India celebrates Constitution Day, also known as , every year on November 26 as it marks the day the Indian Constitution was adopted by the Constituent Assembly in 1949. It was in 2015 when the Government of India decided to establish November 26 as Constitution Day to advance “constitutional values among residents”. The day was declared in the year which marked the 125th birth anniversary of Dr Bhim Rao Ambedkar, the chairman of the Drafting Committee of the Constitution. Earlier, the day was celebrated as Law Day.
After India became an independent country, the Constituent Assembly entrusted the job of drafting the Constitution to a committee chaired by Dr BR Ambedkar. Dr Rajendra Prasad, was the President of the Constituent Assembly, which was established in 1946. At the beginning of 1948, Dr Ambedkar completed the draft of the Indian Constitution and presented it in the Constituent Assembly. It was on November 26, 1949, that this draft was adopted with very few amendments. The Indian Constitution came into effect on January 26, 1950, which is observed as Republic Day. The Constituent Assembly took almost three years to complete the important and most historic task of drafting a Constitution for Independent India. Indian constitution is the longest written Constitution in the world containing 395 Articles, 22 Parts and 12 Schedules. The Constitution of India was not typeset or printed but was handwritten and calligraphic in both English and Hindi. It was entirely handcrafted by the artists of Shantiniketan. At the beginning of each part of the Constitution has depiction of a phase or scene from India’s national experience and history. The artwork and illustrations, rendered largely in the miniature style, represent vignettes from the different periods of history of the Indian subcontinent, ranging from Mohenjodaro in the Indus Valley, the Vedic period, the Gupta and Maurya empires and the Mughal era to the national freedom movement.
It is said that People of India are the ultimate custodians of the Constitution. It is in them that sovereignty vests and it is in their name that the Constitution was adopted. The Constitution empowers the citizen, but the citizen too empowers the Constitution – by following it, by adhering to it, by protecting it, and by persevering to make it more meaningful with words and deeds. The Constitution is nobody’s preserve – and it is everybody’s preserve.
The constitution of India went through a lot of amendments and omissions since its inception, but the spirit of constitution remains intact and unaltered due to ‘basic structure doctrine’ of the constitution which came in light after the judgement of Kesavananda Bharti v. State of Kerala (1973). Talking of amendments, one such amendment would be 42nd amendment act in 1976 also known as ’mini-constitution’ when fundamental duties along with other key amendments were made part of the constitution. In 1976, a new part was added (Part IVA) to the Constitution, this new part consisted of Article (Article 51A) which specified a code of ten fundamental duties of the citizens of India. Originally, the Indian Constitution did not contain Fundamental Duties. These were adopted from Russia then USSR. In 1976, the Government of India appointed the Sardar Swaran Singh Committee to make recommendations about Fundamental Duties.
The Committee observed that in addition to the enjoyment of rights, the citizens should also perform certain duties. It is to be noted that the Swaran Singh Committee recommended the incorporation of eight Fundamental Duties but the 42nd Constitutional Amendment Act included ten Fundamental Duties.
The inclusion of the fundamental duties in Indian Constitution was done in order to foster a sense of responsibility, patriotism, and social cohesion among citizens. The duties aim to instill a sense of civic consciousness and responsibility among citizens toward the nation and society. The duties remind citizens of India of their obligations to uphold the values enshrined in the Constitution while promoting education, scientific temper, and the development of scientific knowledge, to not just cherish the rich cultural heritage of India but also strive to preserve it. The relationship between Fundamental Rights and Fundamental Duties is correlative and complementary. Various constitutional experts have also referred fundamental duties as precursor to duties. Fundamental duties provide an opportunity for the common man to not be a mere spectator but to actively participate in the realization of national goals. These duties serve as guiding principles for lawmakers and policymakers in shaping laws and policies for the betterment of society. They strike a balance between rights and responsibilities, ensuring that individual freedoms are exercised responsibly. In nutshell, through fulfillment of fundamental duties, fundamental rights of the citizen get exercised organically. For example, Article 21-A guarantees education as a fundamental right but the purpose of guaranteeing it as a fundamental right gets fulfilled when the guardians enroll their child for education which is mentioned in the last point of fundamental duties. The fundamental duties are not merely pedantic or technical. They were incorporated as the key to social transformation of India as a country.
It is also striking to note that the fundamental duties were drafted three decades before the UN member countries adopted the 17 Sustainable development goals but the SDGs naturally appear to be an extended feature of the fundamental rights, Fundamental duties or the directive principles of state policy already present in the Indian constitution which in a way is a great opportunity to uphold India’s democratic ethos.
Over the years, Fundamental Duties have also faced a lot of criticism due to its non-justiciable status and also because of the neglect it has seen from its citizen. Centre and states collectively should frame guidelines to improve the performance of fundamental duties. Many citizens are unaware of their duties which undermines their effectiveness in fostering a sense of civic responsibility. Despite criticisms, the Fundamental Duties of Indian Constitution remain integral to cultivate a sense of responsible citizenship, patriotism, and social cohesion as was envisioned by the framers of our constitution.
The constitution of India has guided the nation through trials and triumphs alike. The 75-year journey is a testament to the enduring spirit of democracy and the relentless pursuit of justice. It has become imperative to reaffirm our commitment enshrined in the constitution. It is imperative to educate and spread awareness about constitutional rights to empower individuals and communities regardless of their background. Only then India can claim to achieve glory.
Samvidhan Divas is not just a moment of celebration but also a call of action. By all means the Constitution serves as a powerful emancipating proclamation ending centuries of discrimination, economic, political and social exclusion for millions of people.
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