Establishment of Indian Constitution

The constitution of India establishes a Parliamentary Form of Government. In this respect, we followed the British Model in Toto. The essence of the Parliamentary Form of Government is its responsibility to the legislation. The President is the constitutional head of the state. The real Executive Power is vested in the Council of Ministers, headed by the Prime Minister. The Council of Ministers is collectively responsible to the Lower House i.e, Loksabha. It is a unique blend of Rigidity and Flexibility. 

The Indian Constitution is a written constitution with volumes exercise of 395 Articles, with 10 schedules. It was amended for 94 times. But, the procedure for Amendment of a Constitution is rigid. It requires 2/3rd majority in both the Houses of the Parliament. Apart from that, it must stand to the text of Judicial Review. The Constitutionality of the amendment will be testified by the Higher Judiciary in the country. The promise declared in the preamble is established in the Fundamental Rights and Directive Principles of State Policy, enshrined in Part III, IV of the constitution. In other words, the Fundamental Rights and Directive Principles of State Policy are all part of the same constitutional, Scheme and Aim of the establishment of a free and Just Social Order, based on the Rule of Law. They aim at the betterment of the individual as an integral part of the society. Building an egalitarian society was the pronounced concept of the Freedom Fighters of the country. The Constitution was designed to bring the largest part of people towards equalitarian society. 

The constitution reflects this high ideal envisaging a society in which opportunities have been given for the pursuit of happiness without discrimination of caste, sex, religion etc. There is equal opportunity to everyone ensured, and there is no concentration of power or wealth in the hands of a few to the determinant of many. These assurances are to be turned in the reality. The Fundamental Rights provide the Basic Human Rights. The Structure has been erected by Architects of Consummate Skill and Fidelity, its foundations are solid, its compartments are beautiful as well as useful, its arrangements are full of wisdom and order, and its defences are impregnable from without outside influence by the folly of corruption or negligence of its only keepers that is the people. Equality, as enshrined, is a fundamental premise of a Democracy, being an important ingredient of modern system of Social Values. Right to Equality is the one of the most imperative and important Fundamental Right in a Democratic System. State shall not make any law, either to take away as a whole or abridge Fundamental Rights, which include Socio-Economic Rights, guaranteed under Part III. And if any law is made in contravention, to that extent, it shall be void. The success of Democracy depends on Political Freedom, Economic Equality and Social Justice. 

Our constitution is not only a pragmatic result of struggle for freedom. But, it also reflects the aspirations and hopes of the people. It was a pious wish of our Founding Fathers to give quality of life to their progeny. Hence, the Constitution cannot, shall not and has not remained a dormant instrument. But, it is seen as a Living Document to address the exigencies of Contemporary Life. The need for Socio-Economic Rights is well pronounced in our constitution because of ignorance of the masses, coupled with Financial Inabilities of a large section of people. The cherished goals of the constitution are indicated in the preamble. Independence of Judiciary is also one of the basic features of the constitution. The constitution reflects the Socio-Economic Philosophy of a true welfare state. 

The state shall strive to promote the welfare of the people by protecting and securing social order, Justice, Economic and Political Rights. It shall also strive to minimize inequalities among individuals, groups and sections of people. The Democratic Institutions should work consistently within community values. The courts should strive to make Judgements upholding the Community Values in Conformity with the constitutional provisions, so that; the public will not lose confidence in the Judicial System. As said by Chief Justice, David Malcolm of Western Australia.


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