India’s Constitution and Samvidhan Divas Celebration

The Government of India has annually observed Samvidhan Divas on 26 November since 2015. This commemorates the adoption of the Constitution in 1949. The day honours Dr B R Ambedkar, the Drafting Committee, and all members of the Constituent Assembly. It celebrates the values, rights, and duties enshrined in the Constitution.

Historical Context of the Constitution

The Constituent Assembly began its work on 9 December 1946. It took nearly three years of debates and discussions to draft the Constitution. The process was inclusive, drawing ideas from Indian citizens and other democracies. The Constitution reflects the vision of a diverse, postcolonial nation committed to democracy.

Core Principles and Structure

The Constitution is founded on Liberty, Equality, and Fraternity. Initially, it had 395 articles, 22 parts, and 8 schedules. Today, it has grown to 472 articles, 25 parts, and 12 schedules. It guarantees justice and dignity to all citizens. The document embraces India’s cultural, linguistic, and social diversity.

Social Justice and Inclusivity

It recognises historical inequalities and provides affirmative action for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. The Constitution protects tribal cultures and socio-political systems. It promotes gender equality and safeguards minority rights. Judicial interpretations have expanded citizens’ rights over time.

Amendments and Adaptability

The Constitution allows amendments to meet changing needs. There have been 106 amendments so far. This flexibility has helped India address new challenges while preserving core values. Amendments have expanded voting rights and strengthened social justice measures.

Role in Governance and Development

The Constitution guides all branches of government. It underpins laws, policies, and judicial decisions. It promotes the rule of law as essential for social and economic growth. The Parliament uses it as a tool for social engineering and reform. The Constitution supports India’s vision of becoming a self-reliant and developed nation by 2047.

Significance of Samvidhan Divas

Samvidhan Divas serves as a reminder of the Constitution’s importance. It encourages citizens to uphold democratic values and constitutional duties. The day honours the framers’ efforts and renews commitment to justice, equity, and progress.

Questions for UPSC:

1. Point out the significance of the Directive Principles of State Policy in promoting social justice in India.
2. Critically analyse the impact of the 42nd Amendment on the Constitution of India with suitable examples.
3. Underline the role of the Judiciary in safeguarding fundamental rights and maintaining the balance of power in India.
4. Estimate the challenges and opportunities in implementing affirmative action policies for Scheduled Castes and Scheduled Tribes in contemporary India.

Answer Hints:

1. Point out the significance of the Directive Principles of State Policy in promoting social justice in India.

1. Directive Principles guide the state to establish a just social order and welfare state.
2. They aim to reduce inequalities by promoting equitable distribution of resources.
3. Focus on securing socio-economic rights like education, health, and livelihood for all citizens.
4. Provide a framework for affirmative action and upliftment of marginalized communities.
5. Though non-justiciable, they influence legislation and policy-making to achieve social justice.
6. Help in bridging the gap between ideal constitutional values and practical governance.

2. Critically analyse the impact of the 42nd Amendment on the Constitution of India with suitable examples.

1. Known as the Mini Constitution, it altered the Constitution in 1976 during Emergency.
2. Strengthened the power of the Parliament, reducing judicial review and fundamental rights’ scope.
3. Added the words Socialist, Secular, and Integrity to the Preamble, shaping India’s identity.
4. Transferred more powers to the Centre, weakening federalism (e.g., Schedule 7 changes).
5. Changed the balance between Fundamental Rights and Directive Principles, prioritizing the latter.
6. Later partially rolled back by the Supreme Court in Kesavananda Bharati case, restoring judicial supremacy.

3. Underline the role of the Judiciary in safeguarding fundamental rights and maintaining the balance of power in India.

1. Judiciary protects citizens’ fundamental rights through judicial review and writ jurisdiction.
2. Acts as a check on the legislature and executive, preventing abuse of power.
3. Interprets the Constitution dynamically to adapt to social changes and emerging rights.
4. Landmark judgments (e.g., Kesavananda Bharati, Maneka Gandhi) uphold constitutional supremacy.
5. Maintains federal balance by adjudicating Centre-State disputes under the Constitution.
6. Ensures rule of law, fairness, and accountability in governance.

4. Estimate the challenges and opportunities in implementing affirmative action policies for Scheduled Castes and Scheduled Tribes in contemporary India.

1. Challenges include social stigma, inadequate awareness, and resistance from dominant groups.
2. Implementation gaps due to corruption, lack of infrastructure, and poor targeting in education and jobs.
3. Opportunity to empower marginalized communities through education, political representation, and economic inclusion.
4. Affirmative action promotes social justice, reduces historical inequalities, and encourages national integration.
5. Need for periodic review and expansion to address emerging backward groups and intersectional discrimination.
6. Can drive inclusive development and strengthen democratic participation if effectively enforced.