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