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70 Years of Indian Years of Indian
Constitution
Constitution
ccording to a mythological history presented in the
Mahabharata, the original composition of a work on Parliament has from the outset been
active in the realm of social legislation.
Astatecraft was by Brahma himself. That work was
The abolition of untouchability must rank
continually abridged, with the final two editions created by
Brihaspati and Usanas (Sukra). It is interesting that in the among its most far-reaching reforms
2nd century CE, Asvaghosa, in his Buddhacarita (1. 46),
stated that Brhaspati and Sukra succeeded in producing Kerala judgment in 1973, the Supreme Court enunciated
works on kings (rajasastra) that their predecessors could the doctrine of basic structure of the Constitution; in its
not. endeavour to protect Parliament’s right to amend laws
The Constitution of India, which came into effect on 26th and the citizens’ right to defend their Fundamental Rights.
January 1950, may be regarded as our final treatise on The Court held that Parliament could alter any provision
governance. It marks a departure from all previous texts in of the Constitution to fulfil its socio-economic obligations
that its focus is not confined to institutions of governance so long as it did not change the basic structure of the
alone. It is intended to serve as an instrument to ensure Constitution.
political, social, and economic justice to all its citizens Over the decades, Constitutional amendments have
without any discrimination. increased opportunities for the socially, economically,
An important instrument for ensuring justice is the and educationally backward sections of society. The
Fundamental Rights which is incorporated in Part III of Scheduled Castes and Scheduled Tribes have been
the Constitution. They are to be enjoyed by all citizens guaranteed reservations in Parliament,educational
irrespective of caste, creed, or gender, and are enforceable institutions, and government services; the provisions were
by law. The Fundamental Rights have facilitated far subsequently extended to the Other Backward Castes
reaching reforms in Indian society; they have ensured (OBC’s). In 1992, the Supreme Court held that the total
equality while safeguarding individual liberty. number of reservations could not exceed fifty per cent, as
Parliament has from the outset been active in the realm that would violate the principle of equal access provided
of social legislation. The abolition of untouchability must in the Constitution. In 2019, by the 103rd amendment, the
rank among its most far-reaching reforms. The Indian economically weaker sections (EWS) were included in
judiciary has been effective in shielding citizens from the ambit of reservations.
social discrimination and defending them from arbitrary The Directive Principles, enunciated in Part IV of the
state intervention. Constitution, are intended to serve as guidelines in
In the landmark Kesavananda Bharati v the State of framing of laws. The Fundamental Duties of citizens
70 70 Years of Indian Constitution
