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The Constitution serves as the foundation of a democratic society by defining a framework for governance, regulating the use of power, and ensuring citizens’ fundamental rights. In India, it is more than just a legal document; it embodies the country’s historical struggles, common values, and dedication to justice, equality, and liberty. Individual liberties are protected by the Constitution, which limits arbitrary government.
The aim of this article is to emphasise the significance of understanding the Constitution and its role in safeguarding rights. It aims to highlight how constitutional awareness strengthens democracy by allowing citizens to recognise, preserve, and responsibly exercise their rights within a constitutional framework.
India’s constitutional trajectory is significantly influenced by its colonial heritage. Under British administration, authority was centralised and frequently used without accountability, resulting in severe injustice and inequality. The freedom movement emphasised the critical need for a legislative framework that would prohibit abuse of power and protect civil freedoms. When India earned independence, the Constituent Assembly was tasked with creating a Constitution that would unite its diverse population while ensuring justice, liberty, equality, and fraternity. The Constitution, adopted on January 26, 1950, was intended to remedy historical injustices while also establishing foundations for a fair and inclusive society.
The Constitution is the supreme law of the land, which means that all laws and activities of the state must follow it. Ordinary legislation is based on constitutional provisions. This constitutional supremacy concept ensures that no authority, whether legislative, executive, or administrative, operates outside of the bounds set by law. The Constitution also established a system of checks and balances, which distributes authority among the many parts of government. Judicial review is essential in this system, allowing courts to analyse the legality of laws and executive actions to ensure they do not violate constitutional values.
Part III of the Constitution, which guarantees fundamental rights, is central to the document. These rights are fundamental for an individual’s dignity, independence, and development. The Right to Equality requires that the State treat all individuals equally under the law and bans discrimination. The Right to Freedom safeguards fundamental liberties such as speech, expression, movement, and association, subject to reasonable restrictions for the sake of public order and morality.
The right to life and personal liberty guaranteed by Article 21 has been generally interpreted to include the right to dignity, privacy, and access to basic necessities. Freedom of Religion protects the right to practise, profess, and spread religion, reflecting India’s secularism. Cultural and educational rights defend minorities’ interests by allowing them to keep their language, culture, and educational institutions. These rights are enforced through the courts, ensuring that citizens have legal recourse when their liberties are challenged.
While Fundamental Rights are enforceable, the Directive Principles of State Policy in Part IV guide the State in developing policies that promote social and economic fairness. These principles motivate the government to promote welfare, decrease inequities, offer appropriate livelihoods, and assure access to education and healthcare. Directive Principles, while not legally enforceable, have had a profound impact on legislation and government. They have contributed to India’s transformation into a welfare state by establishing legislation governing employment protection, social security, and public welfare.
The judiciary has an important role in protecting constitutional rights. The Supreme Court and High Courts are responsible for interpreting and enforcing the Constitution. Articles 32 and 226 allow persons to approach courts immediately for the preservation of their fundamental rights. The establishment of Public Interest Litigation (PIL) has increased access to justice by allowing courts to address issues that impact marginalised and vulnerable populations. Courts have broadened the extent of rights, particularly under Article 21, highlighting the Constitution’s function as a living constitution.
The Constitution confers both rights and obligations. The Fundamental Duties under Article 51A remind citizens to respect the Constitution, preserve national unity, and foster harmony. While courts do not have the authority to enforce these duties, they are critical in the development of constitutional ideals. A democracy is based not only on rights, but also on responsible citizenship. Awareness and observance of constitutional duties improve democratic institutions and enable effective governance.
In today’s culture, the Constitution’s importance grows. Digital privacy, freedom of expression on internet platforms, and social justice movements are all being investigated under a constitutional framework. Challenges such as power abuse, degradation of civil freedoms, and misinformation highlight the importance of constitutional literacy. The Constitution’s elasticity enables it to respond to shifting social and technical circumstances while maintaining essential values.
The Constitution stands as the foremost safeguard of individual rights and democratic values, ensuring that state power operates within defined limits and that dignity, equality, and justice are upheld. Awareness and respect for constitutional principles strengthen the rule of law and reinforce democratic accountability.
This reflection, by Adv. Abdul Mulla, aligns with themes he examines through his legal writings on platforms such as www.lifeandlaw.in and www.asmlegalservices.in, emphasizing that preserving constitutional spirit is a shared civic responsibility extending beyond institutions to every conscious citizen.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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