Page 40 - Constitution
P. 40

70       Years of Indian                                                                                                                                             Years of Indian

                                                                                                                                                                                                                                    Constitution
                                                                        Constitution

                                                                                         We should be proud of the fact that,
                      hose responsible  for drafting of the Constitution
                      were stalwarts and eminent jurists.  The Chairman                  unlike in some neighboring countries, in
               Tof the Drafting Committee was none other than Dr                         India democracy has survived without

               BR Ambedkar generally recognized as the Architect of                      giving scope for dictatorship because of a
               the Constitution.
                    Another renowned  legal  luminary  who played                        strong & independent judiciary
               dominant role in drafting the Constitution and moulding it
                                                                                     without giving scope for dictatorship because of a strong
               till it was approved by the Constituent Assembly was Sir
                                                                                     and independent judiciary headed by the Supreme Court
               Benegal Narsinga Rau (B.N.Rau) hailing from Karnataka
                                                                                     of India.  The important role played by the judiciary for
               who was the Adviser to the Constituent Assembly, who
                                                                                     survival of democracy and rule of law in the country
               was an ICS Officer and had served as a Judge of the
                                                                                     cannot be over emphasized.
               Calcutta High Court earlier.
                                                                                         The Supreme Court of India is considered to be the
                   He had thoroughly  studied various  constitutions of
                                                                                     most powerful amongst all the other Apex Courts in the
               the World and tendered valuable advice.  Dr.Rajendra
                                                                                     World.  It has power of judicial review of any order passed
               Prasad  who  was  the  President  of  the  Constituent
                                                                                     or decision taken by any court or tribunal in the country.
               Assembly eulogizing his services stated as follows:
                                                                                     It has original jurisdiction to decide suits in respect of any
                  “(Mr.Rau) worked honorarily all the time that he was
                                                                                     dispute that may arise between the States and it has the
               there assisting the Assembly not only with his knowledge
                                                                                     responsibility  to  enforce  rule of  law and to  protect  the
               and erudition  but  also enabled the  other members to
                                                                                     constitutional right of the citizens.
               perform their duties with thoroughness and intelligence
                                                                                         The provision  to approach  the Supreme  Court
               by supplying them with materials  on which  they could
                                                                                     for  enforcement  of  any fundamental rights itself  is  a
               work”.   A high-water mark in his illustrious career came in
                                                                                     fundamental  right conferred under Article 32 of the
               1951 when he was elected as a Judge of the International
                                                                                     Constitution. By and large there is no activity in the country
               Court of Justice, position he held till 1953 when he
                                                                                     which is outside the scope of authority of the Supreme
               passed away.  The Constitution which we the people of
                                                                                     Court and in fact, it is the guardian of the Constitution.
               India gave to ourselves envisages a democratic form of
                                                                                         Since  we  are celebrating  70th Anniversary  of the
               Government adopting more or less British Parliamentary
                                                                                     adoption of the Indian Constitution, it is appropriate to
               system.
                                                                                     consider  and evaluate  the working  of the Constitution
               We should  be proud of the fact that, unlike  in some
                                                                                     particularly with reference to enforcing and protecting the
               neighboring countries, in India democracy has survived
                                                                                     Fundamental  Rights enshrined  in the Constitution and







               40   70 Years of Indian Constitution
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