Essay on the constitution of India

________________________________________
The constitution defines our national goals of democracy,
socialism and secularism, guarantees equality, liberty, justice,
etc., to the citizens. It confers on us our fundamental rights and
duties and also contains the directive principles for the
government. It tells us about the intensions of our great leaders
who drafted and gave us our Constitution.
The farming of our constitution
Indians had been demanding complete independence since 1929.
Eventually, in 1945, Mr. Clement Atlee, who was sympathetic
towards the Indians, became the Prime Minister of England. He
sent the Cabinet Mission to India to solve the political problem
(whether to divide the country or to leave it united) and to devise
means of granting her independence. It recommended that there
should be a Constituent Assembly to frame the Constitution of
India. The Constituent Assembly of India met under the
temporary chairmanship of Sachidananda Sinha, as he was then
the eldest member of the Assembly, and elected Dr. Rajendra
Prasad as its permanent chairman.
The Constituent Assembly consisted of members who were
elected by the members of the provincial legislatures and not by
the people directly. Its members represented all the parties
through most of the members were from the Congress. For this
reason, the Muslim League put hurdles in its functioning and
boycotted it from its very inception.
The Assembly, however, started its work on 9 December 1946, in
the Central Hall of the Parliament House.
Democracy:
Our Constitution provides for a democratic from of government.
It means that all the citizens of our country have the right to
decide matters relating to the governing of the state. The
Government is, in the real sense, of the people, for the people
and by the people.
All people above the age of 18 years have the right to elect their
government. The people elect their representatives who from the

government. It is through these representatives, who have the

backing of the majority of the people; decisions are taken in
political matters. This is called political democracy.
India is the worlds largest democracy. In a democracy, all people
have certain rights and freedom. But political democracy only,
i.e. right to elect the government, is not enough. There is need
for social democracy too. In a democracy, all the citizens are to
be treated equally. Each one is given equal opportunity,
irrespective of his caste, creed, religion and sex.
Political democracy without social democracy has no meaning.
Unless we provide equal justice and equal opportunities to all we
shall not be able to enjoy the fruits of freedom. We must have
political as well as social democracy.
Fundamental Rights
The fundamental rights are regarded as the soul of our
Constitution. The Constitution guarantees equal rights and
privileges to all the citizens. These fundamental rights are
necessary because they did not only provide security and
equality to all citizens, but also ensure the all-round development
of the individual and thus the development of the nation.
The Constitution of India bestows six fundamental rights upon its
citizens. They put a check on the absoluteness and the despotic
nature of the government. These rights are justifiable and cannot
be denied to any citizen. The court ensures their observance by
the State. They safeguard the citizens from the excess of the
Executive and the Legislature.
Right to Equality:
Our society has been divided over various issues from the very
early ages. The caste system for long divided the society. People
belonging to the lower caste were not given the same privileges
and opportunities as those of the upper caste. Then the British
created a class of zamindars and feudal lords who were very
harsh on the common people. The titles conferred by the British
made them distinct from the others.
Therefore, the right of equality given to us our Constitution is
extremely important. It establishes equality before law. Article 14
of the Constitution guarantees equality of all persons before the

law. Article 15 prohibits any discrimination on grounds of caste,

race, sex and religion. It abolishes untouchability. It states that
all citizens can use public employment.
All titles such as Sir, Rai Bahadur, Khan Bahadur, have been
abolished by the Constitution to remove class distinctions and
maintain equality. Article 18 prohibits the state from conferring
such titles. It can only confer military or academic awards. No
citizen of India is permitted to accept any title even from any
foreign state, especially if he is employed in a government job,
without the permission and consent of the President of India.
Right to Freedom:
In a democratic country like ours, safeguarding the freedom of an
individual is very essential. Six freedoms have been granted to
the citizens both individually and collectively. They are:
a. Freedom of speech and expression;
b. Freedom to assemble peacefully without arms;
c. Freedom to form associations or unions;
d. Freedom to move freely throughout the territory of India;
e. Freedom to reside and settle in any part of the country; and
f. Freedom to practice any profession or to carry on any
occupation, trade or business.
But there are certain restrictions or limitations on these
freedoms. For instance, the right to freedom of speech does not
mean that we can say anything to anyone. Our freedom to speech
does not entitle us to make statements that are not in the
interest of the security of the nation or sours ours relations with
other countries.
Similarly, the right to freedom of movement is also subject to
certain restrictions as is the right to reside in any part of the
country. The state can put restrictions on the buying of property
in certain secluded regions keeping in view the security of the
country.
Right against Exploitation:

This right protects the people from any sort of exploitation by

the society. Children below the age of 14 years are not allowed to
be employed in a factory or mine or in any other hazardous job.
This provision in the Constitution prevents women and children,
in particular, from being ill treated. It also prohibits forced labor.
Light to Freedom of Religion:
India is a secular state. All people are entitled to the freedom of
religion. They are free to profess, practice and propagate their
religion. Although a majority of the population of India consists
of Hindus, all the other religions such as Sikhism, Christianity
and Islam are given equal respect. The State treats all religions
alike. The only restriction on this right is that nothing should be
done which can incite religious passions and create communal
tensions.
Cultural and Educational Rights:
India is a land of diversities. The Constitution grants the right to
all groups, sects and minorities to safeguard and conserve the
same. They are free to run their educational institutions and
teach their children accordingly. However, they cannot deny
admission to any candidate who is desirous of joining such
schools and colleges.
Right to Constitutional Remedies:
This right entitles every citizen, who feels that his rights are
being encroached upon, to move the Supreme Court, High Court
or any other court. The court has the power to review whether a
persons rights have been denied. The Supreme Court is the
custodian of our fundamental rights. In fact, without these
rights, the other rights would be quite meaningless.
Fundamental Duties
The Constitution confers on us fundamental rights, but every
right carries a duty with it. If we have certain rights, we also
have certain duties towards our country. According to the 42nd
Amendment in the Constitution, the fundamental duties are as
follows:
1. To abide by the Constitution and respect its ideals and
institutions, the national flag and the national anthem;

2. To cherish and follow the noble ideals which inspired our

national struggle for freedom;
3. To uphold and protect this sovereignty, unity and integrity of
India;
4. To defend the country and render national service when called
upon to do so;
5. To promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistics
and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite
culture;
7. To protect and improve he natural environment including
forests, lakes, rivers and wildlife and to have compassion for
living creatures;
8. To develop a scientific temper, humanism and the spirit of
inquiry and reform;
9. To safeguard public property and to abjure violence; and
10. To strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavor and achievement.