WORKING OF CONSTITUTION
WHAT IS CONSTITUTION..?
A body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed.
OBJECTIVE
To establish a
- Secular
- Democratic
- Republic Nation
Constitution is seen as a means through which a progressive developed society based on social justice and equality will be established.
BASIC INFORMATION
Constitution came into force on 26th Jan 1950.
It focuses on three areas
- Democracy
- Social Justice
- Judicial system
Democracy does not mearly imply a representative structure.
The essence of representative system is to integrate the principles of democracy in actual practice.
The Indian people have direct representation in Parliament, state legislature and local government.
RIGHT TO VOTE
The provision made by government right to vote for everyone including age limit have made India the largest democracy in the world.
DECENTRALISATION OF DEMOCRACY
Decentralisation controls the misuse of power and also create opportunity for political participation for the common people.
One such important provision is regarding empowering the local self-government make genuine democratic governance a reality.
Important attempts is the 73rd and 74th amendment of Indian constitution which gave a constitutional status to self-governing institution and also increased their power.
RIGHT TO INFORMATION
Citizen empowerment is the essential condition of democracy.
Increased communication between citizen and government helps in strengthning democracy and in building a relationship of trust between them.
Citizen have right to information which ensure transparency and accountability which are the hallmark of good governance.
After year 2000, democratic reforms are considered as rights of citizen.
SOCIAL JUSTICE AND EQUALITY
Social justice and equality are important objective of our constitution.
To establish social justice and equality
- Remove those social condition which are responsible for injustice and insist on equality of dignity for all individuals.
- Efforts to be made at all level of society but government effort on this front are important.
- Democracy is process of accomodating different section of society, democracy to be inclusive, one must try to bring all the section of society into the mainstream.
- Democracy helps in reducing social conflicts.
- Ending discrimination in social status such as superior or inferior on the basis of cast, religion, language, gender, place of birth, race, property and giving equality of opportunity for development to every individual.
POLICY OF RESERVATION OF SEATS
It is meant for those section of society who have been deprived of the opportunities for education and employment for a long period of time.
PROVISION FOR MINORITES
Indian constitution has made several provision for protection of minorities, which provide them opportunities for education and employment.
Indian constitution prohibits discrimination on the basis of cast, religion, race, language and region.
LAWS RELATING TO WOMEN AND PROVISION FOR REPRESENTATION
In post- Independence efforts being made for empowering women.
Several policies have been adopted at national and international level to remove illiteracy among women and to make available opportunities for their development.
Right to have an equal share in the property of the father and husband, Dowry prohibition act, Act against sexual harrastment, Domestic violence prohibition act are some important provision which create a favourable enviroment for protection of freedom of women and securing their development.
The 73rd and 74th amendment reserved 33% of seats for women in local self governing institution. This % has been raised to 50% in several states including Maharashtra.
A national commission for women has been established, similar commission also exist at state level.
The act of the protection of women against domestic violence is an important step in the direction of democracy.
This act underlined the need to protect the dignity and self esteem of women. This act rejected traditional forms of domination and authoritarianism and expanded the scope of Indian democracy to make it inclusive in true sense.
ROLE OF JUDICIARY
The Judiciary in India has played an important role in strenghtning democracy and helping to make towards acheiving the objective of social justice and equality.
THE BASIC FRAME WORK OF THE CONSTITUTION
The constitution is dynamic and living document
It has to change according to changing condition and the parliament has power to make those changes.
The judiciary has accepted this power of parliament to make changes on constitution but at same time specified the limitation on this power.
The judiciary has taken a stand that the Parliament while amending the constitution cannot alter the basic structure of constitution.
SIGNIFICANT JUDICIAL DECISION
The protection provided to the citizen by fundamental rights in the constitution has been made more meaningful through various decision of Judiciary.
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