles 12-32) has been inspired from
Socialist, Secular, Democratic Republic to providing the England’s Bill Rights (1689), the United States Bill of Rights
form of Governments at Center and at States making (approved on 17 September 1787, final ratification on 15
India, a federal state. The uniqueness of our Constitution is December 1791) and France's Declaration of the Rights
elucidated by chapters on fundamental rights, fundamental of Man (created during the revolution of 1789, and ratified
duties and directive principles of State Policy. The system on 26 August 1789). The idea behind recognizing specific
of checks and balances, so deeply ingrained in the fabric categories of fundamental rights finds its foundation in the
of our Constitution, finding its manifestation in the form principle that every individual is entitled to enjoy certain
of “judicial review” to check legislative and administrative rights as a human being and the enjoyment of such
action, is what makes our democracy successful. rights does not depend upon the will of any majority or
In my opinion, the most outstanding features of our minority. As a matter of fact, our Constitution empowers
Constitution, are the chapters on Fundamental Rights any individual feeling aggrieved with respect to the fact
(Part-III) and Fundamental Duties (Part IV-A) and for that his fundamental right has been violated, to directly
a country, as young as India, the extent of judicial approach the Hon’ble Supreme Court under Article
jurisprudence that has evolved over it, is extraordinary. 32. The enforceability of these rights can be claimed
Fundamental Rights against the State (as defined under Article 12) and its
instrumentalities. However, there are some fundamental
“The overarching ideals of individual autonomy and rights that can even be claimed against private actors and
liberty, equality for all sans discrimination of any kind, this shows the foresight of the draftsmen and further the
70 Years of Indian Constitution 17
