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70 Years of Indian Years of Indian
Constitution
Constitution
endorsement of the living document theme. Nevertheless, Indeed, a National Commission to Review
the word is part of the Preamble now. There is the the Working of the Constitution was set
Representation of the People Act, 1951, about registering up in 2000 and it submitted a report in two
a political party. Among other things, the party will have to volumes in 2002. But it didn’t strike at the
adhere to the “principles of socialism”. We can go round in core. It tinkered incrementally
circles trying to define socialism. The Excel Wear versus
Union of India judgement of 1978 is an example.
including legislative change and including changes to
The intention is not to discuss the Constitution, Article by
the Constitution, come about through citizens, indirectly
Article. So, there’s no point getting into the nitty gritty of
exercised in the kind of democracy we have. The Swachh
Article 39, in particular 39(c). “The State shall, in particular,
Bharat Revolution owes its primary success not to what
direct its policy towards securing…that the operation of the
the government has done, but to the involvement of
economic system does not result in the concentration of
citizens. The need for that collective action is spelt out
wealth and means of production to the common detriment.”
in the Constitution’s Preamble. “We the People of India
Or for that matter, Article 12: “In this part, unless the context
having solemnly resolved to constitute India….”. India
otherwise requires, the State includes the Government and
will become what citizens want it to become. All too often,
Parliament of India and the Government and the Legislature
citizens are concerned about exercising their fundamental
of each of the States and all local or other authorities within
rights and entitlements. But there are some fundamental
the territory of India or under the control of the Government
duties, not merely those directly set out in Article 51-A. A
of India.” Indeed, a National Commission to Review
more embracing fundamental duty is that of making India
the Working of the Constitution was set up in 2000 and
a better country to live in, a more prosperous and better
it submitted a report in two volumes in 2002. But it didn’t
governed one. No citizen can abdicate that responsibility.
strike at the core. It tinkered incrementally.
But there is another point too. Impetus for change,
Shri Bibek Debroy is a Padma Shri Awardee and a member of NIti Aayog.
He is a well known author.
64 70 Years of Indian Constitution