Honoring India’s Structure: seventy fifth Structure Day celebrated with reflections and key occasions

Honoring India’s Structure: seventy fifth Structure Day celebrated with reflections and key occasions

The Structure of India is a grand imaginative and prescient assertion for an egalitarian society. On November 26, 1949, the Structure was enacted, adopted and given to us. Due to this fact, annually, our nation commemorates November 26 because the Structure Day to honour the visionary framers of the Indian Structure. Some of the outstanding points of the Indian Structure is its means to stability a powerful central authorities with the autonomy of states. This federal construction ensures that whereas we stay united as a nation, the various regional wants and identities are revered and preserved. The Structure additionally enshrines elementary rights that defend our freedom and dignity, reminding us of the values we maintain pricey. These rights are complemented by elementary duties, which underscore our obligations as residents.
The Directive Rules of State Coverage, although non-justiciable (that which isn’t able to being determined by a court docket of regulation or by authorized ideas), function an ethical compass for the state, guiding the insurance policies aimed toward social and financial welfare. This salutary inclusion ensures that the state stays dedicated to making a simply society, even because it navigates the complexities of governance.

Steady framework

The Indian Structure has performed an important function in shaping fashionable India. It has offered a steady framework for governance, facilitated social justice, and promoted financial growth. As we rejoice seventy fifth Structure Day, there’s a have to mirror upon the foremost amendments included within the Structure of India to satisfy altering socio-politico wants of ‘We the Individuals’.
The Structure (First Modification Act) 1951 inter alia restricted free speech by including extra grounds underneath Article 19(2) and added the Ninth Schedule, thereby limiting the ability of judicial overview. Although the Supreme Court docket of India in IR Coelho v. State of Tamil Nadu (2007) held that legal guidelines positioned within the Ninth schedule could be unconstitutional in the event that they violate the Fundamental Construction of the Structure of India. The idea of primary construction as propounded by the Apex court docket in Kesavanand Bharti vs State of Kerala (1973) has been applauded by majority of the students however has additionally discovered essential evaluations that this doctrine is limiting the constitutional modification powers of the Parliament which displays the desire of the individuals, thereby, circumventing the powers of the parliament.
The Structure of India underneath Article 19(1) (f) offered for the elemental proper to accumulate, maintain and eliminate property, nonetheless, the Structure (Forty-fourth) Modification Act, 1978 omitted this elementary proper and it was consigned to being the Constitutional proper, consequently, the precise of the residents to maneuver the Supreme Court docket to implement proper to property was curtailed. The correct to property has been the topic of intense debate and within the mild of the Apex Court docket judgment in Property Homeowners Affiliation & Ors. versus State of Maharashtra & Ors. (November 2024) holding that the fabric assets underneath Article 39(b) doesn’t embody all personal property, there’s want to revive the precise to property as was initially enshrined underneath the Article 19(1)(f). The trilogy of proper to life, liberty and property are sacrosanct and the Structure of the USA of America underneath the Fourteenth Modification (1868) additionally supplies for these rights, by stating inter alia ‘nor shall any State deprive any individual of life, liberty, or property, with out due strategy of regulation…’.
These developments mirror the dynamic and transformative nature of Indian constitutional jurisprudence. It embodies the aspirations of our forefathers and supplies a guiding mild for our nation’s progress. The Indian Structure is greater than a authorized doc; it’s the cornerstone of India’s democratic ethos as a residing doc.

Core values

Celebrating the constitutional values, College of Legislation, Bennett College is commemorating their flagship occasion Structure week 3.0 from November 22-26, 2024, and Justice Rajesh Bindal, choose, Supreme Court docket of India, has consented to ship the chief visitor’s handle. As part of the celebrations, a world convention on ‘Discourse in Comparative Constitutional Legislation: Up to date Traits and Challenges’ together with many alternative competitions and actions have been organised. The programme will likely be graced by the presence of eminent authorized luminaries to rejoice the ever-living spirit of the structure.
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(The authors are dean, College of Legislation, and assistant professor, College of Legislation, Bennett College, Higher Noida, respectively)



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