constitutional values of india essay in english

Essay on Constitution of India

500+ words indian constitution essay for students and children in english.

A Constitution is a set of rules and regulations guiding the administration of a country. The Constitution is the backbone of every democratic and secular fabric of the nation. The Constitution of India is the longest Constitution in the world, which describes the framework for political principles, procedures and powers of the government. The Constitution of India was written on 26 November 1949 and came into force on 26 January 1950. In this essay on the Constitution of India, students will get to know the salient features of India’s Constitution and how it was formed.

Constitution of India Essay

On 26th January 1950, the Constitution of India came into effect. That’s why 26th January is celebrated as Republic Day in India.

How Was the Constitution of India Formed?

The representatives of the Indian people framed the Indian Constitution after a long period of debates and discussions. It is the most detailed Constitution in the world. No other Constitution has gone into such minute details as the Indian Constitution.

The Constitution of India was framed by a Constituent Assembly which was established in 1946. Dr Rajendra Prasad was elected President of the Constituent Assembly. A Drafting Committee was appointed to draft the Constitution and Dr B.R. Ambedkar was appointed as the Chairman. The making of the Constitution took a total of 166 days, which was spread over a period of 2 years, 11 months and 18 days. Some of the salient features of the British, Irish, Swiss, French, Canadian and American Constitutions were incorporated while designing the Indian Constitution.

Also Read: Evolution and Framing of the Constitution

Features of The Constitution of India

The Constitution of India begins with a Preamble which contains the basic ideals and principles of the Constitution. It lays down the objectives of the Constitution.

The Longest Constitution in the world

The Indian Constitution is the lengthiest Constitution in the world. It had 395 articles in 22 parts and 8 schedules at the time of commencement. Now it has 448 articles in 25 parts and 12 schedules. There are 104 amendments (took place on 25th January 2020 to extend the reservation of seats for SCs and STs in the Lok Sabha and state assemblies) that have been made in the Indian Constitution so far.

How Rigid and Flexible is the Indian Constitution?

One of the unique features of our Constitution is that it is not as rigid as the American Constitution or as flexible as the British Constitution. It means it is partly rigid and partly flexible. Owing to this, it can easily change and grow with the change of times.

The Preamble

The Preamble has been added later to the Constitution of India. The original Constitution does not have a preamble. The preamble states that India is a sovereign, socialist, secular and democratic republic. The objectives stated by the Preamble are to secure justice, liberty, and equality for all citizens and promote fraternity to maintain the unity and integrity of the nation.

Federal System with Unitary Features

The powers of the government are divided between the central government and the state governments. The Constitution divides the powers of three state organs, i.e., executive, judiciary and legislature. Hence, the Indian Constitution supports a federal system. It includes many unitary features such as a strong central power, emergency provisions, appointment of Governors by the President, etc.

Fundamental rights and fundamental duties

The Indian Constitution provides an elaborate list of Fundamental Rights to the citizens of India. The Constitution also provides a list of 11 duties of the citizens, known as the Fundamental Duties. Some of these duties include respect for the national flag and national anthem, integrity and unity of the country and safeguarding of public property.

Also Read: Difference between Fundamental Rights and Fundamental Duties

India is a republic which means that a dictator or monarch does not rule the country. The government is of the people, by the people and for the people. Citizens nominate and elect its head after every five years.

Related Read: Constitution of India – 13 Major Features

The Constitution serves as guidelines for every citizen. It helped India to attain the status of a Republic in the world. Once Atal Bihari Vajpayee said that “governments would come and go, political parties would be formed and dissolved, but the country should survive, and democracy should remain there forever”.

We hope that this essay on the “Constitution of India” must have helped students. For the latest updates on ICSE/CBSE/State Board/Competitive Exams, stay tuned to BYJU’S. Also, download the BYJU’S App for watching interesting study videos.

Also Read: Independence Day Essay | Republic Day Essay | Essay on Women Empowerment

Frequently Asked Questions on Constitution of India Essay

Who is the father of our indian constitution.

Dr. B. R. Ambedkar is the father of our Indian Constitution. He framed and drafted our Constitution.

Who signed the Indian Constitution?

Dr. Rajendra Prasad was the first person from the Constitution Assembly to have signed the Indian Constitution.

What is mentioned in the Preamble of our Indian Constitution?

The preamble clearly communicates the purpose and emphasis the importance of the objectives of the Indian Constitution.

Leave a Comment Cancel reply

Your Mobile number and Email id will not be published. Required fields are marked *

Request OTP on Voice Call

Post My Comment

Register with BYJU'S & Download Free PDFs

Register with byju's & watch live videos.

Constitutional Values of India

Constitution means a set of fundamental principles, basic rules and established precedents (standards or instances). It identifies, defines and regulates various aspects of the State and the structure, powers and functions of the major institutions under the three organs of the Government - the executive, the legislature and the judiciary. It also provides for rights and freedoms of citizens and spells out the relationships between individual citizen and the State and government.

A Constitution may be written or unwritten, but it contains fundamental laws of the land. It is the supreme and ultimate authority. Any decision or action which is not in accordance with it will be unconstitutional and unlawful.

A Constitution also lays down limits on the power of the government to avoid abuse of authority. Moreover, it is not a static but a living document, because it needs to be amended as and when required to keep it updated. Its flexibility enables it to change according to changing aspirations of the people, the needs of the time and the changes taking place in society.

The Indian Constitution

Indian Constitution is the longest of all the written constitutions . It was prepared by a representative body, known as the Constituent Assembly . Most of its members were deeply involved in the freedom struggle. They are respectfully called the founding fathers of the Constitution. The process of constitution-making was greatly influenced by the following factors:

• Aspirations generated during the long drawn freedom struggle
• The constitutional and political changes that took place during the British rule
• The ideas and thoughts of Mahatma Gandhi, popularly known as Gandhism
• The socio-cultural ethos of the country 
• The experiences of the functioning of Constitutions in other democratic countries of the world

The Constitution came into effect on 26 January, 1950 and since then this day is celebrated as the  Republic Day every year.

The Constituent Assembly began to prepare the Constitution on 9 December, 1946. Dr. Rajendra Prasad was elected as its President on 11 December, 1946.  Dr. Baba Saheb Bhimrao Ambedkar was the Chairman of the Drafting Committee. The Constituent Assembly met for 166 days, spread over a period of 2 years, 11 months and 18 days. The making of the Constitution was completed on 26 November, 1949 when the Constituent Assembly adopted the Draft Constitution of India.

The Constitution of India defines all aspects of the Indian political system including its basic objectives. It has provisions regarding

• The territories that India will comprise
• Citizenship
• Fundamental rights
• Directive principles of state policy and fundamental duties
• The structure and functioning of governments at union, state and local levels
• Several other aspects of the political system

It defines India as a sovereign, democratic, socialist and secular republic . It has provisions for bringing about social change and defining the relationship between individual citizen and the state.

Constitutional Values

The Constitution of any country serves several purposes. It lays down certain ideals that form the basis of the kind of country that citizens aspire to live in. A country is usually made up of different communities of people who share certain beliefs, but may not necessarily agree on all issues. A Constitution helps serve as a set of principles, rules and procedures on which there is a consensus. These form the basis according to which the people want the country to be governed and the society to move on.

This includes not only an agreement on the type of government but also on certain ideals that the country should uphold. The Indian Constitution has certain  core constitutional values that constitute its spirit and are expressed in various articles and provisions. A value is that which is very essential or worth having and observing for the existence of human society as an entity. The Indian Constitution contains all such values, the values that are the universal, human and democratic of the modern age.

The constitutional values are reflected in the entire Constitution of India, but its Preamble embodies ‘the fundamental values and the philosophy on which the Constitution is based’. The Preamble to any Constitution is a brief introductory statement that conveys the guiding principles of the document.

The Preamble to the Indian Constitution also does so. The values expressed in the Preamble are expressed as objectives of the Constitution. These are: sovereignty, socialism, secularism, democracy, republican character of Indian State, justice, liberty, equality, fraternity, human dignity and the unity and integrity of the Nation.

1. Sovereignty

The Preamble declares India "a sovereign socialist secular democratic republic". Being sovereign means having complete political freedom and being the supreme authority . It implies that India is internally all powerful and externally free. It is free to determine for itself without any external interference (either by any country or individual) and nobody is there within to challenge its authority.

This feature of sovereignty gives the dignity of existence as a nation in the international community . Though the Constitution does not specify where the sovereign authority lies but a mention of ‘We the People of India’ in the Preamble clearly indicates that sovereignty rests with the people of India. This means that the constitutional authorities and organs of government derive their power only from the people.

2. Socialism

The social and economic inequalities have been inherent in the Indian traditional society. Which is why, socialism has been made a constitutional value aimed at promoting social change and transformation to end all forms of inequalities. Indian Constitution directs the governments and the people to ensure a planned and coordinated social development in all fields.

It directs to prevent concentration of wealth and power in a few hands . The Constitution has specific provisions that deal with inequalities in the Chapters on Fundamental Rights and Directive Principles of State Policy.

3. Secularism

India is a home to almost all major religions in the world. Secularism implies that the country is not guided by any one religion or any religious considerations. However, the Indian state is not against religions. It allows all its citizens to profess, preach and practise any religion they follow. At the same time, it ensures that the state does not have any religion of its own. Constitution strictly prohibits any discrimination on the ground of religion.

4. Democracy

The Preamble reflects democracy as a value. As a form of government it derives its authority from the will of the people. The people elect the rulers of the country and the elected representatives remain accountable to the people. The people of India elect them to be part of the government at different levels by a system of universal adult franchise, popularly known as ‘one man one vote’.

Democracy contributes to stability, continuous progress in the society and it secures peaceful political change. It allows dissent and encourages tolerance. And more importantly, it is based on the principles of rule of law, inalienable rights of citizens, independence of judiciary, free and fair elections and freedom of the press.

5. Republic

India is not only a democratic nation but it is also a republic. The most important symbol of being a republic is the office of the Head of the State, i.e. the President who is elected and who is not selected on the basis of heredity, as is found in a system with monarchy. This value strengthens and substantiates democracy where every citizen of India is equally eligible to be elected as the Head of the State. Political equality is the chief message of this provision.

Living in a democratic system alone does not ensure justice to citizens in all its totality. There are a number of cases where not only the social and economic justice but also the political justice is denied. Which is why, the constitution-makers have included social, economic and political justice as constitutional values.

By doing so, they have stressed that the political freedom granted to Indian citizens has to be instrumental in the creation of a new social order, based on socio-economic justice. Justice must be availed to every citizen. This ideal of a just and egalitarian society remains as one of the foremost values of the Indian Constitution.

The Preamble prescribes liberty of thought, expression, belief, faith and worship as one of the core values. These have to be assured to every member of all the communities. It has been done so, because the ideals of democracy can not be attained without the presence of certain minimal rights which are essential for a free and civilised existence of individuals.

8. Equality

Equality is as significant constitutional value as any other. The Constitution ensures equality of status and opportunity to every citizen for the development of the best in him or her. As a human being everybody has a dignified self and to ensure its full enjoyment, inequality in any form present in our country and society has been prohibited. Equality reflected specifically in the Preamble is therefore held as an important value.

9. Fraternity

There is also a commitment made in the Preamble to promote the value of fraternity that stands for the spirit of common brotherhood among all the people of India . In the absence of fraternity, a plural society like India stands divided. Therefore, to give meaning to all the ideals like justice, liberty and equality, the Preamble lays great emphasis on fraternity.

Fraternity can be realised not only by abolishing untouchability among different sects of the community, but also by abolishing all communal or sectarian or even local discriminatory feelings which stand in the way of unity of India.

10. Dignity of the individual

Promotion of fraternity is essential to realise the dignity of the individual. It is essential to secure the dignity of every individual without which democracy can not function. It ensures equal participation of every individual in all the processes of democratic governance.

11. Unity and Integrity of the Nation

Fraternity also promotes one of the critical values, i.e. unity and integrity of the nation. To maintain the independence of the country intact, the unity and integrity of the nation is very essential. Therefore, the stress has been given on fostering unity among all the inhabitants of the country. The Constitution expects from all the citizens of India to uphold and protect the unity and integrity of India as a matter of duty.

12. International Peace and a Just International Order

The value of international peace and a just international order, though not included in the Preamble is reflected in other provisions of the Constitution. The Indian Constitution directs the state (a) to promote international peace and security, (b) maintain just and honourable relations between nations, (c) foster respect for international law and treaty obligations, and (d) encourage settlement of international disputes by arbitration.

To uphold and observe these values is in the interest of India. The peace and just international order will definitely contribute to the development of India.

13. Fundamental Duties

The Constitution prescribes some duties to be performed by the citizens. It is true that these duties are not enforceable in the court of law like the fundamental rights are, but these duties are to be performed by citizens. Fundamental duties have still greater importance because these reflect certain basic values like patriotism, nationalism, humanism, environmentalism, harmonious living, gender equality, scientific temper and inquiry, and individual and collective excellence.

• CBSE Class 10th
• CBSE Class 12th
• UP Board 10th
• UP Board 12th
• Bihar Board 10th
• Bihar Board 12th
• Top Schools in India
• Top Schools in Delhi
• Top Schools in Mumbai
• Top Schools in Chennai
• Top Schools in Hyderabad
• Top Schools in Kolkata
• Top Schools in Pune
• Top Schools in Bangalore

Products & Resources

• JEE Main Knockout April
• Free Sample Papers
• Free Ebooks
• NCERT Notes
• NCERT Syllabus
• NCERT Books
• RD Sharma Solutions
• Navodaya Vidyalaya Admission 2024-25
• NCERT Solutions
• NCERT Solutions for Class 12
• NCERT Solutions for Class 11
• NCERT solutions for Class 10
• NCERT solutions for Class 9
• NCERT solutions for Class 8
• NCERT Solutions for Class 7
• JEE Main 2024
• MHT CET 2024
• JEE Advanced 2024
• BITSAT 2024
• View All Engineering Exams
• Colleges Accepting B.Tech Applications
• Top Engineering Colleges in India
• Engineering Colleges in India
• Engineering Colleges in Tamil Nadu
• Engineering Colleges Accepting JEE Main
• Top IITs in India
• Top NITs in India
• Top IIITs in India
• JEE Main College Predictor
• JEE Main Rank Predictor
• MHT CET College Predictor
• AP EAMCET College Predictor
• GATE College Predictor
• KCET College Predictor
• JEE Advanced College Predictor
• View All College Predictors
• JEE Main Question Paper
• JEE Main Cutoff
• JEE Main Advanced Admit Card
• JEE Advanced Admit Card 2024
• Download E-Books and Sample Papers
• Compare Colleges
• B.Tech College Applications
• KCET Result
• MAH MBA CET Exam
• View All Management Exams

Colleges & Courses

• MBA College Admissions
• MBA Colleges in India
• Top IIMs Colleges in India
• Top Online MBA Colleges in India
• MBA Colleges Accepting XAT Score
• BBA Colleges in India
• XAT College Predictor 2024
• SNAP College Predictor
• NMAT College Predictor
• MAT College Predictor 2024
• CMAT College Predictor 2024
• CAT Percentile Predictor 2023
• CAT 2023 College Predictor
• CMAT 2024 Answer Key
• TS ICET 2024 Hall Ticket
• CMAT Result 2024
• MAH MBA CET Cutoff 2024
• Download Helpful Ebooks
• List of Popular Branches
• QnA - Get answers to your doubts
• IIM Fees Structure
• AIIMS Nursing
• Top Medical Colleges in India
• Top Medical Colleges in India accepting NEET Score
• Medical Colleges accepting NEET
• List of Medical Colleges in India
• List of AIIMS Colleges In India
• Medical Colleges in Maharashtra
• Medical Colleges in India Accepting NEET PG
• NEET College Predictor
• NEET PG College Predictor
• NEET MDS College Predictor
• NEET Rank Predictor
• DNB PDCET College Predictor
• NEET Result 2024
• NEET Asnwer Key 2024
• NEET Cut off
• NEET Online Preparation
• Download Helpful E-books
• Colleges Accepting Admissions
• Top Law Colleges in India
• Law College Accepting CLAT Score
• List of Law Colleges in India
• Top Law Colleges in Delhi
• Top NLUs Colleges in India
• Top Law Colleges in Chandigarh
• Top Law Collages in Lucknow

Predictors & E-Books

• CLAT College Predictor
• MHCET Law ( 5 Year L.L.B) College Predictor
• AILET College Predictor
• Sample Papers
• Compare Law Collages
• Careers360 Youtube Channel
• CLAT Syllabus 2025
• CLAT Previous Year Question Paper
• NID DAT Exam
• Pearl Academy Exam

Predictors & Articles

• NIFT College Predictor
• UCEED College Predictor
• NID DAT College Predictor
• NID DAT Syllabus 2025
• NID DAT 2025
• Design Colleges in India
• Top NIFT Colleges in India
• Fashion Design Colleges in India
• Top Interior Design Colleges in India
• Top Graphic Designing Colleges in India
• Fashion Design Colleges in Delhi
• Fashion Design Colleges in Mumbai
• Top Interior Design Colleges in Bangalore
• NIFT Result 2024
• NIFT Fees Structure
• NIFT Syllabus 2025
• Free Design E-books
• List of Branches
• Careers360 Youtube channel
• IPU CET BJMC
• JMI Mass Communication Entrance Exam
• IIMC Entrance Exam
• Media & Journalism colleges in Delhi
• Media & Journalism colleges in Bangalore
• Media & Journalism colleges in Mumbai
• List of Media & Journalism Colleges in India
• CA Intermediate
• CA Foundation
• CS Executive
• CS Professional
• Difference between CA and CS
• Difference between CA and CMA
• CA Full form
• CMA Full form
• CS Full form
• CA Salary In India

Top Courses & Careers

• Bachelor of Commerce (B.Com)
• Master of Commerce (M.Com)
• Company Secretary
• Cost Accountant
• Charted Accountant
• Credit Manager
• Financial Advisor
• Top Commerce Colleges in India
• Top Government Commerce Colleges in India
• Top Private Commerce Colleges in India
• Top M.Com Colleges in Mumbai
• Top B.Com Colleges in India
• IT Colleges in Tamil Nadu
• IT Colleges in Uttar Pradesh
• MCA Colleges in India
• BCA Colleges in India

Quick Links

• Information Technology Courses
• Programming Courses
• Web Development Courses
• Data Analytics Courses
• Big Data Analytics Courses
• RUHS Pharmacy Admission Test
• Top Pharmacy Colleges in India
• Pharmacy Colleges in Pune
• Pharmacy Colleges in Mumbai
• Colleges Accepting GPAT Score
• Pharmacy Colleges in Lucknow
• List of Pharmacy Colleges in Nagpur
• GPAT Result
• GPAT 2024 Admit Card
• GPAT Question Papers
• NCHMCT JEE 2024
• Mah BHMCT CET
• Top Hotel Management Colleges in Delhi
• Top Hotel Management Colleges in Hyderabad
• Top Hotel Management Colleges in Mumbai
• Top Hotel Management Colleges in Tamil Nadu
• Top Hotel Management Colleges in Maharashtra
• B.Sc Hotel Management
• Hotel Management
• Diploma in Hotel Management and Catering Technology

Diploma Colleges

• Top Diploma Colleges in Maharashtra
• UPSC IAS 2024
• SSC CGL 2024
• IBPS RRB 2024
• Previous Year Sample Papers
• Free Competition E-books
• Sarkari Result
• QnA- Get your doubts answered
• UPSC Previous Year Sample Papers
• CTET Previous Year Sample Papers
• SBI Clerk Previous Year Sample Papers
• NDA Previous Year Sample Papers

Upcoming Events

• NDA Application Form 2024
• UPSC IAS Application Form 2024
• CDS Application Form 2024
• CTET Admit card 2024
• HP TET Result 2023
• SSC GD Constable Admit Card 2024
• UPTET Notification 2024
• SBI Clerk Result 2024

Other Exams

• SSC CHSL 2024
• UP PCS 2024
• UGC NET 2024
• RRB NTPC 2024
• IBPS PO 2024
• IBPS Clerk 2024
• IBPS SO 2024
• Top University in USA
• Top University in Canada
• Top University in Ireland
• Top Universities in UK
• Top Universities in Australia
• Best MBA Colleges in Abroad
• Business Management Studies Colleges

Top Countries

• Study in USA
• Study in UK
• Study in Canada
• Study in Australia
• Study in Ireland
• Study in Germany
• Study in China
• Study in Europe

Student Visas

• Student Visa Canada
• Student Visa UK
• Student Visa USA
• Student Visa Australia
• Student Visa Germany
• Student Visa New Zealand
• Student Visa Ireland
• CUET PG 2024
• IGNOU B.Ed Admission 2024
• DU Admission 2024
• UP B.Ed JEE 2024
• LPU NEST 2024
• IIT JAM 2024
• IGNOU Online Admission 2024
• Universities in India
• Top Universities in India 2024
• Top Colleges in India
• Top Universities in Uttar Pradesh 2024
• Top Universities in Bihar
• Top Universities in Madhya Pradesh 2024
• Top Universities in Tamil Nadu 2024
• Central Universities in India
• CUET DU Cut off 2024
• IGNOU Date Sheet
• CUET Mock Test 2024
• CUET Admit card 2024
• CUET Result 2024
• CUET Participating Universities 2024
• CUET Previous Year Question Paper
• CUET Syllabus 2024 for Science Students
• E-Books and Sample Papers
• CUET Exam Pattern 2024
• CUET Exam Date 2024
• CUET Cut Off 2024
• CUET Exam Analysis 2024
• IGNOU Exam Form 2024
• CUET 2024 Exam Live
• CUET Answer Key 2024

Engineering Preparation

• Knockout JEE Main 2024
• Test Series JEE Main 2024
• JEE Main 2024 Rank Booster

Medical Preparation

• Knockout NEET 2024
• Test Series NEET 2024
• Rank Booster NEET 2024

Online Courses

• JEE Main One Month Course
• NEET One Month Course
• IBSAT Free Mock Tests
• IIT JEE Foundation Course
• Knockout BITSAT 2024
• Career Guidance Tool

Top Streams

• IT & Software Certification Courses
• Engineering and Architecture Certification Courses
• Programming And Development Certification Courses
• Business and Management Certification Courses
• Marketing Certification Courses
• Health and Fitness Certification Courses
• Design Certification Courses

Specializations

• Digital Marketing Certification Courses
• Cyber Security Certification Courses
• Artificial Intelligence Certification Courses
• Business Analytics Certification Courses
• Data Science Certification Courses
• Cloud Computing Certification Courses
• Machine Learning Certification Courses
• View All Certification Courses
• UG Degree Courses
• PG Degree Courses
• Short Term Courses
• Free Courses
• Online Degrees and Diplomas
• Compare Courses

Top Providers

• Coursera Courses
• Udemy Courses
• Edx Courses
• Swayam Courses
• upGrad Courses
• Simplilearn Courses
• Great Learning Courses

Essay On Constitution Of India

The Constitution of India is a set of rules and regulations that was drafted by a committee headed by Dr. B.R Ambedkar. It contains the guidelines as per which our country is expected to function such that its political, legal, and social ecosystems stay maintained. Here are a few sample essays on “Constitution of India”.

100 Words Essay On Constitution of India

The Constitution of India is a legal document that outlines the political system's framework and the obligations, privileges, and restraints to which this country should adhere.

The Indian Constitution came into force on this date in 1950. Although Dr. Ambedkar is renowned for his significant contribution to the constitution's drafting, 299 people put a lot of effort into making it what it is today.

The Indian constitution is the lengthiest in the world. There are 25 parts, 448 articles, and 12 schedules in it. The people who wrote the constitution had to pay attention to even the most minor details because our country is vast, with many different cultures, castes, religions, and states.

200 Words Essay On Constitution of India

The Indian constitution is a document which contains the framework of our political system, the duties, rights, limitations, and structure of government that we should follow in this nation. In addition, it lays out the rights and obligations of Indian citizens. In India, nobody, not even the prime minister or the president, can violate the constitution.

Republic Day | India celebrates Republic Day on January 26 every year. This day is remembered as when the Indian Constitution became effective in 1950. Dr. Ambedkar played a significant role in drafting the constitution, but 299 others prominently contributed to its creation.

Length | The Indian constitution is the lengthiest in the world. It has 448 articles organised into 25 parts and 12 schedules. The drafting and enforcement of the constitution were democratic processes. It protects the fundamental rights of every Indian.

Provisions | The constitution divides the strengths of three governmental institutions: the executive, judiciary, and legislature. This means that the Indian Constitution advocates for a federal government. According to the Preamble, the country's unity and integrity must be safeguarded by achieving justice, liberty, and equality for all people. State governments and the central government share government powers. The constitution says India is a republic, meaning no dictator or king governs it. Individuals are the public authority. Citizens elect their leaders every five years.

500 Words Essay on The Constitution of India

The longest constitution of any sovereign state in the world, the Indian Constitution offers a comprehensive framework for governing the nation while considering its diversity in social, cultural, and religious beliefs.

Constituent Assembly

The members of the provincial assemblies chosen by the Indian people formed the Constituent Assembly of India, which drafted the constitution. Dr Sachidanand Sinha presided over the Constituent Assembly as its first president. Later, Dr Rajendra Prasad was chosen to serve as its leader.

Length Of The Constitution

The Indian Constitution is the world's longest-written constitution for any sovereign nation and is a unique document with many extraordinary features. The constitution's original text had 395 articles divided into 25 parts and 12 schedules. It became effective on January 26, 1950, and India celebrated Republic Day. Since then, 100 amendments have brought the total number of articles to 448.

Drafting Of The Constitution

The Indian Constitution, which offers a comprehensive and dynamic framework to guide and govern the country while keeping in mind its unique social, cultural, and religious diversity, is credited to Dr BR Ambedkar, chairman of its drafting committee. It creates the three main branches of government—executive, legislative, and judicial—and lays out their respective roles, responsibilities, and powers. It also governs their interactions with one another.

In the Preamble to the Constitution, India is described as a welfare state dedicated to securing justice, liberty, and equality for all citizens and fostering fraternity, the dignity of each person, and the unity and integrity of the country. The Preamble's objectives form the fundamental framework of the Indian Constitution, which cannot be changed. The Preamble's opening and closing clauses, "We, the People... adopt, enact, and give to ourselves this Constitution," indicate that the people ultimately hold the reins of power.

Fundamental Rights

The constitution grants citizens a wide range of fundamental rights. These include the following:

The right to equality

The right to freedom

The right against exploitation

The right to freedom of religion

The right to cultural and educational freedom

The right to constitutional remedies

These rights are actionable in court, and if one is violated, a person may file a petition with the Supreme Court or one of the High Courts. However, there are limitations to India's fundamental rights. It is possible to impose reasonable limitations. Fundamental duties were added to the constitution by the 42nd Amendment in 1976 to remind people that while exercising their rights as citizens, they also have obligations because rights and obligations are correlated.

Directive Principles Of State Policy

The constitution also has a chapter on the ‘Directive Principles Of State Policy’. These serve as instructions to the government on how to put them into practice to establish social and economic democracy in the country.

The fact that the constitution is a living document that can change over time through interpretation or amendment is one of its advantages. To avoid impeding the nation's and its people's progress, it is also among the most frequently amended constitutions in the world.

As a result, the success of the Indian Constitution for a nation as diverse and as complex as India continues to fascinate, astound, and incite experts worldwide.

Applications for Admissions are open.

Aakash iACST Scholarship Test 2024

Get up to 90% scholarship on NEET, JEE & Foundation courses

ALLEN Digital Scholarship Admission Test (ADSAT)

Register FREE for ALLEN Digital Scholarship Admission Test (ADSAT)

JEE Main Important Physics formulas

As per latest 2024 syllabus. Physics formulas, equations, & laws of class 11 & 12th chapters

PW JEE Coaching

Enrol in PW Vidyapeeth center for JEE coaching

PW NEET Coaching

Enrol in PW Vidyapeeth center for NEET coaching

JEE Main Important Chemistry formulas

As per latest 2024 syllabus. Chemistry formulas, equations, & laws of class 11 & 12th chapters

Download Careers360 App's

Regular exam updates, QnA, Predictors, College Applications & E-books now on your Mobile

Certifications

We Appeared in

Talk to our experts

1800-120-456-456

• Constitution of India Essay

Essay on Constitution of India

The Constitution of India is a document containing the framework of the political system, the duties, rights, limitations, and structure of the government that this nation ought to follow. It also spells out the rights and duties of the Indian citizens. Nobody in India - not even the Prime Minister or the President - has the power to do anything that violates the constitutional rule.

Every year, on 26th January, we celebrate Republic Day. It was on this day in 1950 that the Constitution of India became effective. Although Dr Ambedkar is known for his prominent role in drafting the constitution, it was the fruit of the hard work of 299 people. 

How Big Is Our Constitution?

The Indian constitution is the lengthiest constitution in the world. It has 448 articles organised into 25 parts and 12 schedules. Our country is so big with so many cultures, castes and religions, and with so many states that people who drafted the Constitution had to focus on the minutest of detail. Besides, the Constitution has been amended many times and new rules and laws have been added. As a result, the Constitution of India became the lengthiest constitution in the world.

Is Our Constitution Flexible or Rigid?

The beautiful thing about our Constitution is it can be modified if a political party has a supermajority and yet it is not easily modifiable. The Supreme Court has ruled that no provision of the Constitution can be with the aim to destroy that provision. At the same time, nobody has the right to tweak the basic structure of the Constitution. As a result, on one hand, our Constitution remains updated and on the other, no political party with evil intentions can deface it to establish a monopoly.

Crystal clear Notion

Unlike the British constitution, our Constitution is completely written with no ambiguity. It focuses on the minutest aspects of the political, executive and legal systems of the country and it also focuses on the fundamental rights and duties of the citizens of India. 

Federal and Unitary Features

The Indian Constitution prescribes that India should have dual governance - the Centre and the regional states. It also ruled that the country must have the three pillars of democracy - legislative system, executive system and the judiciary. Hence, the Indian Constitution supports a federal structure. However, the Constitution has also given some extra power to the Centre. The Centre has the power to preside over matters that concern both the Centre as well as the states; it has the power to announce an emergency; it can modify the Constitution and the state has no power to oppose that modification. Hence, the Constitution has unitary features too.

By the Indians, for the Indians, of the Indians

The Constitution of India was created by the Indians. There is no foreign hand whatsoever. The due democratic process was followed in the form of debates before enforcing the Constitution. And last but not the least, it stands to protect the fundamental rights of every Indian. 

The Preamble

The Preamble to the constitution is the soul of it. The preamble says that India is a sovereign country - it is ruled and managed by the Indians and Indians only. It further says that India is a secular country. Unlike our neighbouring country, India, all the citizens of the country can practise their religions without any fear. Ours is a socialist country as per the Constitution- that means that her resources are owned by the community of the people - neither by the State nor by private corporations. Lastly, the preamble says that India is a democratic country where the citizens have the right to choose the members of the government.

A constitution is a bunch of rules and guidelines that oversee a nation's administration. The Constitution is the foundation of the nation's democratic and secular structure. The Indian Constitution is the world's longest, describing the foundation for political ideas, procedures, and government authorities. The Indian Constitution was drafted on November 26, 1949, and went into effect on January 26, 1950. Students will learn about the prominent aspects of India's Constitution and how it was developed in this essay about the Indian Constitution.

The Indian Constitution went into force on January 26, 1950. As a result, the 26th of January is observed as Republic Day in India.

How was India's Constitution Created?

After many debates and deliberations, representatives of the Indian people drafted the Indian Constitution. It is the world's most thorough Constitution.

The Indian Constitution was made by a Constituent Assembly, which was formed in 1946. Dr Rajendra Prasad was chosen as the Constituent Assembly's President. A Drafting Committee was formed to design the Constitution, with Dr B.R. Ambedkar served as Chairman. The creation of the Constitution took a total of 166 days, divided across a two-year, eleven-month, and eighteen-day period.

Characteristics of India's Constitution

The Indian Constitution opens with a Preamble that includes the fundamental aims and values of the Constitution. It establishes the Constitution's goals.

The World's Longest Constitution

The Indian Constitution is the world's longest constitution. When it was initiated, it included 395 things isolated into 22 divisions and eight schedules. It now comprises 448 items divided into 25 divisions and 12 schedules. So far, 104 amendments to the Indian Constitution have been made (the last of which took place on January 25, 2020, to extend the reservation of seats for SCs and STs in the Lok Sabha and state assemblies).

The Indian Constitution's Rigidity and Flexibility

One of our Constitution's distinguishing traits is that it is neither as rigorous as the American Constitution. It indicates it is both stiff and flexible. As a result, it may readily change and expand with the passage of time.

The Preamble was eventually included in the Indian Constitution. There is no preface in the original Constitution. The Preamble's declared goals are to achieve justice, liberty, and equality for all people, as well as to foster brotherhood in order to safeguard the nation's unity and integrity.

Federal System with Unitary Characteristics

The government's powers are shared between the central government and the state governments. The powers of three governmental institutions, namely the executive, judiciary, and legislature, are divided under the Constitution. As a result, the Indian Constitution advocates for a federal structure. It has several unitary traits, such as a strong central power, emergency measures, the President appointing Governors, and so on.

Fundamental rights and fundamental responsibilities

The Indian Constitution outlines a comprehensive set of Fundamental Rights for Indian citizens. The Constitution also includes a list of 11 responsibilities for citizens, known as the Fundamental Duties. Some of these responsibilities include respect for the national flag and anthem, the country's integrity and unity, and the protection of public property.

India is a republic, which implies that the country is not ruled by a dictator or king.The public authority is composed of, by, and for individuals. Every five years, citizens propose and elect their leader.

The Constitution provides instructions for all citizens. It aided India in achieving the status of a Republic across the world. Atal Bihari Vajpayee once stated that "governments will come and go, political parties would be created and disbanded, but the country should persist, and democracy should exist indefinitely."

We hope that this article on the "Indian Constitution" was useful to Students. Download the Vedantu App as well to view intriguing study videos.

FAQs on Constitution of India Essay

1.What is the distinction between Fundamental Rights and Fundamental Duties?

Fundamental Rights are human rights granted to Indian people. The Constitution initially established seven essential rights. The 44th Amendment eliminated the right to property from Part III of the Constitution in 1978.

Fundamental Duties were acquainted with the constitution by the 42nd Amendment in 1976, because of the ideas of the Swaran Singh Committee, which was delegated by the public authority.

Fundamental Rights

Part 3 of the Indian Constitution comprises the Fundamental Rights given to the Indian people. Fundamental Rights are addressed in Articles 12-35 of the Indian Constitution.

Fundamental Duties

Article 51-A of Part IV A of the Indian Constitution deals with Fundamental Duties.

2.In India, how many Fundamental duties are there? What are India's seven Fundamental rights?

Originally ten in number, the basic obligations were enlarged to eleven in 2002 by the 86th Amendment, which imposed a responsibility on every parent or guardian to guarantee that their child or ward has access to educational opportunities between the ages of six and fourteen years. The Constitution initially established seven fundamental rights: the right to equality, the right to freedom, the right against double-dealing, the right to strict opportunity, cultural and educational rights, the right to property, and the right to constitutional remedies.

3.Why isn't the right to property a fundamental right?

The right to property was one additional basic right enshrined in the Constitution. The 44th Constitutional Amendment, however, eliminated this right from the list of essential rights.

This was due to the fact that this privilege proved to be an impediment to achieving the aim of socialism and dispersing wealth (property) evenly among the people. Right to property is now a legal right rather than a basic one. 

30,000+ students realised their study abroad dream with us. Take the first step today

Meet top uk universities from the comfort of your home, here’s your new year gift, one app for all your, study abroad needs, start your journey, track your progress, grow with the community and so much more.

Verification Code

An OTP has been sent to your registered mobile no. Please verify

Thanks for your comment !

Our team will review it before it's shown to our readers.

• School Education /

Essay on Indian Constitution in 100, 250, and 350 words

• Updated on  
• Jan 3, 2024

The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world and describes the framework for political principles, procedures and powers of the government. This is just a brief paragraph on the Indian constitution, we have provided samples of essay on Indian Constitution. Let’s explore them!

Table of Contents

• 1 Essay on Indian Constitution in 100 words
• 2 Essay on Indian Constitution in 250 words
• 3 Essay on Indian Constitution in 350 words
• 4 Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens
• 5 The Constitution Defines the Structure and Working of the Government
• 6 Conclusion

Learn more about the Making of Indian Constitution

Essay on Indian Constitution in 100 words

The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Also Read:- Importance of Internet

Essay on Indian Constitution in 250 words

The Indian Constitution was drafted under the chairmanship of Dr. B. R. Ambedkar who is known as the ‘Father of Indian Constitution’. It took almost 3 years to draft the same. Various aspects of the society such as economic, socio-political, etc were taken into consideration while drafting the constitution. While drafting the Indian Constitution, the drafting committee took into consideration various constitutions of other countries such as France, Japan and Britain to seek valuable insights. 

The Fundamental Rights and Duties of the Indian Citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India, all were included in the Indian Constitution. Every policy, duty and right has been explained at length in the Indian Constitution hence making it the lengthiest written constitution in the world. 

There were more than 2000 amendments that had to be made to the Indian Constitution to get it approved. The same was adopted on November 26th, 1949 and was enforced on January 26th, 1950. From that day onwards, the status of India changed from “Dominion of India” to “Republic of India”. And that is why since then, 26th January is celebrated as the Republic Day. On this occasion, the National Flag of India is hoisted at various places across the nation and the National Anthem is sung to rejoice the day. There is a special day that is dedicated to the Indian Constitution known as the ‘National Constitution Day’ that came into existence in 2015. 

Also Read:- Essay on Pollution

Essay on Indian Constitution in 350 words

The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The duties and the Fundamental Rights of the Indian citizens have been clearly stated and defined in the Constitution of India. The Fundamental Rights include:

• The Right to Equality
• The Right to Freedom
• The Right to Freedom of Religion
• Cultural and Educational Rights
• Right Against Exploitation
• Right to Constitutional Remedies

These are the basic rights and all the citizens across the country are entitled to the same irrespective of their colour, caste, creed, or religion.

Fundamental Duties of the Indian CItizens that are included in the Indian Constitution are:-

• Respecting the Constitution of India
• To always honour the National Anthem and the National Flag
• To protect the unity
• Preserving the heritage of the county
• Protecting the integrity and sovereignty of India
• Promoting the spirit of brotherhood
• To have compassion for living creatures
• To strive for excellence 
• To protect public property and contribute your bit to maintaining peace

These are also mentioned in detail in the Indian Constitution. 

The Constitution Defines the Structure and Working of the Government

The working of the Government as well as its structure is also mentioned in detail in the Indian Constitution.  The Indian Constitution mentions that India has a parliamentary system of government that is present at the centre as well as in states. The power to take major decisions lies with the Prime Minister and the Union Council of Ministers. The president of India on the other hand, has nominal powers.

Also Read: Essay on Human Rights

The Constitution of India was approved after several amendments by Dr. B. R. Ambedkar who, along with his team of six members, was a part of the drafting committee that came up with the Indian Constitution.

Ans: The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Ans: The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world. And describes the framework for political principles, procedures and powers of the government.

Ans: The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

Related Reads:-

This brings us to the end of our blog on Essay on Indian Constitution. Hope you find this information useful. For more information on such informative topics for your school, visit our essay writing and follow Leverage Edu.

Deepansh Gautam

Leave a Reply Cancel reply

Save my name, email, and website in this browser for the next time I comment.

Contact no. *

Connect With Us

30,000+ students realised their study abroad dream with us. Take the first step today.

Resend OTP in

Need help with?

Study abroad.

UK, Canada, US & More

IELTS, GRE, GMAT & More

Scholarship, Loans & Forex

Country Preference

New Zealand

Which English test are you planning to take?

Which academic test are you planning to take.

Not Sure yet

When are you planning to take the exam?

Already booked my exam slot

Within 2 Months

Want to learn about the test

Which Degree do you wish to pursue?

When do you want to start studying abroad.

January 2024

September 2024

What is your budget to study abroad?

How would you describe this article ?

Please rate this article

We would like to hear more.

Have something on your mind?

Make your study abroad dream a reality in January 2022 with

India's Biggest Virtual University Fair

Essex Direct Admission Day

Why attend .

Don't Miss Out

Essay on Indian Constitution

Students are often asked to write an essay on Indian Constitution in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Indian Constitution

Introduction.

The Indian Constitution is the supreme law of India, providing the framework for political principles, procedures, and powers. It was adopted on 26th November 1949 and came into effect on 26th January 1950.

The Constitution of India is unique due to its features like Preamble, Fundamental Rights, Directive Principles, and Fundamental Duties. It safeguards the rights of citizens and maintains a balance of power among different government branches.

The Constitution has been amended 104 times to cope with emerging needs. However, the basic structure remains untouched, preserving the democratic values it was built upon.

The Indian Constitution is a living document, continually evolving to meet the needs of the nation. It is the backbone of India’s democracy and the protector of its citizens’ rights.

Also check:

• 10 Lines on Indian Constitution
• Paragraph on Indian Constitution
• Speech on Indian Constitution

250 Words Essay on Indian Constitution

The preamble and philosophy.

The Indian Constitution, adopted on 26th January 1950, serves as the backbone of India’s democratic polity. Its preamble expresses the philosophy of ‘Justice, Liberty, Equality, and Fraternity’, setting the tone for the nation’s governance.

Structure and Provisions

The Constitution, the world’s lengthiest written constitution, comprises 470 articles divided into 25 parts with 12 schedules. It provides a comprehensive framework for the three branches of government: the Legislature, Executive, and Judiciary. It also outlines Fundamental Rights and Duties, and the Directive Principles of State Policy, ensuring the protection of individual rights and promoting social welfare.

Amendability and Flexibility

The Indian Constitution is a living document with a blend of rigidity and flexibility. It allows for amendments to adapt to changing times, as evidenced by the 104 amendments made so far. Yet, it also maintains stability by making the amendment process rigorous.

Secularism and Federalism

The Constitution enshrines India as a secular state, providing for freedom of religion and upholding the principle of non-interference in religious matters by the state. It also establishes a quasi-federal form of government, balancing power between the centre and the states.

Significance and Challenges

The Constitution’s significance lies in its role as the guardian of democracy and individual rights. However, it also faces challenges like judicial activism, political instability, and regional imbalances. Addressing these issues is crucial for the continued success of the Constitution.

In conclusion, the Indian Constitution is a dynamic, comprehensive, and inclusive document that guides the nation’s democratic journey while constantly adapting to societal changes.

500 Words Essay on Indian Constitution

The Indian Constitution, a comprehensive document of 395 Articles and 12 Schedules, is the world’s longest written constitution. It is not just a legal framework for governance but also a reflection of the nation’s social, political, and cultural ethos. The Constitution of India is a living document that has evolved over time through various amendments to meet the changing needs of the society.

Genesis of the Indian Constitution

The Constitution of India was born out of the struggle for freedom from British rule. The demand for a constitution drafted by representatives of the Indian people was first raised in 1934. The Constituent Assembly, formed in 1946, was entrusted with the task of drafting the constitution. The Assembly was a microcosm of the diversity of India, with members from different regions, religions, and social backgrounds. After nearly three years of deliberation, the Constitution was adopted on November 26, 1949, and came into effect on January 26, 1950.

Features of the Indian Constitution

The Indian Constitution is a unique blend of rigidity and flexibility. It is rigid in the sense that it requires a special procedure for its amendment, ensuring stability and continuity. However, it is also flexible as it allows for amendments to adapt to changing conditions.

The Constitution declares India to be a sovereign, socialist, secular, and democratic republic. It guarantees justice, liberty, equality, and fraternity for its citizens. It provides for a parliamentary form of government, which is federal in structure with unitary features.

The Constitution also incorporates a comprehensive list of fundamental rights, which are enforceable in the courts of law. It lays down the Directive Principles of State Policy, which are non-enforceable but fundamental in the governance of the country.

The Preamble: The Soul of the Constitution

The Preamble to the Constitution succinctly encapsulates the philosophy and ideals that the Constitution seeks to achieve. It serves as a guiding light, setting the path for the interpretation of the Constitution.

Amendments to the Constitution

The Constitution of India has been amended 104 times since its inception. These amendments reflect the dynamism of the Constitution, allowing it to evolve with the changing needs of society. The amendment process, while maintaining the sanctity of the Constitution, ensures that it remains relevant in a rapidly changing world.

The Indian Constitution, with its comprehensive and inclusive nature, serves as the backbone of the world’s largest democracy. It provides a framework for governance while upholding the values of justice, liberty, equality, and fraternity. The Constitution is a testament to the vision of the founding fathers and the resilience of the Indian people. It is a living document, evolving with the times, and continues to guide the nation towards a more equitable and just society.

That’s it! I hope the essay helped you.

If you’re looking for more, here are essays on other interesting topics:

• Essay on Future of English in India
• Essay on Food Security in India
• Essay on Digital Payment in India

Apart from these, you can look at all the essays by clicking here .

Happy studying!

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

constitutional Values and their Significance

“Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age.”                                                                                                                            -BR Ambedkar.

Through these deep and insightful words, Dr BR Ambedkar, the pioneer of nation-building, portrays the real value and significance the Constitution carries for our land. It is the structure on which a nation stands and grows. It is the framework which binds together the people and the government. ‘People’ is kept as the core of the Indian Constitution, as the Preamble itself starts with “WE THE PEOPLE OF INDIA.” There are certain values enshrined in our Constitution which make it really unique. Today, after completing 75 years of Independence, India stands as a prominent and potential superpower of the world, ranking among the top economies and is known as the largest democracy in the world. But how far are we successful in actually realizing and respecting those “values” today? So, in this blog, we will discuss and analyze “Constitutional Values” and their significance concerning India.

UNDERSTANDING CONSTITUTIONAL VALUES

The momentous “Objectives Resolution” was introduced to the Constituent Assembly by Jawaharlal Nehru on December 13th, 1946. In his speech that day, he said “We are not going just to copy. The system of government established in India had to fit in with the temper of our people and be acceptable to them.” Such was the vision behind the formation of ‘The supreme body of law.” Our Constitution embodies and enshrines more than merely a simple set of essential laws that serve as the bedrock of our nation’s governance. It encapsulates certain fundamental values, principles, and goals that were very precious to our founding fathers. But what does ‘value’ basically mean? A layman’s definition of value is that which is “very essential and worth having ” for the sustainability of human civilization as a whole.

The preamble is a key to opening and exploring the essence of our Constitution and expresses values such as sovereignty, socialism, secularism, democracy, republican character, justice, liberty, equality, fraternity, human dignity and the unity and integrity of the Nation , some of which are addressed below concerning today’s scenario.

SOVEREIGNTY

By calling India a “sovereign,” The Preamble enunciates total political freedom. Our country is the sole governor of its internal matters. A country cannot be called free if it is not able to determine and take decisions without any external interference. Sovereignty is an incredibly significant value for the state.

Although perceived as an absolute term, sovereignty is subject to evolvement from the concept of complete freedom to limitations put on states by international laws and concepts developed with time. Factors such as globalism, interdependence and co-operation between nation-states, the United Nations, international criminal jurisdiction, rules of warfare and weaponry, human rights, democracy, and minority groups can be ascribed to this change. Talking about affairs concerning sovereignty in the contemporary world, the ongoing Russia-Ukraine war can be mentioned. UN Secretary-General said that Russia is in ‘violation of Ukraine’s territorial integrity and sovereignty .’ Meanwhile, China, which iterated that ‘sovereignty’ is its dream, appears disrespectful on many occasions. From Hong Kong and Taiwan to the East and South China Seas—and the rugged Himalayan border with India, China has always put instances of its scornful approach towards sovereignty. To ensure that the sovereignty of the nation is upheld in a true sense at all levels of society, every country needs to further strengthen its standards across sectors matching the global practices.

India has been a place inherent to social and economical inequalities. Thus, to consolidate her place as a nation where socialism prevails, the term ‘socialist’ was added to the Preamble by the 42 nd amendment in the year 1976 with the purview of abolishing social and economic differences thus taking India forward on the path of social advancement establishing economic equality among people. India has a mixed economy, neither completely socialist nor economical. A political and economic system based on public ownership and production is socialist. It was very much prevalent during the 50s and 60s. Capitalism is an economic system in which private individuals or businesses own capital goods. Here private companies are in the driving seat as they run and control the market by competing with each other. India is a country where most people depend on government programmes, schemes, and jobs for their livelihood. If the private sector takes control of the economy, it would surely result in the deprivation of facilities for the underprivileged ones as they will not be able to afford them. Recent years have witnessed a surge in privatization and capitalization, citing the ford of more efficiency and productivity.

Secularism is one of the most important values that our Constitution enshrines. We proudly say that almost every religion found in the world is practised in India.. Although the word ‘secular’ too was inserted in the Constitution by the 42 nd Amendment enacted in 1976, the SC in the 1994 case S.R. Bommai vs. The Union of India established that India was a secular nation since the formation of the republic. Today, ‘secularism’ is a hot topic in India. Political parties are trying to fill up their vote banks by instigating religious sentiments and naming it ‘nationalism.’ hat secularism counts for is to bring India together on a developed and non-religious front, so that we unite and focus on having a brighter and peaceful future together. It will be even more pleasing to hear that India is the most ‘secular and peaceful country.’

Enshrined in the Preamble of the Constitution, Liberty lies at the heart of not only the constitution but also the lives of the people. Article 21 quotes that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thereby, Article 21 assures two rights- Right to life and Right to personal liberty.  From independence to date, our nation has come a long way in terms of liberty. From unshackling oneself from British rule to actively participating in matters of national importance, the definition of liberty has evolved. Triple Talaq, Farm Laws, CAA, NRC, the revocation of Article 370, and so on, Indians have actively voiced their opinions in favour & against the laws. Some of these rulings have been watershed moments in Indian history because they had a direct say on the identities of the citizens. While sometimes, the minds of the public prevailed, other times the government forsaken the liberty rights of the citizens and went on with what some people called fascist verdicts. A total of 548 persons have been arrested between 2015 and 2020, according to the National Crime Records Bureau (NCRB). And surprisingly, just 7 could be arrested on sedition charges. People who get arrested are mainly writers, poets, activists, leaders of the opposition, and even comedians. The number keeps on rising, especially when there is a new civil or criminal ruling. The bigger question is not whether it is under threat or not but what liberty means to us, the liberty that we have earned in all these years.

The Constitution of India provides for the provisions of equality from Articles 14-18. It is one of the six fundamental rights cited in Part III of the Constitution.  From the prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth to the equality of opportunities in public employment, this right is the lifeline of all the citizens of the country. The right to equality is a principal element in a democratic setup. But equality alone is a hollow vessel. It exists only when it stands on social, economical, political, and educational grounds. Our nation has done a tremendous job in eliminating the social inequalities that existed before independence. But what about economic equality? The nation that our forefathers dreamed of was based on an ideal socialistic model. Today, India seems to be strutting towards capitalism. In India where the per capita income might be one of the highest in the continent, where the economy might be functioning in top gear; yet the stark differences between the rich & the poor. Quality education that is said to be not a privilege but a basic right is turning out to be one of those elements belonging to the hegemony of the privileged. Our country boasts of one of the youngest populations and sadly, it is also one of those countries that churn out the most inefficient graduates.

 As per Dr B.R. Ambedkar, Fraternity can be defined as “a sense of common brotherhood and sisterhood among all Indians”. He said that liberty & equality will not hold any value if the element of fraternity is missing. The Constitution of India ensures the spirit of fraternity by providing for single citizenship for the citizens. It is supposed to be the roots of the nation’s dignity & oneness.  Even though our nation got partitioned on religious grounds at the culmination of the war of independence, one cannot escape the fact that we for this independence as one.  But today, it is so unfortunate to find the country separated on the lines of religion, caste & even language. The diversity that has always been a matter of honour for us, is now becoming a reason for discord. It is crucial to binding the country in the fibres of the fraternity until it is too late.

Author(s) Name: Rtwij Ranjan (Savitribai Phule Pune University, Pune)

Constitution of India Essay in English

The constitution of our country is the ultimate shield against all forms of abuse and enabler of powers and rights for Indians. It provides direction to the polity, society and citizenry of India to strive for excellence in the collective conduct and individual behaviour.

Essentially it governs how the government and people interact with each other. After Independence, a constituent assembly was formed to create a document installing the national aims and aspirations as a newly independent country.  

Consequently, they drafted a legal document that encompasses national values and goals. Officially our constitution was enacted on 26 January 1950. 

India constitution stipulates the limits all form of governance and authority, be it state, judiciary or private entities. Due to its detailed nature, it is also the world’s most capacious constitution. Our constitution incorporated inspirations and various provisions from diverse sources.

It has stipulations and adoptions from the Government of India Act (1935), the US constitution, the UK constitution, from countries like USSR, Japan etc. This tradition has been a constant it has always been an organically growing entity, liable to change in light of changing aspirations and circumstances. 

Over the years, the modifications (amendment, repeal etc) have changed the overall nature of our polity adding the descriptions like socialist and secular (42 nd amendment, 1976). 

In terms of governance, it contains information regarding the nature and constitution of the three organs, namely: the legislature (law-making), executive (law enforcing) and judiciary (law maintaining). The state or territory of India, according to the constitution, is a union of different smaller states and union territories (and acquired territories like annexation, enclaves).

These subunits have their own governmental architecture culminating in local administration bodies like panchayats and municipal corporations. This symbiotic relationship is called cooperative federalism.

However, in certain circumstances like war etc. a state of emergency brings the entire nation under one government i.e. the Union. The executive head of the country is the President while the legislature is represented by the Parliament. 

The Judicial system has Supreme Court at its apex and the legislature is constituted with two sub-houses- Lok Sabha (directly elected and nominated parliamentarians) and Rajya Sabha (Indirectly elected+nominated parliamentarians).

Related Posts:

• Random Job Generator [List]
• Goblin Market Poem by Christina Rossetti Summary, Notes and Line by Line Explanation in English
• A Grammarian's Funeral by Robert Browning Summary
• Random Ability Generator Pokemon
• Stri Purush Tulana by Tarabai Shinde Analysis
• Random Occupation Generator

Essay on Constitution of India in English for Children and Students

Table of Contents

Essay on Constitution of India: The constitution of India became effective on 26 th January 1950; though it was adopted by the Constituent Assembly on 26 th November 1949. It was written by a drafting committee headed by Dr. B. R. Ambedkar. Therefore it is the longest written constitution that defines the power, procedures and responsibilities of the government institutions of India and gives detailed account of the fundamental rights and duties of the citizens of our country.

Fill Out the Form for Expert Academic Guidance!

Please indicate your interest Live Classes Books Test Series Self Learning

Verify OTP Code (required)

I agree to the terms and conditions and privacy policy .

Fill complete details

Target Exam ---

The original Indian Constitution is hand written, calligraphed and also the lengthiest Constitution in the world. The Constitution of India is the supreme law of India drafted by the Constituent Assembly, superior even to the Parliament, as it cannot over rides it. With the Constitution coming into effect, India’s status from “Dominion of India” was changed to the “Republic of India”.

Long and Short Essay on Constitution of India in English

Here are long and short essay on Constitution of India to help you with the topic in your exam.

After going through the Constitution of India essay you will know about the features of Constitution, who was in the drafting committee of the constitution, which other constitutions is the Indian constitution inspired from, how long does it took to draft the Constitution, and other facts of the Constitution of India.

However you can use these essays in your school’s essay writing competition, debate competition or other similar events.

Short Essay on Constitution of India in 200 words

The Constitution of India drafted under the chairmanship of Dr. B. R. Ambedkar who known as the Father of the Indian Constitution. It took almost three years to draft the Constitution. Various socio-political and economic aspects of the society were taken into consideration while drafting the Constitution. The drafting committee also referred to the Constitutions of various other counties including Britain, France and Japan to seek valuable inputs.

The Constitution of India includes the Fundamental Rights and Duties of the citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India. Every policy, right and duty has explained at length in the Indian Constitution thereby making it the longest written Constitution in the world.

More than 2000 amendments had to made in the Constitution of India in order to get it approved. It was adopted on 26th November 1949 and enforced completely on 26 th January 1950. This was the day when our country began to be known as the Republic of India. 26 th January is since then celebrated as the Republic Day. The Indian National Flag is hoisted at various places across the country and the National Anthem is sung to rejoice the day. National Constitution Day, a special day dedicated particularly to the Indian Constitution, came into being in 2015.

Essay on Importance of Constitution of India in 300 words

The Constitution of India is known to the supreme document that gives a detailed account of what the citizens of India can and also cannot do. It has set a standard that needs to followed to ensure law and order in the society and also to help it develop and prosper.

Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The fundamental rights and duties of the Indian citizens have clearly defined in the Constitution of the country. However the Fundamental Rights of the Indian citizens include the Right to Equality, Right to Freedom, Right to Freedom of Religion, Cultural and Educational Rights, Right against Exploitation, Right to Constitutional Remedies. Therefore these are the basic rights that all the citizens of the country entitled to irrespective of their caste, colour, creed or religion.

Some of the fundamental duties of an Indian citizen are to respect the constitution, honour the national flag and national anthem, protect the unity, preserve the heritage of the country, protect the integrity and sovereignty of India, promote the spirit of brotherhood, have compassion for living creatures, strive for excellence, protect public property and contribute his/ her bit in maintaining peace. These also mentioned at length in the Indian Constitution.

Constitution Defines the Structure and Working of the Government

The structure and working of the government also stated at length in the Constitution of India. The Constitution mentions that India has a parliamentary system of government. This system is present at the centre as well as in the states. The Prime Minister and the Union Council of Ministers have the power to take all the major decisions. The President of India, on the other hand, has nominal powers.

Dr. B.R. Ambedkar along with his team of six members who were a part of the drafting committee came up with the Constitution of India. The Constitution approved after several amendments. Many amendments have also done after the enforcement of the Constitution.

Essay on Formation of Constitution of India in 400 words

The Constitution of India came into form on 26 th November 1949. A special committee formed to draft the Constitution that gives a detailed account of the practices that are deemed lawful and those deemed unlawful and are punishable. Therefore the Constitution was enforced on 26 th January 1950. With the enforcement of the Constitution, our country came to be known as the Republic of India.

Special Drafting Committee for the Constitution of India

The task of drafting the Constitution of India was that of great responsibility. The Constituent Assembly set up a special drafting committee to further this work. There were seven members in the drafting committee. These included prominent Indian leaders namely, B.R. Ambedkar, B.L. Mitter, K.M. Munshi, N. Gopalaswami Ayengar, Alladi Krishnaswami Ayyar, DP and Mohammad Saadullah. Dr. B.R. Ambedkar headed the drafting committee. Ambedkar referred to as the Father of the Indian Constitution. This is because it was under his guidance and supervision that this big draft came into form.

Indian Constitution – Inspired by Constitutions of Other Countries

The constitution of India drew inspiration from the constitutions of various other countries. Many of the concepts and acts included in our constitution borrowed from the constitutions of countries such as France, Germany, Japan, Australia, USA, Britain, Ireland, Russia and South Africa.

The drafting committee of the Indian Constitution also referred to the Government of India Act 1858, the Government of India Act 1919 and 1935 and the Indian Independence Act 1947 to get an idea about the acts and features to be included in the Constitution. These previous acts helped the committee understand the condition and requirement of the citizens of the country. Our Constitution thus often referred to as the bag of borrowings. It consisted of as many as 395 articles, 22 parts and 8 schedules at the time of its enactment. It handwritten and calligraphed.

After putting in immense efforts when the drafting committee presented the final draft of the Constitution of India, it suggested to make several amendments. The committee sat together to make more than 2000 amendments to get the Constitution approved. The members conducted several discussions to make appropriate amendments for getting the approval. 284 members of the Constituent Assembly of India signed the Constitution to give their approval on the same. This done two days before the enforcement of the constitution.

The Constitution of India is a massive piece of writing that includes a detailed account of the dos and don’ts for the Indian system. It has undergone around 100 amendments since it came into form.

Essay on Constitution of India in 500 words

Constitution of india – the supreme power of country.

The Constitution of India rightly said to the supreme power of the country. The laws, codes, rights and duties mentioned in the Indian Constitution need to followed strictly by the citizens of the country. Therefore the decisions made in the parliament and Supreme Court of India are all based on the laws and codes defined in the Constitution of India. Parliament of India does not have the power to override the constitution.

Dr. B. R Ambedkar – The Chief Architect of Indian Constitution

Dr. B. R. Ambedkar headed the drafting committee formed to write the Constitution of India. He was the chairman of this committee. He contributed immensely in the formation of the Constitution by giving several valuable inputs and thus came to be known as the chief architect of the Constitution of India. There were six other members in the drafting committee which formed by the Constituent Assembly of India. These members worked under the guidance of Dr. Ambedkar.

Constitution of India Replaced Government of India Act

The Government of India Act, 1935 acted as the fundamental governing document of India until the formation of the Constitution of India. The Constituent Assembly of India adopted the Constitution of India in November 1949. Many of the articles of the Constitution came into force at that time. The Constitution effectively enforced on 26 th January 1950 which came to known as the Indian Republic Day. The remaining articles became effective on this date. Our country which until then called the Dominion of the British Crown thereafter came to known as the Sovereign Democratic Republic of India.

Special Days to Celebrate the Constitution of India

The formation and enforcement of Indian Constitution celebrated at a grand scale on the Republic Day each year. Republic Day is a national holiday in the country. A massive event organized at India Gate, New Delhi on Republic Day to honour the Constitution of the country. The constitutional head of India, i.e., its president hoists national flag at Rajpath. The Prime Minister and President of India and several Chief Ministers of different states of the country are present at the event. Parades by school kids and armed forces held on Rajpath. School children also perform dances and other cultural acts. Parade of beautiful tableau displaying the culture of various Indian states also held during the event.

Several small events organized at different offices and schools throughout the country to commemorate the Indian Constitution. Painting, essay and music competitions held in schools in addition to colleges. Patriotic songs sung and aslo speeches about the Constitution of India delivered.

National Constitution Day

In the year 2015, Indian Prime Minister, Narendra Modi, gave the suggestion to dedicate an exclusive day to our constitution. Since the Indian Constitution adopted on 26 th November 1949, this date chosen to honour the constitution. 26 th November celebrated as the National Constitution Day since 2015.

Many small and big events organized in schools, colleges and government institutions across India on this day. The importance of the Indian Constitution emphasized during these events. Patriotic songs sung and cultural activities organized to celebrate the day.

The Constitution of India has prepared with precision considering the interest of the common man as well as the overall interest of the country. It is a gift for the citizens of our country.

Long Essay on Constitution of India (600 words)

Introduction

Enforced on 26 th January 1950, the Constitution of India prepared by a committee consisting of seven members headed by Dr. B. R. Ambedkar. It guides the citizens of India, the country’s government bodies and other authorities to act in the right manner. However it has played a significant role in maintaining peace and prosperity in the country.

Salient Features of the Constitution of India

Here are the top salient features of the constitution of India:

Longest Written Constitution

The Constitution of India the longest written constitution in the world. It took almost three years to write this detailed constitution. However it has a preamble, 448 articles, 25 groups, 12 schedules and 5 appendices. It is much lengthier than the US Constitution that includes only 7 Articles.

Amalgamation of Rigidity and Flexibility

The Constitution of India is a mix of rigidity and flexibility. While it is the supreme power that needs to followed diligently to maintain law and order in the country, the citizens can appeal to amend the provisions they deem outdated or stern. While certain provisions can amended with some difficulty others are easy to amend. As many as 103 amendments have done in the Constitution of our country since its enforcement.

The Preamble

The well drafted Preamble of the Indian Constitution gives a detailed account of the philosophy of the constitution. It states that India is a Sovereign Socialist Secular Democratic Republic. It is a welfare state which puts its people first. However it believes in equality, freedom and justice for its people. While democratic socialism followed right from the beginning, the term Socialism added only in 1976.

India – A Secular State

The Constitution has declared India a secular state. Therefore India does not give special status to any religion. It provides its citizens complete freedom to choose their religion. It condemns religious groups instigating people in the name of religion.

India – A Republic

The Constitution declares India to be a Republic. Therefore the country not ruled by a nominated head or monarch. It has an elected head called the President. The President, elected indirectly by the people of the country, comes to power for a period of 5 years.

India – A Mix of Federalism and Unitarianism

The Constitution describes India as a federal structure with many unitary features. It referred to as a Quasi-Federation or a Unitarian Federation. Just like a federation, India has divided power among the centre and states. It has a dual administration system. It has a written, supreme constitution that needs to followed religiously. Therefore it includes an independent judiciary embedded with the power to decide centre-state disputes. At the same time it has unitary features such as a strong common constitution, common election commission and emergency provisions to name a few.

Fundamental Duties of Citizens

The Constitution of India clearly states the fundamental duties of its citizens. Some of these are to upload and protect the sovereignty, unity and integrity of India, respect the national flag and the national anthem, preserve the rich heritage of the country, protect the natural environment, safeguard public property and treat everyone equally.

Directive Principles of the State Policy

The Directive Principles of the State Policy also mentioned in the Constitution of India. These principles are basically the guidelines provided to the state to further socio-economic development aims via its policies.

The Constitution of India serves as a guiding light for its citizens. Therefore everything well-defined in the Indian Constitution. It has helped India attain the status of a Republic. Dr. B. R. Ambedkar and the members of the drafting committee of the Indian constitution have indeed done a commendable job for which they will always remembered.

Essay on Constitution of India FAQs

What is indian constitution short note.

The Indian Constitution is a written document that outlines the framework and rules for governing India. It defines the powers, duties, and responsibilities of the government and its citizens.

What is constitution in 100 words?

A constitution is a set of fundamental principles or established precedents that a state or organization is governed by. It outlines the structure of government, establishes rights and freedoms, and provides the framework for laws and institutions.

What is constitution 10 lines?

A constitution is a written document that sets the basic rules for governing a country. It defines the structure of the government, allocates powers among different entities, protects the rights of citizens, and establishes the legal framework for the nation.

What is the Constitution of India?

The Constitution of India is the supreme law of the country. It lays down the framework that defines the political principles, establishes the structure, procedures, powers, and duties of the government institutions, and sets out fundamental rights and duties of citizens.

Who started Constitution of India?

The drafting committee for the Constitution of India was chaired by Dr. B.R. Ambedkar. He played a pivotal role in shaping and finalizing the Constitution.

Related content

Talk to our academic expert!

Language --- English Hindi Marathi Tamil Telugu Malayalam

Get access to free Mock Test and Master Class

Register to Get Free Mock Test and Study Material

Offer Ends in 5:00

Constitution of India Essay

The constitution of India became effective on 26 th  January 1950; though it was adopted by the Constituent Assembly on 26 th November 1949. It was written by a drafting committee headed by Dr. B. R. Ambedkar. It is the longest written constitution that defines the power, procedures and responsibilities of the government institutions of India and gives detailed account of the fundamental rights and duties of the citizens of our country.

The original Indian Constitution is hand written, calligraphed and also the lengthiest Constitution in the world. The Constitution of India is the supreme law of India drafted by the Constituent Assembly, superior even to the Parliament, as it cannot over rides it. With the Constitution coming into effect, India’s status from “Dominion of India” was changed to the “Republic of India”.

Long and Short Essay on Constitution of India in English

Here are long and short essay on Constitution of India to help you with the topic in your exam.

After going through the Constitution of India essay you will know about the features of Constitution, who was in the drafting committee of the constitution, which other constitutions is the Indian constitution inspired from, how long does it took to draft the Constitution, and other facts of the Constitution of India.

You can use these essays in your school’s essay writing competition, debate competition or other similar events.

Short Essay on Constitution of India (200 words)

The Constitution of India was drafted under the chairmanship of Dr. B. R. Ambedkar who is known as the Father of the Indian Constitution. It took almost three years to draft the Constitution. Various socio-political and economic aspects of the society were taken into consideration while drafting the Constitution. The drafting committee also referred to the Constitutions of various other counties including Britain, France and Japan to seek valuable inputs.

The Constitution of India includes the Fundamental Rights and Duties of the citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India. Every policy, right and duty has been explained at length in the Indian Constitution thereby making it the longest written Constitution in the world.

More than 2000 amendments had to be made in the Constitution of India in order to get it approved. It was adopted on 26th November 1949 and was enforced completely on 26 th January 1950. This was the day when our country began to be known as the Republic of India. 26 th January is since then celebrated as the Republic Day. The Indian National Flag is hoisted at various places across the country and the National Anthem is sung to rejoice the day. National Constitution Day, a special day dedicated particularly to the Indian Constitution, came into being in 2015.

Essay on Importance of Constitution of India (300 words)

Introduction

The Constitution of India is known to be the supreme document that gives a detailed account of what the citizens of India can and cannot do. It has set a standard that needs to be followed to ensure law and order in the society and also to help it develop and prosper.

Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The fundamental rights and duties of the Indian citizens have clearly been defined in the Constitution of the country. The Fundamental Rights of the Indian citizens include the Right to Equality, Right to Freedom, Right to Freedom of Religion, Cultural and Educational Rights, Right against Exploitation, Right to Constitutional Remedies. These are the basic rights that all the citizens of the country are entitled to irrespective of their caste, colour, creed or religion.

Some of the fundamental duties of an Indian citizen are to respect the constitution, honour the national flag and national anthem, protect the unity, preserve the heritage of the country, protect the integrity and sovereignty of India, promote the spirit of brotherhood, have compassion for living creatures, strive for excellence, protect public property and contribute his/ her bit in maintaining peace. These are also mentioned at length in the Indian Constitution.

Constitution Defines the Structure and Working of the Government

The structure and working of the government is also stated at length in the Constitution of India. The Constitution mentions that India has a parliamentary system of government. This system is present at the centre as well as in the states. The Prime Minister and the Union Council of Ministers have the power to take all the major decisions. The President of India, on the other hand, has nominal powers.

Dr. B.R. Ambedkar along with his team of six members who were a part of the drafting committee came up with the Constitution of India. The Constitution was approved after several amendments. Many amendments have also been done after the enforcement of the Constitution.

Essay on Formation of Constitution of India (400 words)

The Constitution of India came into form on 26 th November 1949. A special committee was formed to draft the Constitution that gives a detailed account of the practices that are deemed lawful and those deemed unlawful and are punishable. The Constitution was enforced on 26 th January 1950. With the enforcement of the Constitution, our country came to be known as the Republic of India.

Special Drafting Committee for the Constitution of India

The task of drafting the Constitution of India was that of great responsibility. The Constituent Assembly set up a special drafting committee to further this work. There were seven members in the drafting committee. These included prominent Indian leaders namely, B.R. Ambedkar, B.L. Mitter, K.M. Munshi, N. Gopalaswami Ayengar, Alladi Krishnaswami Ayyar, DP and Mohammad Saadullah. Dr. B.R. Ambedkar headed the drafting committee. Ambedkar is referred to as the Father of the Indian Constitution. This is because it was under his guidance and supervision that this big draft came into form.

Indian Constitution – Inspired by Constitutions of Other Countries

The constitution of India drew inspiration from the constitutions of various other countries. Many of the concepts and acts included in our constitution are borrowed from the constitutions of countries such as France, Germany, Japan, Australia, USA, Britain, Ireland, Russia and South Africa.

The drafting committee of the Indian Constitution also referred to the Government of India Act 1858, the Government of India Act 1919 and 1935 and the Indian Independence Act 1947 to get an idea about the acts and features to be included in the Constitution. These previous acts helped the committee understand the condition and requirement of the citizens of the country. Our Constitution is thus often referred to as the bag of borrowings. It consisted of as many as 395 articles, 22 parts and 8 schedules at the time of its enactment. It was handwritten and calligraphed.

After putting in immense efforts when the drafting committee presented the final draft of the Constitution of India, it was suggested to make several amendments. The committee sat together to make more than 2000 amendments to get the Constitution approved. The members conducted several discussions to make appropriate amendments for getting the approval. 284 members of the Constituent Assembly of India signed the Constitution to give their approval on the same. This was done two days before the enforcement of the constitution.

The Constitution of India is a massive piece of writing that includes a detailed account of the dos and don’ts for the Indian system. It has undergone around 100 amendments since it came into form.

Essay on Constitution of India (500 words)

Constitution of India – The Supreme Power of Country

The Constitution of India is rightly said to be the supreme power of the country. The laws, codes, rights and duties mentioned in the Indian Constitution need to be followed strictly by the citizens of the country. The decisions made in the parliament and Supreme Court of India are all based on the laws and codes defined in the Constitution of India. Parliament of India does not have the power to override the constitution.

Dr. B. R Ambedkar – The Chief Architect of Indian Constitution

Dr. B. R. Ambedkar headed the drafting committee formed to write the Constitution of India. He was the chairman of this committee. He contributed immensely in the formation of the Constitution by giving several valuable inputs and thus came to be known as the chief architect of the Constitution of India. There were six other members in the drafting committee which was formed by the Constituent Assembly of India. These members worked under the guidance of Dr. Ambedkar.

Constitution of India Replaced Government of India Act

The Government of India Act, 1935 acted as the fundamental governing document of India until the formation of the Constitution of India. The Constituent Assembly of India adopted the Constitution of India in November 1949. Many of the articles of the Constitution came into force at that time. The Constitution was effectively enforced on 26 th January 1950 which came to be known as the Indian Republic Day. The remaining articles became effective on this date. Our country which was until then called the Dominion of the British Crown thereafter came to be known as the Sovereign Democratic Republic of India.

Special Days to Celebrate the Constitution of India

Republic Day

The formation and enforcement of Indian Constitution is celebrated at a grand scale on the Republic Day each year. Republic Day is a national holiday in the country. A massive event is organized at India Gate, New Delhi on Republic Day to honour the Constitution of the country. The constitutional head of India, i.e., its president hoists national flag at Rajpath. The Prime Minister and President of India and several Chief Ministers of different states of the country are present at the event. Parades by school kids and armed forces are held on Rajpath. School children also perform dances and other cultural acts. Parade of beautiful tableau displaying the culture of various Indian states is also held during the event.

Several small events are organized at different offices and schools throughout the country to commemorate the Indian Constitution. Painting, essay and music competitions are held in schools and colleges. Patriotic songs are sung and speeches about the Constitution of India are delivered.

National Constitution Day

In the year 2015, Indian Prime Minister, Narendra Modi, gave the suggestion to dedicate an exclusive day to our constitution. Since the Indian Constitution was adopted on 26 th November 1949, this date was chosen to honour the constitution. 26 th November is being celebrated as the National Constitution Day since 2015.

Many small and big events are organized in schools, colleges and government institutions across India on this day. The importance of the Indian Constitution is emphasized during these events. Patriotic songs are sung and cultural activities are organized to celebrate the day.

The Constitution of India has been prepared with precision considering the interest of the common man as well as the overall interest of the country. It is a gift for the citizens of our country.

Long Essay on Constitution of India (600 words)

Enforced on 26 th January 1950, the Constitution of India was prepared by a committee consisting of seven members headed by Dr. B. R. Ambedkar. It guides the citizens of India, the country’s government bodies and other authorities to act in the right manner. It has played a significant role in maintaining peace and prosperity in the country.

Salient Features of the Constitution of India

Here are the top salient features of the constitution of India:

Longest Written Constitution

The Constitution of India is the longest written constitution in the world. It took almost three years to write this detailed constitution. It has a preamble, 448 articles, 25 groups, 12 schedules and 5 appendices. It is much lengthier than the US Constitution that includes only 7 Articles.

Amalgamation of Rigidity and Flexibility

The Constitution of India is a mix of rigidity and flexibility. While it is the supreme power that needs to be followed diligently to maintain law and order in the country, the citizens can appeal to amend the provisions they deem outdated or stern. While certain provisions can be amended with some difficulty others are easy to amend. As many as 103 amendments have been done in the Constitution of our country since its enforcement.

The Preamble

The well drafted Preamble of the Indian Constitution gives a detailed account of the philosophy of the constitution. It states that India is a Sovereign Socialist Secular Democratic Republic. It is a welfare state which puts its people first. It believes in equality, freedom and justice for its people. While democratic socialism was followed right from the beginning, the term Socialism was added only in 1976.

India – A Secular State

The Constitution has declared India a secular state. India does not give special status to any religion. It provides its citizens complete freedom to choose their religion. It condemns religious groups instigating people in the name of religion.

India – A Republic

The Constitution declares India to be a Republic. The country is not ruled by a nominated head or monarch. It has an elected head called the President. The President, elected indirectly by the people of the country, comes to power for a period of 5 years.

India – A Mix of Federalism and Unitarianism

The Constitution describes India as a federal structure with many unitary features. It is referred to as a Quasi-Federation or a Unitarian Federation. Just like a federation, India has divided power among the centre and states. It has a dual administration system. It has a written, supreme constitution that needs to be followed religiously. It includes an independent judiciary embedded with the power to decide centre-state disputes. At the same time it has unitary features such as a strong common constitution, common election commission and emergency provisions to name a few.

Fundamental Duties of Citizens

The Constitution of India clearly states the fundamental duties of its citizens. Some of these are to upload and protect the sovereignty, unity and integrity of India, respect the national flag and the national anthem, preserve the rich heritage of the country, protect the natural environment, safeguard public property and treat everyone equally.

Directive Principles of the State Policy

The Directive Principles of the State Policy are also mentioned in the Constitution of India. These principles are basically the guidelines provided to the state to further socio-economic development aims via its policies.

The Constitution of India serves as a guiding light for its citizens. Everything is well-defined in the Indian Constitution. It has helped India attain the status of a Republic. Dr. B. R. Ambedkar and the members of the drafting committee of the Indian constitution have indeed done a commendable job for which they will always be remembered.

Related Information:

Speech on Constitution of India

Speech on National Constitution Day

Constitution Day

Essay on National Constitution Day

Essay on Article 370 of Indian Constitution

Speech on Article 370 of Constitution of India

Essay on Article 35A of Indian Constitution

Slogans on Constitution

Essay on Section 377 of Indian Penal Code

Related Posts

Money essay, music essay, importance of education essay, education essay, newspaper essay, my hobby essay.

The Constitutional Values of India

The values of the Constitution of India, What is Constitution of India? It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950. And what is values? principles or standards of behaviour; one's judgement of what is important in life and ultimate values is govern to life of Individual.

• 1 Preamble of the Indian Constitution
• 2 The Youtube Samvidhaan - Episode 1 to 10
• 3 The Integration of Constitutional Values & Peace in Education
• 4 The Fundamental Duties of Indian Constitution

Preamble of the Indian Constitution

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The Youtube Samvidhaan - Episode 1 to 10

• Samvidhaan - Episode 1/10 : https://www.youtube.com/watch?v=0U9KDQnIsNk
• Samvidhaan - Episode 2/10 : https://www.youtube.com/watch?v=TVz6qKbYBmE
• Samvidhaan - Episode 3/10 : https://www.youtube.com/watch?v=5XK89zSgK8o
• Samvidhaan - Episode 4/10 : https://www.youtube.com/watch?v=JCgyzXe1cbU
• Samvidhaan - Episode 5/10 : https://www.youtube.com/watch?v=6R5tLBNZZAQ
• Samvidhaan - Episode 6/10 : https://www.youtube.com/watch?v=DO1WAwdEE0g
• Samvidhaan - Episode 7/10 : https://www.youtube.com/watch?v=LNjgpTQe2Tc
• Samvidhaan - Episode 8/10 : https://www.youtube.com/watch?v=CaEIoAql_XU
• Samvidhaan - Episode 9/10 : https://www.youtube.com/watch?v=aJ2PCdzUtmQ
• Samvidhaan - Episode10/10 : https://www.youtube.com/watch?v=9MYY4SXEGCE

The Integration of Constitutional Values & Peace in Education

Justice ensures that the freedom of one does not become tyranny for another. The Justice to be truly meaningful needs sharing of power, compassion towards under-privileged and empathy towards the disadvantage. An education of rights and duties becomes important to ensure to fight for justice.

Liberty of thought and action is a fundamental value embedded in our Constitution. It is the basis for creativity and exploration of new ideas and experiments that can advance social progress. Respecting the rights of others to liberty of thought and action are the hall marks of a civilized society. Ensuring that this liberty of thought and action is not used to belittle or diminish the beliefs and status of others is what constitutes a decent society. Democracy creates opportunity to pursue

one’s chosen ends as well as respect others’ rights to do so. In a diverse country like India, exercising freedom with responsibility is a must for ensuring peace in the nation.

Equality is another value enshrined in the Constitution. Freedom and justice remain mere words if equality is not ensured. It implies freedom from exploitation and ensuring to provide opportunities for individual’s development, irrespective of the background, gender, cultural or socio-economic identity and status.

Fraternity is at the heart of school, society and nation. Social solidarity is a vital part of a society that has place for the aspirations of all members of society. Understanding the importance of fraternity or solidarity and the knowledge that we all belong to a large community, a nation and the globe is also to discover our innate humanity. It is only we recognize our interdependence then we empower to help build a peaceful nation and a world. The citizens need to internalize the principals of equality, justice and liberty to promote fraternity among all, regardless of religious beliefs, regional and local diversity. As the Constitution encompasses the values for living in harmony with self and one’s natural and social environment. It provides the baseline in working out the framework of values to be nurtured in students. If values like truthfulness, sense of responsibility, trustworthiness, loyalty, love, peace, respect for others etc. are nurtured right from the beginning, the efforts will go a long way to enable students abide by the Constitution and contribute to larger health of society and nation at large. In fact, promoting values at the school or societal level begins with the individual and the individual in relation to community, larger society, nation and the world.

As desired earlier, value education does not take place in isolation. It must be set in the context of the world in which we live. Our choice to

decide about the key value concerns in schools must also be firmly rooted in the contemporary challenges of society. Where there is terrorist’s attack every now and then, women and girls are abused, where theft, murder and violence are so frequent, where many are marginalized and ignored by society as a whole, it is important that education for values is clearly set in the global as well as local contexts. Threats to humanity from climate change, globalization, emergence of technological choices, violence, terrorism, commercialization of education, the increasingly competitive environment and the aspirations of parents place a tremendous burden and add to the stress and anxiety on children. Schools are the microcosms of the world society. The disorder of the society and the world surfaces in schools in many ways. Further, there are disadvantages in education arising from inequalities of gender, caste, language, culture, religion, disabilities etc. These hierarchies deeply influence access to education and participation of children in schools which range from the high cost ‘public’ (private) schools to poorly functioning local body run primary schools. These realities tend to reinforce privilege and exclusion in schooling and undermine the constitutional values of equality of opportunity and social justice. All these conditions are detrimental to the personal growth and development of students and distortion of values leading to indiscipline, violence, lack of responsibility, lack of respect etc. Thus our efforts towards value education must be rooted in the context of the problems and issues facing teachers and pupils in the schools.

The Fundamental Duties of Indian Constitution

It shall be the duty of every citizen of India, The Fundamental Duties noted in the constitution are as follows:

• to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
• to cherish and follow the noble ideals which inspired our national struggle for freedom;
• to uphold and protect the sovereignty, unity and integrity of India;
• to defend the country and render national service when called upon to do so;
• to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
• to value and preserve the rich heritage of our composite culture;
• to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
• to develop the scientific temper, humanism and the spirit of inquiry and reform;
• to safeguard public property and to abjure violence;
• to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
• who is a parent or guardian to provide opportunities for education to his child or ward, as the case may be, between the age of six and fourteen years

References:

• http://parliamentofindia.nic.in
• http://indiacode.nic.in/coiweb/welcome.html
• http://parliamentofindia.nic.in/ls/debates/facts.htm
• https://en.wikipedia.org/wiki/Preamble_to_the_Constitution_of_India
• https://en.wikipedia.org/wiki/B._R._Ambedkar
• https://en.wikipedia.org/wiki/Category:Parts_and_articles_of_the_Constitution_of_India
• http://164.100.47.134/plibrary/Home.htm
• https://en.wikibooks.org/wiki/Constitution_of_India/Preamble
• https://en.wikisource.org/wiki/Constitution_of_India
• https://india.gov.in/my-government/constitution-india/amendments
• http://www.advocatekhoj.com/library/bareacts/constitutionofindia/index.php?Title=Constitution%20of%20India,%201949
• http://www.kkhsou.in/main/polscience/philosophy.html
• http://www.au.af.mil/au/awc/awcgate/ndu/strat-ldr-dm/pt4ch15.html
• https://en.wikipedia.org/wiki/Fundamental_Rights,_Directive_Principles_and_Fundamental_Duties_of_India

Navigation menu

Personal tools.

• Request account
• View source
• View history
• Recent changes
• Practice editing
• Community portal
• Mailing list

Print/export

• Create a book
• Download as PDF
• Printable version
• What links here
• Related changes
• Upload file
• Special pages
• Permanent link
• Page information
• This page was last modified on 17 April 2016, at 08:05.
• This page has been accessed 162,063 times.
• Content is available under the Creative Commons Attribution Share Alike License unless otherwise noted.
• Privacy policy
• About WikiEducator
• Disclaimers

Values, Rights, Duties And Responsibilities Of Indian Citizens

• Author(s): Journal of Legal Studies and Research
• Publication Date: September 16, 2020

Contents of this Post

Written by Neetu Jain

Advocate, Supreme Court of India

INTRODUCTION

The Preamble of our Constitution says, WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a  [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation].

The preamble can be referred to as the preface which highlights the entire Constitution , makes it very clear that the ideals of the Constitution have to percolate to every citizen of India.

India has a glorious history of democracy since ancient times. Eminent historian, Shri K P Jayaswal stated that the concept of the republic system in ancient India is older than the Roman or Greek republican system. The ancient republics or Janpadas such as Vaishali, Kapilavastu and Mithila etc. and their constitutions are older than 600 BC, and are the foundation of constitutional democracy of India.

Since ancient times, people in India have followed the tradition of performing their duties without questioning about their rights and privileges. Since time immemorial, an individual’s “kartavya” — the performance of one’s duties towards society, his/her country and his/her parents was emphasized. Describing the role of a king, at one place the greatest King Chandra Gupta Maurya’s Guru Chanakya, had stated that “It is a king’s utmost duty to look after the progress and welfare of the people of his country”.

Since time immemorial people in India has believed in the concept that Work is worship, thus emphasizing on one’s duty which means that if every individual performs their duties with sincerity, then it amounts to a worship mechanism. Here it is important to mention that Rig Veda talks about fundamental values which include harmony, tolerance, righteousness, respect for nature, and respect for the (unseen) supreme.

Bhagwad Gita and Ramayana also speak that an individual should perform their duties. In the Bhagwad Gita, Lord Krishna said that everyone should do their duties without expecting anything. Mahatma Gandhi once said that “I have learnt my duties in my mother’s lap, she was an illiterate woman but knew what was my dharma”. The beauty of this ancient thought is that the performance of duty protects our right and rights cannot be divorced from duties. Swami Vivekananda once rightly said, “it is the duty of every citizen to contribute and participate in the development and progress of India”.

RIGHTS OF PERSONS

In accordance with the ideals of the Preamble, the Fundamental Rights of Person have been ensured in Part III (Article 14- 32) of the constitution. These rights are applied irrespective of race, place of birth, religion, caste, creed, or gender. They are enforceable by the courts, subject to specific restrictions. They can broadly be classified as:

-Right to Equality (Article 14 – Article 18)

-Right to Freedom (Articles 19 – Article 22)

-Right to Education (Article 21A).

-Right against Exploitation (Articles 23 – Article 24)

-Right to Religion (Articles 25 – Article 28)

-Right to Culture and Education (Articles 29 – Article 30)

-Right to Constitutional Remedies (Article 32): In order to ensure that the Rights of Persons are protected, any person who believes that his rights have been affected by the actions of State has the right to move to the Supreme Court or High Court for enforcement of his rights and the Supreme Court and High Courts have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

DUTIES AND RESPONSIBILITIES OF INDIAN CITIZEN

PART IVA FUNDAMENTAL DUTIES 51A. It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

If we minutely study all the provisions of our Constitution, we find that very significant feature of our Constitution is that it balances citizens’ rights and duties. These are some social factors which have been grown with time, tradition and usage. The citizen’s duties as are enshrined with Constitution are important as a codification of such duties are an integral part of every citizen of India, which focus on tolerance, peace and communal harmony. A close look of the provision of Article 51A of the Constitution, indicate that a number of provisions refer to human values, which have been part of Indian tradition, mythology, religion and practices.

The chapter on Fundamental Rights in the Constitution itself recognizes the essence of duties. If we look at Article 19 which pertains to freedom of speech, we find that Clause 2 to 6 of the same article put some reasonable restrictions on the exercise of such rights in the interest of the sovereignty and integrity of India, and the security of the state, public order, decency and morality. Similarly, w.r.t other articles of part III of our Constitution. This implies that while exercising rights one must remember one’s duties towards these constitutional Rights.

No democratic polity can ever succeed where the citizens are concerned only about their rights and are not willing to actively participate in the process of assuming responsibilities, discharging their duties and strive to give their best in the interest of their nation. There are three things which build a nation. The first is noble ideals. The second is the capability of the citizens for achieving these ideals. The third and very important is that the constant and intense effort made by each and every Indian citizen to strive for excellence and take his country forward and foremost and make proud in the world.

Mahatma Gandhi, while commenting on the performance of duties had once said that the true source of right is a duty. While emphasizing on duties he meant that if we perform our duties than rights will not be far, however, If we leave the duty unperformed, and run after rights, we will not be able to get the rights.

It can be undoubtedly stated that the rights flow from duties when well performed. Harold Laski, the great political philosopher once said that the rights are related to functions and are given only in return for some duties to be performed. Rights are conferred on the individuals not for their individual up-liftmen but also for social and collective good.

Citizen is one of the foundations of the country. They are entitled to enjoy all the legal rights and privileges granted by a state to the people encompassing its constituency and are obligated to obey its laws and to attain his or her duties as called upon.

A responsible citizen abides by all the laws of the country, in return they get rights. However, rights come with duties such as casting a vote, paying government taxes and protecting the country from any foreign invasion. Being a good and responsible citizen of the country, one must engage in activities or assist in tackling issues such as keeping the environment clean, raising money for charities, conserving electricity, water, and natural resources, or protecting public properties, etc.

CAN THE LEGISLATION AMEND/ ALTER THE FUNDAMENTAL RIGHTS OF AN INDIVIDUAL PROVIDED BY THE CONSTITUTION OF INDIA.?

Here it is important to sum-up by mentioning three important Judgments of the Supreme Court on the issue of Fundamental Rights and power of Parliament to amend the Constitution. They are Golaknath Vs State of Punjab (1967AIR 1643) , Additional District Magistrate (ADM), Jabalpur vs Shivakant Shukla (1976 2 SCC 521 , and   Kesavananda Bharati State of Kerala (1973 4 SCC 225).

  The Golaknath Case (1967AIR 1643) pertained to challenging acquisition of farmlands in Punjab under land ceiling laws and the petitioner therein contended attachment of lands denied them equality and equal protection as constitutionally guaranteed.  In this matter, the 11-judge bench examined its own five-judge verdict in a previous case ( Sankari Prasad vs Union of India ) when the court ruled that parliament has the right to amend any part of the constitution.

The Hon’ble Apex court in Golaknath Case reversed its previous verdict of Sankari Prasad vs Union of India, however with the rider of the doctrine of “prospective overruling”, and declared that parliament did not have the power to amend fundamental rights, in part or in whole. The court also ruled that despite it being the parliament’s duty to enforce the directive principles of state policy, this could not be done by altering fundamental rights.

In Additional District Magistrate (ADM), Jabalpur vs Shivakant Shukla(1976 2 SCC 521) , popularly known as the Habeas Corpus case, which was decided by the  Supreme Court on April 28, 1976, by a bench of five judges, wherein the Hon’ble Supreme Court by majority held that  “In view of the Presidential Order dated 27 th June 1975 no person has any locus to move any writ petition under Article 226 before a High Court for habeas corpus or any other writ or order or direction to challenge the legality of an order of detention on the ground that the order is not under or in compliance with the Act or is illegal or is vitiated by mala fides factual or legal or is based on extraneous considerations.” The presidential order referred to in the conclusion of the judgment had declared that any right under Article 14,21, & 22 of the constitution of any person and all proceedings pending in any court for the enforcement of those rights would remain suspended during the Emergency was in force.

However, Justice Khanna, (one of the Judges of the Bench) in his dissent, held that  “ Article 21  cannot be considered to be the sole repository of the right to life and personal liberty. Sanctity of life and liberty was not something new when the constitution was drafted, and the principle that no one shall be deprived of his life and liberty without the authority of law was not the gift of the constitution, Justice Khanna declared.” Therefore, he reasoned that even in the absence of Article 21 in the constitution, the state has got no power to deprive a person of his life or liberty without the authority of law. It is important to note here that the later pronouncements of Supreme Court, on Article 21, of makes it clear that the dissenting opinion of the minority Judge, Justice Khanna is the way forward.

Kesavananda Bharati v State of Kerala ( 1973 4 SCC 225 ) , Judgment wherein one main question: was the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights?

On April 24, 1973, Chief Justice Sikri and 12 judges of the Supreme Court assembled to deliver the most important judgment in its history. Article 368(pertaining to the power of the Parliament to amend provisions of Constitution), on a plain reading, did not contain any limitation on the power of Parliament to amend any part of the Constitution. There was nothing that prevented the Parliament from taking away a citizen’s right to freedom of speech or his religious freedom. However, on account of Article 32, Supreme Court of India rose to the occasion and though 703-page judgment revealed a sharply divided court and, by a wafer-thin majority of 7:6, overruled the Golaknath  verdict and gave back to the parliament the right to amend the Constitution.  It was held that Parliament could amend any part of the Constitution so long as it did not alter or amend “the basic structure or essential features of the Constitution.” This was the inherent and implied limitation on the amending power of Parliament. Thus, the Judgment ensured that the Parliament can amend any part of the Constitution or impose any reasonable restriction on the rights of the people so long as it does not alter or amend the basic structure or essential feature of the Construction.

The Role Of Evidence In Drug Crime Cases: An In-Depth Look

Navigating the Legal Labyrinth of Online Sports Betting in India

Most Popular Games at Bhaggo Casino Bangladesh

Call For Paper Updates

Join 25,000+ Researchers and Stay Updated with Regular Call For Paper Updates. 3 Emails in a Week. Promise.

Browse Research Papers

How to build constitutional values at the grassroots

Here's how civil society and the government can ensure that constitutional values get translated into their work with communities on ground..

READ THIS ARTICLE IN

The members of the Constituent Assembly considered these values as central to addressing entrenched issues of poverty, illiteracy, and systemic social discrimination along caste, class, gender, and religious lines. When put into practice by people and institutions, these values, rights, principles, and duties sustain our secular, democratic republic. Therefore, it is important for all citizens and organisations—but especially those working against rights violations and discrimination—to closely understand the Constitution .

Despite being progressive and forward-thinking, how much of the Constitution have we internalised and put into action? Two nonprofit organisations and a government institution explain how they use the Constitution in their work with people and communities. They speak of the various ways in which they instil constitutional values into the collective consciousness to bring about an ideological shift, and how they connect rights and laws to realities on the ground so that all sections of society are able to access legal tools.

Understanding the Constitution is a journey, not an event

CIVICACT Foundation, an organisation that works at the grassroots in Madhya Pradesh, highlights how understanding and applying these values and principles is a continuous journey, not a one-time event. Developing a lens informed by constitutional values is a gradual process that unfolds over months or even years. Consistently creating a space to experience fraternity, equality, and freedom as well as to reflect and discuss deep-set ideologies and beliefs is crucial to fostering change. CIVICACT achieves this through workshops that extend over several months, facilitating discussions among people from diverse caste, gender, and class backgrounds. These workshops also promote holistic thinking and empathy. For example, in one of the first workshops, participants are given a question to debate, such as “Is violence justifiable in some cases?”. The nuances raised in these workshops are connected to the values of equality, justice, fraternity, liberty, and rights while bringing in the participants’ contexts and ground realities.

Samvada , a Karnataka-based organisation dedicated to youth rights and empowerment, forms ongoing relationships with the young people it works with. Many of the youth it trains continue to actively work for change in their colleges by conducting fact-finding exercises on issues faced by their community. For example, they recently demanded the creation of internal complaints committees (under the Prevention of Sexual Harassment Act, 2013 ) in their colleges. However, this point is reached after a two-year training programme divided into three phases. During the first phase of their engagement with youth, Samvada concentrates on sensitising participants to themes such as caste, gender, class, religion, and the intersectionality of these structures of inequality. This approach allows them to lay a foundation for unpacking and understanding structural discrimination before connecting it to constitutional principles. In the second phase, they conduct workshops to build leadership skills as well as cover topics such as the Preamble and Fundamental Rights and Duties—these are taught by referencing real-life experiences. In the third phase, they connect the learnings of the first two years and act on issues faced by their communities.

Balancing tradition with the Constitution

In India, various traditions and beliefs often run counter to the principles and rights enshrined in our Constitution. These contradictions can be seen in practices such as Karva Chauth , where only women observe fasts for the longevity of their husbands, or in instances where women are barred from entering certain mosques. Recognising the deeply ingrained nature of these societal norms and people’s strong attachments to their beliefs is crucial to navigating the balance between upholding constitutional values and respecting traditions that may be at odds with constitutional principles.

Ram Narayan Syag from CIVICACT emphasises how the transformative power of change can start within one’s own family. He recounts the journey of Rekha*, a woman from a scheduled caste background, who challenged age-old casteist practices in her village in Jaipur district. Previously in this village, following local tradition, if a person considered ‘upper-caste’ visited the home of a Dalit, the latter would ceremoniously vacate their chair and offer it to the visitor, choosing to sit on the floor even if other chairs were available. Because of various constitutional literacy workshops, Rekha recognised the discriminatory nature of this custom and began speaking about it within her family. After members of her family started unfollowing this tradition, many other households in the village followed suit.

Connecting one’s local cultural heritage to the values in the Preamble is another way of nurturing acceptance of the Constitution.

Initiating this change, however, was not without challenges. The family, initially resistant, required many months of open discussions before they could be persuaded. She actively listened to the concerns of her grandfather and father, seeking to understand their perspectives and feelings of fear and ostracisation, before managing to convince them of the need to abandon this discriminatory tradition.

Connecting one’s local cultural heritage to the values in the Preamble is another way of trying to spread awareness and nurture acceptance of the Constitution. When facilitators at Samvada have to contend with the assertion that B R Ambedkar and others copied the Indian Constitution from the West, they find a way to connect the teachings of local social reformers to the ideals in the document. For example, they bring in the teachings of Basava and Kabir , poets and social reformers from the Bhakti movement period who rejected gender and social discrimination, or Jyotiba and Savitribai Phule , who fought against societal evils to provide girls and Dalit castes access to education in the 1800s.

In order to make the Constitution accessible to all, the Kerala Institute of Local Administration (KILA) started a programme called The Citizen in February 2022, employing volunteers known as ‘senators’. Several volunteers who had previously believed in inherently unequal local superstitions such as women should not be allowed in the  Sabarimala temple changed their minds after engaging in trainings related to constitutional literacy. They told KILA that they just weren’t aware of the rights and principles in the Constitution and how these provisions applied to them.

Creating systems to mobilise people

Even though India’s Constitution is considered one of the most liberal and progressive globally, many people in the country aren’t familiar with its contents. Since gaining independence, successive governments have failed to prioritise widespread awareness. As a result, civil society organisations (CSOs) working on this have had to come up with new and creative ways to impart constitutional principles and rights.

Before starting The Citizen programme in Kollam district, KILA created an environment conducive to learning across the state. They did so by mobilising gram panchayats, bureaucrats, and political parties to learn about constitutional rights and responsibilities and educate communities they had influence in. According to V Sudesan, senior faculty at KILA, because of Kerala’s historical precursors— high literacy and a history of people’s participation in governance—there was no opposition to educating citizens on the Constitution. The plan was discussed with the many stakeholders—college students, teachers, youth organisations, and even religious organisations—who played a pivotal role in rallying people to attend constitutional literacy classes and workshops.

Additionally, the gram panchayats selected approximately 4000 ‘senators’ or volunteers, who were paid an honorarium of INR 1000 per month and trained by KILA about the Constitution and its relevance in day-to-day life. These volunteers in turn engaged with their families and the schools, local public offices, and religious institutions in their neighbourhood. KILA intentionally trained youngsters from the community—more than 80 percent of whom were women—instead of government teachers to prevent the facilitators from falling back to conventional teaching methods. Kollam is the first district in India that is 100 percent constitutionally literate . One of the challenges that the Kerala state machinery faced was that though ‘ordinary’ people—MGNREGA workers, women, students from rural and marginalised backgrounds, and even some heads of religious institutions—were open to the process, those with formal education and from an upper-class background tended to be resistant. This is because they felt like they already knew about the Constitution, and that the programme would be a waste of their time.

What will it take to instil constitutional values on ground?

Over the course of their work, here’s what KILA, Samvada, and CIVICACT Foundation have learned about instilling constitutional values on ground:

1. Fostering a sense of ownership can help connect people with the Constitution

All three organisations demonstrate that empowering the youth, disadvantaged sections, and women, along with encouraging leadership roles, plays a pivotal role in spreading awareness about and enabling action on constitutional values, rights, and duties. This approach creates a sense of ownership among people. Also, establishing a connection between injustices or rights violations and the corresponding constitutional remedies makes the Constitution more tangible.

2. Various tools can be employed to create dialogues about constitutional values 

KILA spreads constitutional literacy through YouTube and social media platforms. Displaying the Preamble in schools, colleges, and public spaces is another effective and simple tool to disseminate information about the Constitution. The Karnataka government has established libraries with youth clubs for regular discussions on community issues and values. Holding such discussions in open spaces, where there are individuals from diverse backgrounds, encourages people to learn from one another’s lived experiences, sensitising them to rights violations that may be happening with someone else. Incorporating positive aspects of local cultures and traditions—often through theatre, music, and games—is also important.

3. Connecting the Constitution to other programmes can help highlight its relevance in addressing social challenges

Samvada integrates the Constitution into every programme it runs, ensuring a connection between core themes such as gender and caste with constitutional principles. In this way, CSOs can apply the lens of the Constitution on issues they work on. By bridging the gap between societal issues, lived experiences, and constitutional principles, organisations can contribute to an understanding and appreciation of the Constitution’s relevance in addressing social challenges.

In addition to these, citizen’s movements, CSOs, and nonprofits that are working to promote values of equality, liberty, justice, and fraternity, and/or work on rights, should come together and share ideas and methods to create a more constitutionally literate India. 

* Name changed to maintain confidentiality.

Bipin Kumar, Ram Narayan Syag, V Sudesan, Poornima Kumar, and Ramakka R contributed their valuable insights to the article.

CIVICACT Foundation and KILA are part of  Har Dil Mein Samvidhan , a campaign to create awareness about Constitutional values.

• Watch this explainer on the Constitution of India.
• Read this to learn more about preserving constitutional values.
• Read  this article  to learn how the Constitution can be used in classrooms.

Born out of peoples’ movements, struggles, and ideological and political dialogues, the Constitution of India envisions a nation guided by the values of justice, liberty, fraternity, and equality. It defines […]

Halima Ansari is an editorial analyst at IDR where she’s responsible for writing, editing, and publishing content. She is interested in gender and ethics in technology and has written on the same for Feminism in India and MP-IDSA. Halima holds an MA in Politics and Area Studies from Jamia Millia Islamia and a BA in History from Lady Shri Ram College for Women.

Saba Kohli Dave is an editorial associate at IDR, where she is responsible for writing, editing, sourcing, and publishing content. She has a degree in anthropology and is interested in development and education from a ground-up perspective. She has worked with the Social Work and Research Centre, Barefoot College, and the School for Democracy. Saba’s experience includes building models for rural community libraries and making curriculums on democratic and constitutional values.

If you like what you're reading and find value in our articles, please support IDR by making a donation.

• Search Menu
• Sign in through your institution
• Browse content in Arts and Humanities
• Browse content in Archaeology
• Anglo-Saxon and Medieval Archaeology
• Archaeological Methodology and Techniques
• Archaeology by Region
• Archaeology of Religion
• Archaeology of Trade and Exchange
• Biblical Archaeology
• Contemporary and Public Archaeology
• Environmental Archaeology
• Historical Archaeology
• History and Theory of Archaeology
• Industrial Archaeology
• Landscape Archaeology
• Mortuary Archaeology
• Prehistoric Archaeology
• Underwater Archaeology
• Urban Archaeology
• Zooarchaeology
• Browse content in Architecture
• Architectural Structure and Design
• History of Architecture
• Residential and Domestic Buildings
• Theory of Architecture
• Browse content in Art
• Art Subjects and Themes
• History of Art
• Industrial and Commercial Art
• Theory of Art
• Biographical Studies
• Byzantine Studies
• Browse content in Classical Studies
• Classical History
• Classical Philosophy
• Classical Mythology
• Classical Literature
• Classical Reception
• Classical Art and Architecture
• Classical Oratory and Rhetoric
• Greek and Roman Papyrology
• Greek and Roman Epigraphy
• Greek and Roman Law
• Greek and Roman Archaeology
• Late Antiquity
• Religion in the Ancient World
• Digital Humanities
• Browse content in History
• Colonialism and Imperialism
• Diplomatic History
• Environmental History
• Genealogy, Heraldry, Names, and Honours
• Genocide and Ethnic Cleansing
• Historical Geography
• History by Period
• History of Emotions
• History of Agriculture
• History of Education
• History of Gender and Sexuality
• Industrial History
• Intellectual History
• International History
• Labour History
• Legal and Constitutional History
• Local and Family History
• Maritime History
• Military History
• National Liberation and Post-Colonialism
• Oral History
• Political History
• Public History
• Regional and National History
• Revolutions and Rebellions
• Slavery and Abolition of Slavery
• Social and Cultural History
• Theory, Methods, and Historiography
• Urban History
• World History
• Browse content in Language Teaching and Learning
• Language Learning (Specific Skills)
• Language Teaching Theory and Methods
• Browse content in Linguistics
• Applied Linguistics
• Cognitive Linguistics
• Computational Linguistics
• Forensic Linguistics
• Grammar, Syntax and Morphology
• Historical and Diachronic Linguistics
• History of English
• Language Evolution
• Language Reference
• Language Acquisition
• Language Variation
• Language Families
• Lexicography
• Linguistic Anthropology
• Linguistic Theories
• Linguistic Typology
• Phonetics and Phonology
• Psycholinguistics
• Sociolinguistics
• Translation and Interpretation
• Writing Systems
• Browse content in Literature
• Bibliography
• Children's Literature Studies
• Literary Studies (Romanticism)
• Literary Studies (American)
• Literary Studies (Asian)
• Literary Studies (European)
• Literary Studies (Eco-criticism)
• Literary Studies (Modernism)
• Literary Studies - World
• Literary Studies (1500 to 1800)
• Literary Studies (19th Century)
• Literary Studies (20th Century onwards)
• Literary Studies (African American Literature)
• Literary Studies (British and Irish)
• Literary Studies (Early and Medieval)
• Literary Studies (Fiction, Novelists, and Prose Writers)
• Literary Studies (Gender Studies)
• Literary Studies (Graphic Novels)
• Literary Studies (History of the Book)
• Literary Studies (Plays and Playwrights)
• Literary Studies (Poetry and Poets)
• Literary Studies (Postcolonial Literature)
• Literary Studies (Queer Studies)
• Literary Studies (Science Fiction)
• Literary Studies (Travel Literature)
• Literary Studies (War Literature)
• Literary Studies (Women's Writing)
• Literary Theory and Cultural Studies
• Mythology and Folklore
• Shakespeare Studies and Criticism
• Browse content in Media Studies
• Browse content in Music
• Applied Music
• Dance and Music
• Ethics in Music
• Ethnomusicology
• Gender and Sexuality in Music
• Medicine and Music
• Music Cultures
• Music and Media
• Music and Religion
• Music and Culture
• Music Education and Pedagogy
• Music Theory and Analysis
• Musical Scores, Lyrics, and Libretti
• Musical Structures, Styles, and Techniques
• Musicology and Music History
• Performance Practice and Studies
• Race and Ethnicity in Music
• Sound Studies
• Browse content in Performing Arts
• Browse content in Philosophy
• Aesthetics and Philosophy of Art
• Epistemology
• Feminist Philosophy
• History of Western Philosophy
• Metaphysics
• Moral Philosophy
• Non-Western Philosophy
• Philosophy of Language
• Philosophy of Mind
• Philosophy of Perception
• Philosophy of Science
• Philosophy of Action
• Philosophy of Law
• Philosophy of Religion
• Philosophy of Mathematics and Logic
• Practical Ethics
• Social and Political Philosophy
• Browse content in Religion
• Biblical Studies
• Christianity
• East Asian Religions
• History of Religion
• Judaism and Jewish Studies
• Qumran Studies
• Religion and Education
• Religion and Health
• Religion and Politics
• Religion and Science
• Religion and Law
• Religion and Art, Literature, and Music
• Religious Studies
• Browse content in Society and Culture
• Cookery, Food, and Drink
• Cultural Studies
• Customs and Traditions
• Ethical Issues and Debates
• Hobbies, Games, Arts and Crafts
• Natural world, Country Life, and Pets
• Popular Beliefs and Controversial Knowledge
• Sports and Outdoor Recreation
• Technology and Society
• Travel and Holiday
• Visual Culture
• Browse content in Law
• Arbitration
• Browse content in Company and Commercial Law
• Commercial Law
• Company Law
• Browse content in Comparative Law
• Systems of Law
• Competition Law
• Browse content in Constitutional and Administrative Law
• Government Powers
• Judicial Review
• Local Government Law
• Military and Defence Law
• Parliamentary and Legislative Practice
• Construction Law
• Contract Law
• Browse content in Criminal Law
• Criminal Procedure
• Criminal Evidence Law
• Sentencing and Punishment
• Employment and Labour Law
• Environment and Energy Law
• Browse content in Financial Law
• Banking Law
• Insolvency Law
• History of Law
• Human Rights and Immigration
• Intellectual Property Law
• Browse content in International Law
• Private International Law and Conflict of Laws
• Public International Law
• IT and Communications Law
• Jurisprudence and Philosophy of Law
• Law and Politics
• Law and Society
• Browse content in Legal System and Practice
• Courts and Procedure
• Legal Skills and Practice
• Primary Sources of Law
• Regulation of Legal Profession
• Medical and Healthcare Law
• Browse content in Policing
• Criminal Investigation and Detection
• Police and Security Services
• Police Procedure and Law
• Police Regional Planning
• Browse content in Property Law
• Personal Property Law
• Study and Revision
• Terrorism and National Security Law
• Browse content in Trusts Law
• Wills and Probate or Succession
• Browse content in Medicine and Health
• Browse content in Allied Health Professions
• Arts Therapies
• Clinical Science
• Dietetics and Nutrition
• Occupational Therapy
• Operating Department Practice
• Physiotherapy
• Radiography
• Speech and Language Therapy
• Browse content in Anaesthetics
• General Anaesthesia
• Neuroanaesthesia
• Clinical Neuroscience
• Browse content in Clinical Medicine
• Acute Medicine
• Cardiovascular Medicine
• Clinical Genetics
• Clinical Pharmacology and Therapeutics
• Dermatology
• Endocrinology and Diabetes
• Gastroenterology
• Genito-urinary Medicine
• Geriatric Medicine
• Infectious Diseases
• Medical Toxicology
• Medical Oncology
• Pain Medicine
• Palliative Medicine
• Rehabilitation Medicine
• Respiratory Medicine and Pulmonology
• Rheumatology
• Sleep Medicine
• Sports and Exercise Medicine
• Community Medical Services
• Critical Care
• Emergency Medicine
• Forensic Medicine
• Haematology
• History of Medicine
• Browse content in Medical Skills
• Clinical Skills
• Communication Skills
• Nursing Skills
• Surgical Skills
• Browse content in Medical Dentistry
• Oral and Maxillofacial Surgery
• Paediatric Dentistry
• Restorative Dentistry and Orthodontics
• Surgical Dentistry
• Medical Ethics
• Medical Statistics and Methodology
• Browse content in Neurology
• Clinical Neurophysiology
• Neuropathology
• Nursing Studies
• Browse content in Obstetrics and Gynaecology
• Gynaecology
• Occupational Medicine
• Ophthalmology
• Otolaryngology (ENT)
• Browse content in Paediatrics
• Neonatology
• Browse content in Pathology
• Chemical Pathology
• Clinical Cytogenetics and Molecular Genetics
• Histopathology
• Medical Microbiology and Virology
• Patient Education and Information
• Browse content in Pharmacology
• Psychopharmacology
• Browse content in Popular Health
• Caring for Others
• Complementary and Alternative Medicine
• Self-help and Personal Development
• Browse content in Preclinical Medicine
• Cell Biology
• Molecular Biology and Genetics
• Reproduction, Growth and Development
• Primary Care
• Professional Development in Medicine
• Browse content in Psychiatry
• Addiction Medicine
• Child and Adolescent Psychiatry
• Forensic Psychiatry
• Learning Disabilities
• Old Age Psychiatry
• Psychotherapy
• Browse content in Public Health and Epidemiology
• Epidemiology
• Public Health
• Browse content in Radiology
• Clinical Radiology
• Interventional Radiology
• Nuclear Medicine
• Radiation Oncology
• Reproductive Medicine
• Browse content in Surgery
• Cardiothoracic Surgery
• Gastro-intestinal and Colorectal Surgery
• General Surgery
• Neurosurgery
• Paediatric Surgery
• Peri-operative Care
• Plastic and Reconstructive Surgery
• Surgical Oncology
• Transplant Surgery
• Trauma and Orthopaedic Surgery
• Vascular Surgery
• Browse content in Science and Mathematics
• Browse content in Biological Sciences
• Aquatic Biology
• Biochemistry
• Bioinformatics and Computational Biology
• Developmental Biology
• Ecology and Conservation
• Evolutionary Biology
• Genetics and Genomics
• Microbiology
• Molecular and Cell Biology
• Natural History
• Plant Sciences and Forestry
• Research Methods in Life Sciences
• Structural Biology
• Systems Biology
• Zoology and Animal Sciences
• Browse content in Chemistry
• Analytical Chemistry
• Computational Chemistry
• Crystallography
• Environmental Chemistry
• Industrial Chemistry
• Inorganic Chemistry
• Materials Chemistry
• Medicinal Chemistry
• Mineralogy and Gems
• Organic Chemistry
• Physical Chemistry
• Polymer Chemistry
• Study and Communication Skills in Chemistry
• Theoretical Chemistry
• Browse content in Computer Science
• Artificial Intelligence
• Computer Architecture and Logic Design
• Game Studies
• Human-Computer Interaction
• Mathematical Theory of Computation
• Programming Languages
• Software Engineering
• Systems Analysis and Design
• Virtual Reality
• Browse content in Computing
• Business Applications
• Computer Security
• Computer Games
• Computer Networking and Communications
• Digital Lifestyle
• Graphical and Digital Media Applications
• Operating Systems
• Browse content in Earth Sciences and Geography
• Atmospheric Sciences
• Environmental Geography
• Geology and the Lithosphere
• Maps and Map-making
• Meteorology and Climatology
• Oceanography and Hydrology
• Palaeontology
• Physical Geography and Topography
• Regional Geography
• Soil Science
• Urban Geography
• Browse content in Engineering and Technology
• Agriculture and Farming
• Biological Engineering
• Civil Engineering, Surveying, and Building
• Electronics and Communications Engineering
• Energy Technology
• Engineering (General)
• Environmental Science, Engineering, and Technology
• History of Engineering and Technology
• Mechanical Engineering and Materials
• Technology of Industrial Chemistry
• Transport Technology and Trades
• Browse content in Environmental Science
• Applied Ecology (Environmental Science)
• Conservation of the Environment (Environmental Science)
• Environmental Sustainability
• Environmentalist Thought and Ideology (Environmental Science)
• Management of Land and Natural Resources (Environmental Science)
• Natural Disasters (Environmental Science)
• Nuclear Issues (Environmental Science)
• Pollution and Threats to the Environment (Environmental Science)
• Social Impact of Environmental Issues (Environmental Science)
• History of Science and Technology
• Browse content in Materials Science
• Ceramics and Glasses
• Composite Materials
• Metals, Alloying, and Corrosion
• Nanotechnology
• Browse content in Mathematics
• Applied Mathematics
• Biomathematics and Statistics
• History of Mathematics
• Mathematical Education
• Mathematical Finance
• Mathematical Analysis
• Numerical and Computational Mathematics
• Probability and Statistics
• Pure Mathematics
• Browse content in Neuroscience
• Cognition and Behavioural Neuroscience
• Development of the Nervous System
• Disorders of the Nervous System
• History of Neuroscience
• Invertebrate Neurobiology
• Molecular and Cellular Systems
• Neuroendocrinology and Autonomic Nervous System
• Neuroscientific Techniques
• Sensory and Motor Systems
• Browse content in Physics
• Astronomy and Astrophysics
• Atomic, Molecular, and Optical Physics
• Biological and Medical Physics
• Classical Mechanics
• Computational Physics
• Condensed Matter Physics
• Electromagnetism, Optics, and Acoustics
• History of Physics
• Mathematical and Statistical Physics
• Measurement Science
• Nuclear Physics
• Particles and Fields
• Plasma Physics
• Quantum Physics
• Relativity and Gravitation
• Semiconductor and Mesoscopic Physics
• Browse content in Psychology
• Affective Sciences
• Clinical Psychology
• Cognitive Psychology
• Cognitive Neuroscience
• Criminal and Forensic Psychology
• Developmental Psychology
• Educational Psychology
• Evolutionary Psychology
• Health Psychology
• History and Systems in Psychology
• Music Psychology
• Neuropsychology
• Organizational Psychology
• Psychological Assessment and Testing
• Psychology of Human-Technology Interaction
• Psychology Professional Development and Training
• Research Methods in Psychology
• Social Psychology
• Browse content in Social Sciences
• Browse content in Anthropology
• Anthropology of Religion
• Human Evolution
• Medical Anthropology
• Physical Anthropology
• Regional Anthropology
• Social and Cultural Anthropology
• Theory and Practice of Anthropology
• Browse content in Business and Management
• Business Ethics
• Business Strategy
• Business History
• Business and Technology
• Business and Government
• Business and the Environment
• Comparative Management
• Corporate Governance
• Corporate Social Responsibility
• Entrepreneurship
• Health Management
• Human Resource Management
• Industrial and Employment Relations
• Industry Studies
• Information and Communication Technologies
• International Business
• Knowledge Management
• Management and Management Techniques
• Operations Management
• Organizational Theory and Behaviour
• Pensions and Pension Management
• Public and Nonprofit Management
• Strategic Management
• Supply Chain Management
• Browse content in Criminology and Criminal Justice
• Criminal Justice
• Criminology
• Forms of Crime
• International and Comparative Criminology
• Youth Violence and Juvenile Justice
• Development Studies
• Browse content in Economics
• Agricultural, Environmental, and Natural Resource Economics
• Asian Economics
• Behavioural Finance
• Behavioural Economics and Neuroeconomics
• Econometrics and Mathematical Economics
• Economic History
• Economic Systems
• Economic Methodology
• Economic Development and Growth
• Financial Markets
• Financial Institutions and Services
• General Economics and Teaching
• Health, Education, and Welfare
• History of Economic Thought
• International Economics
• Labour and Demographic Economics
• Law and Economics
• Macroeconomics and Monetary Economics
• Microeconomics
• Public Economics
• Urban, Rural, and Regional Economics
• Welfare Economics
• Browse content in Education
• Adult Education and Continuous Learning
• Care and Counselling of Students
• Early Childhood and Elementary Education
• Educational Equipment and Technology
• Educational Strategies and Policy
• Higher and Further Education
• Organization and Management of Education
• Philosophy and Theory of Education
• Schools Studies
• Secondary Education
• Teaching of a Specific Subject
• Teaching of Specific Groups and Special Educational Needs
• Teaching Skills and Techniques
• Browse content in Environment
• Applied Ecology (Social Science)
• Climate Change
• Conservation of the Environment (Social Science)
• Environmentalist Thought and Ideology (Social Science)
• Natural Disasters (Environment)
• Social Impact of Environmental Issues (Social Science)
• Browse content in Human Geography
• Cultural Geography
• Economic Geography
• Political Geography
• Browse content in Interdisciplinary Studies
• Communication Studies
• Museums, Libraries, and Information Sciences
• Browse content in Politics
• African Politics
• Asian Politics
• Chinese Politics
• Comparative Politics
• Conflict Politics
• Elections and Electoral Studies
• Environmental Politics
• European Union
• Foreign Policy
• Gender and Politics
• Human Rights and Politics
• Indian Politics
• International Relations
• International Organization (Politics)
• International Political Economy
• Irish Politics
• Latin American Politics
• Middle Eastern Politics
• Political Behaviour
• Political Economy
• Political Institutions
• Political Methodology
• Political Communication
• Political Philosophy
• Political Sociology
• Political Theory
• Politics and Law
• Politics of Development
• Public Policy
• Public Administration
• Quantitative Political Methodology
• Regional Political Studies
• Russian Politics
• Security Studies
• State and Local Government
• UK Politics
• US Politics
• Browse content in Regional and Area Studies
• African Studies
• Asian Studies
• East Asian Studies
• Japanese Studies
• Latin American Studies
• Middle Eastern Studies
• Native American Studies
• Scottish Studies
• Browse content in Research and Information
• Research Methods
• Browse content in Social Work
• Addictions and Substance Misuse
• Adoption and Fostering
• Care of the Elderly
• Child and Adolescent Social Work
• Couple and Family Social Work
• Direct Practice and Clinical Social Work
• Emergency Services
• Human Behaviour and the Social Environment
• International and Global Issues in Social Work
• Mental and Behavioural Health
• Social Justice and Human Rights
• Social Policy and Advocacy
• Social Work and Crime and Justice
• Social Work Macro Practice
• Social Work Practice Settings
• Social Work Research and Evidence-based Practice
• Welfare and Benefit Systems
• Browse content in Sociology
• Childhood Studies
• Community Development
• Comparative and Historical Sociology
• Economic Sociology
• Gender and Sexuality
• Gerontology and Ageing
• Health, Illness, and Medicine
• Marriage and the Family
• Migration Studies
• Occupations, Professions, and Work
• Organizations
• Population and Demography
• Race and Ethnicity
• Social Theory
• Social Movements and Social Change
• Social Research and Statistics
• Social Stratification, Inequality, and Mobility
• Sociology of Religion
• Sociology of Education
• Sport and Leisure
• Urban and Rural Studies
• Browse content in Warfare and Defence
• Defence Strategy, Planning, and Research
• Land Forces and Warfare
• Military Administration
• Military Life and Institutions
• Naval Forces and Warfare
• Other Warfare and Defence Issues
• Peace Studies and Conflict Resolution
• Weapons and Equipment

• < Previous chapter
• Next chapter >

7 Constitutional Identity

Gary Jeffrey Jacobsohn is H. Malcolm MacDonald Professor of Constitutional and Comparative Law, Department of Government, University of Texas at Austin

• Published: 06 February 2017
• Cite Icon Cite
• Permissions Icon Permissions

This chapter examines the concept of constitutional identity as it applies to the Indian Constitution. It first considers the problem of constitutional identity, with particular emphasis on the preservative function of the constitution. It then explains how the constitution acquires an identity that emerges dialogically and represents a combination of political aspirations and commitments reflective of a nation’s past. It also explores the static and dynamic perspectives on identity with regard to the transformational agenda of Indian constitutionalism, along with the underlying politics of constitutional identity and the judiciary’s articulation of the meaning of constitutional identity. The chapter concludes by reviewing two highly controversial cases that have important implications for India’s constitutional identity.

I. Introduction

As constitutions go, India’s has been around for a long time. Sixty-four years may not seem so very long—the American counterpart, after all, has been with us for 227 years—but when one considers that the average lifespan of constitutions is nineteen years, 1 a document that has governed a nation since 1950 may have earned the right to be viewed as durable—perhaps even venerable. If, as this chapter presumes, constitutions possess an identity, the Indian Constitution will have had a longer period of time to acquire and develop one than comparable documents in a clear majority of the world’s nations. As we shall see, a constitution’s continuity over time is important to the inquiry of this chapter; for the same reason that a person’s identity is not fixed in the distinctive makeup of the infant who first emerges from the womb, the identity of a constitution is only imperfectly knowable through the provisions promulgated upon its framing and adoption.

Still, those provisions can hardly be ignored, and indeed they are the most obvious source for commencing an examination of constitutional identity. Even if a document avoids self-identification through explicit textual pronouncement—be it in a preamble or some other declaratory section—evidence for establishing a preliminary account of its identity must surely be connected to specific textual commitments, as in the way that a constitution configures its regime of rights. But what if this configuration is not particularly distinctive, such that its resemblance to other constitutions turns out to be more striking than its particularity? For example, in one exhaustive study of the evolution of global constitutionalism it was found that ‘constitutions share a substantial and growing generic component … [that] casts doubt upon the notion that constitutions are unique statements of national identity and values’. 2 From this the authors conclude that with respect to the expressive function of constitutions, ‘[p]erhaps they should be considered expressions not of national identity, but of membership in the global community or a constitutional family’. 3 Or it might even suggest that ‘national identity is itself becoming increasingly globalized and less distinctive’. 4

Plausible as such inferences might be, they are unsustainable absent a more searching exploration of specific constitutional orders. That the generic component of constitutional development is increasingly evident in linguistic, textual convergence is significant, but in itself it cannot be the basis for denuding constitutions of their particular identities. Hence in what follows I accept Walter Murphy’s wise counsel to avoid ‘conflating the political values and arrangements under which a people live with the values and arrangements that a constitutional document specifies’. 5 Thus, ‘no constitutional document long remains coextensive with the constitutional order’. 6 Or as Andras Sajo has argued, ‘The text itself has only limited potential for forging identity. A legally binding document is but a first step on the long and winding road from a political design for collective identity to a socially embedded institution that actually fosters such identity.’ 7 What is required is some independent empirical demonstration that the text is in fact mainly consistent with constitutional experience. This argues for withholding judgments about identity until confirmation that the codified rules and principles of the document actually resonate in the practices and culture of the body politic. A constitution’s language may indicate a commitment on the part of its authors, and conceivably its subsequent interpreters, to establish a constitutional identity, but until corroborated in the accumulated practice of a constitutional community, the goal, however noble, will remain unfulfilled. Who would say, for example, that the constitutional identity of the former Soviet Union was discernible within the folds of its governing charter?

Drawing upon this more capacious rendering of the constitution, the chapter’s first section presents a brief conceptual orientation to the problem of its identity, focusing on its preservative function. A constitution acquires an identity through experience; this identity neither exists as a discrete object of invention, nor as a heavily encrusted essence embedded in a society’s culture, requiring only to be discovered. Rather, identity emerges dialogically and represents a mix of political aspirations and commitments that are expressive of a nation’s past, as well as the determination of those within society who seek in some ways to transcend that past. Yet if this suggests, as it should, a dynamic understanding of constitutional identity, the practical purpose to which the concept is frequently put—resisting radical change—entails a more static view that, as will be evident in the Indian case, complicates the task of comprehending its specific meaning.

The idea of constitutional identity has received ample consideration in Indian constitutional jurisprudence. Thus the Supreme Court has been unusually self-conscious in its elaboration of the concept. The Court has done so mainly by developing the controversial doctrine of ‘basic structure’, in which it has designated a number of constitutional features to be of such importance that it would be prepared to challenge any action perceived as a threat to their existence, including an amendment to the Constitution. On the other hand, there has been less consideration given—among theorists generally and also judges in India—to the concept of identity as a dynamic factor in constitutional development. A theory of constitutional identity that cannot account for significant departures from constitutional continuity is an incomplete theory. What has been said of the identities that make up a nation’s social order can be said of its constitutional identity as well:

Collective identities constitute the most basic components of any social order and are products of culture, but they are not fixed social and political variables. They are flexible, oscillating, and changeable, sometimes dramatically and visibly, other times subtly and gradually. They include a wide range of different identities that individuals and collectivities hold simultaneously. 8

The acuity of this observation is particularly relevant to India, and the second section of the chapter explores its jurisprudential implications in the context of one of the Court’s basic structure commitments: secularism.

Whether viewed statically or dynamically, in what respect is it correct to pronounce that in the more than sixty years in which the Indian Constitution has been in existence a clear and unambiguous identity has emerged from the often tumultuous course of that post-Independence history? The final section addresses the uncertainty surrounding this question by focusing briefly on two high-profile controversial cases, the outcomes of which revealingly cast doubt on the reliability of any confident response, leaving us to ponder the still very vexed status of Indian constitutional identity.

II. Revolution and the Constitution: Static Identity

‘The Constitution is a precious heritage; therefore you cannot destroy its identity.’ 9 Such was the declaration that accompanied the Indian Supreme Court’s reaffirmation of its jurisprudential commitment to the idea that constitutional amendments may be declared unconstitutional. Earlier, in the landmark Kesavananda case, 10 the Court had famously asserted its authority to do so when an amendment—even one adopted in full conformity with constitutionally prescribed procedure—was in defiance of the ‘basic structure’ of the Indian Constitution. Under the theory that constitutional change cannot destroy what it modifies, the judgment in effect arrogated to the judiciary a supervisory role over any codified transformation that threatened regime essentials.

Although the assumption of this role can be compellingly told as a story of a beleaguered court’s defence of its institutional prerogatives, its broader meaning and significance for Indian constitutional identity will more clearly come into focus if the novel review power is featured within an even more evocative story that one could tell about revolutionary change. In his First Inaugural Address Abraham Lincoln said, ‘This country … belongs to the people who inhabit it. Whenever they should grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it.’ 11 In effect, what the Supreme Court in India did in the series of cases that extended its review powers beyond the confines of ordinary law was to reject the exercise of the amendment power as a means for accomplishing revolutionary change. Thus, in the sentence preceding the injunction against destroying the Constitution’s identity, Chandrachud J wrote: ‘Amend as you may even the solemn document which the founding fathers have committed to your care, for you know best the needs of your generation.’ 12 His point was Lincolnian: the people who inhabit India are entitled to shape the Constitution in a manner that mirrors their sense of what the changing times require; but to the degree that their efforts become so radical as to eviscerate the very identity of the Constitution, their actions are illegitimate and hence must be resisted. As Madhav Khosla has observed, ‘More than a struggle for power, the [basic structure] doctrine represents an effort to distinguish between a constitutional amendment and revolutionary action.’ 13

Lincoln and the American experience—in which, it should be said, the idea of an unconstitutional constitutional amendment has never taken hold—was not a direct source of inspiration for Indian jurists. Instead it was Germany—where the Basic Law’s explicitly preservative entrenchment provisions had become the touchstone for the post-War Constitutional Court’s recognition of its authority to invalidate an identity-nullifying amendment—that figured most prominently in the development of Indian jurisprudence. 14 Designed as a hedge against any retreat from the ‘new’ Germany to the ‘old’, the invocation of these ‘eternity’ provisions came to be regarded as a defining assertion of constitutional identity, as an expression of how at its highest legal competence a post-revolutionary German nation conceived of itself and how it expected to be perceived by others. Indeed, the German interest in the subject of constitutional identity is historically obvious, as would be the interest in the individual identity of anyone who had been close to another whose personality appeared at some point to have drastically changed for the worse. As was said in Kesavananda , ‘The personality of the Constitution must remain unchanged.’ 15

While the emergence of a nation’s constitutional identity may be imbued with revolutionary significance, once established it quite naturally mutates into the focal point for resistance to radical change. ‘[N]o constitution can contain rules which allow its abolishment altogether; this would permit revolution, whereas it is the very meaning of constitutions to avoid revolutions; and to make them dispensable.’ 16 But if constitutions do not explicitly contain rules for their own eradication, most do not provide insurance against the possibility of this happening. Germany is the most notable exception; its eternity clauses are, in Ulrich Preuss’s depiction, intended to render revolutions dispensable. Stated differently, its document is structured to prevent a transformation of such principled magnitude that its constitutional identity would become something very different from what it is. The illegitimacy of this negation of constitutional identity is now well recognised in theorising about the subject; thus the repudiation of the founding assertion of identity-instantiating constituent power—a term imbued with both descriptive and normative significance—cannot later be annulled through means of a subsequent amendment. However elevated its legal status may be relative to ordinary law, such formal constitutional modifications are deficient in those attributes that would enable one to equate them with the legitimating authority of the original affirmation of identity.

The framers of India’s Constitution did not include eternity clauses in their handiwork, yet they clearly saw themselves as exercising the constituent power of the Indian nation. As formulated by Dietrich Conrad, the relevant question became, ‘[H]as the original constituent power been spent in the effort, or have the people retained it, to exercise it, if they wish to replace the existing Constitution by a new one?’ 17 Conrad’s answer is apparent in the Indian Court’s amendment jurisprudence. ‘[A]n ordinary legislative assembly can never be said to exercise the original constituent power.’ 18 Thus the underlying assumption in these cases is that Parliament’s Article 368 amending power is subordinate to the creative authority that first established the Constitution’s basic structure. Another way of putting this is that the implicit substantive limits to the amending power are inscribed in constitutional provisions in whose contents are to be found an articulation of a fixed constitutional identity. As Bhikhu Parekh has observed, ‘There was an extensive debate … in the Constituent Assembly, resulting in the Indian Constitution, which provides the clearest statement of the country’s self-given identity.’ 19

The substance of this articulation is of course contestable, but in addition to the obvious point that controversy will always attend the question of identity, we should consider that judicial reliance on its defensive properties suggests a further supposition that is surely much in doubt, namely that constitutional identity is to be equated with, or confined to, preservative, status quo goals and aspirations. Properly rendered, however, the concept of identity embodies a dynamic dimension that enables it to facilitate as well as hinder dramatic changes in constitutional development. Understandably in Germany viewing identity as fixed and immutable allows one to embrace the appealing logic that preventing things from getting radically better is a price worth paying to ensure that they do not become radically worse. Yet the static position on identity, important as it is, represents only a partial account of the subject. Particularly with reference to the transformational agenda of Indian constitutionalism, it must be accompanied by a more dynamic understanding of the phenomenon.

III. Reform and the Constitution: Dynamic Identity

To be sure, much of the aspirational content of a nation’s specific constitutional identity consists of goals and principles whose permanent and entrenched qualities are shared by other nations, and that are indeed part of a common stock of aspirations we have come to associate more generally with the enterprise of constitutionalism. These aspirations may be described collectively as ‘the inner morality of law’ 20 or the requirements of ‘generic constitutionalism’ 21 implicit in a nation’s discourse of justice. Such fixed norms need to be reconciled with the particularistic commitments of local traditions and practices; the substance of a nation’s constitutional identity will to a large extent reflect how the essentials of constitutionalism combine and interact with the attributes of a constitution that are expressive of unique histories and circumstances.

A constitutional amendment may therefore be considered problematic in one of two ways: (i) the change it portends could subvert the fundamentals of constitutional government, at the core of which is the rule of law and the administration of impartial justice; (ii) the change it portends could substantially transform or negate a defining political commitment of the constitutional order that had been central to the nation’s self-understanding. The second possibility implicates the distinctive character of a constitution; the first is more consequential as it concerns the realisation of constitutionalism in a given polity.

For example, in India the commitment to secularism can be found, among other places, under the constitutional rubric of basic structure, but so far this judicial placement has not led to any Court decision invalidating an amendment. If such were to occur the Court would doubtless contend that its action was a justifiable defence of constitutional identity, perhaps referencing Khanna J in Kesavananda : ‘The word “amendment” postulates that the old constitution survives without loss of its identity despite the change and continues even though it has been subjected to alterations.’ 22 In the case of secularism, however, the identity in question would be very specific to the Indian experience, and for that reason predictably contestable given the competing versions of the concept that have struggled for ascendancy in the course of the nation’s history.

On the other hand, where the Indian Court has declared an amendment unconstitutional, it has done so in response to egregious political aggrandisement—notably involving Indira Gandhi’s efforts to hold on to power—and the perceived threat to the fundamentals of constitutionalism related thereto. The ringing affirmations of the basic structure doctrine in Indira Gandhi (1975) and Minerva Mills (1980) were occasioned by amendment provisions that, in the opinion of a justice in the first of these cases, offended ‘[t]he common man’s sense of justice’. 23 This was the sense of justice that instinctively triggers resistance to an assault on the very possibility of constitutional government, as opposed to any challenge to its specific variants. ‘If by constitutional amendment’, wrote another justice in the latter case, ‘Parliament were granted unlimited power of amendment, it would cease to be an authority under the Constitution, but would become supreme over it, because it would have power to alter the entire Constitution including its basic structure and even to put an end to it by totally changing its identity.’ 24 Such invocations, as Khosla has noted, stress ‘abstract principles rather than particular provisions’, 25 which is to say they speak to general attributes that we associate with the necessary requirements of governing within constitutional parameters. Or as Edmund Burke said of Warren Hastings’ crimes in India, they were ‘not against forms, but against those eternal laws of justice, which are our rule and our birthright’. 26

Once we descend from the more abstract conceptual heights of constitutional identity, we find ourselves in the trenches of a dialogical developmental account that incorporates an easily overlooked feature of the universal constitutional condition, which is that in one way or another all constitutions confront or embody the problem of disharmony . Sometimes this condition exists in the form of contradictions and imbalances internal to the constitution itself, and sometimes in the lack of agreement evident in the sharp discontinuities that frame the constitution’s relationship to the surrounding society. 27 The question of identity is prominently implicated in the various permutations of the disharmonic constitution, embodied principally in the determination to eliminate or maintain the discordant aspects of the constitutional predicament. Disharmony is a precondition for change, and efforts to reduce or defend it reveal that, taken as a whole, constitutional identity is not a static or fixed thing. To apprehend the full complexity of the idea is to see its dynamic quality, which results from the interplay of forces seeking either to introduce greater harmony into the constitutional equation or, contrariwise, to create further disharmony. One could imagine the latter development culminating in a rupture of constitutional continuity, thereby setting in motion a process whose goal might be the reconstituting of the polity.

In relation to India there are two powerful claims on constitutional identity, both firmly rooted in centuries of conflict and contestation. Since Independence one of these claims—for a secular composite culture nation—has been in ascendance, but the other—for a Hindu nation—has influenced the aspirational content of constitutional identity, and at times posed a distinct threat to the hegemony of the predominant view. The identity that has emerged from this extended discordant chronicle reflects the entrenched realities of both visions; the constitutional text embodies them (by no means equally given one side’s effective control of the framing process), as does the history of constitutional construction and interpretation. Along the way there have been efforts to reinvent the past, most notably by those determined to create a history expunged of the truths that complicate their ethno/religious story.

Often the debate in India over judicial enforcement of the Basic Structure doctrine concerns its application to the issue of secularism. The Constitution was adopted against a backdrop of sectarian violence that was only the latest chapter in a complex centuries-old story of Hindu–Muslim relations on the Asian subcontinent. Much of that history had been marked by peaceful coexistence; nevertheless, the bloodbath that accompanied Partition reflected ancient contestations and ensured that the goal of communal harmony would be a priority in the constitution-making process. Thus, ‘India, with its complex and cross-cutting variations along the lines of religion, language, and caste, is the pre-eminent instance of the use of multicultural policies to maintain democracy and represent culturally inflected interests.’ 28

But it was not the only priority. If not as urgent, then certainly as important, was the goal of social reconstruction, which could not be addressed without constitutional recognition of the State’s interest in the ‘essentials of religion’. So deep was religion’s penetration into the fabric of Indian life, and so historically entwined was it in the configuration of a social structure that was by any reasonable standard grossly unjust, that the framers’ hopes for a democratic polity meant that State intervention in the spiritual domain could not be constitutionally foreclosed. As a former Indian Chief Justice has observed, ‘The multi-dimensional jurisprudence woven around the Preamble has a revolutionary thrust as it seeks to transform the socio-economic structure of our society.’ 29 The design for secularism in India required a creative balance between socio-economic reform that could limit religious options and political toleration of diverse religious practices and communal development. Taken together, the ameliorative and communal provisions—often in tension with one another—evince a constitutional purpose to address the social conditions of people long burdened by the inequities of religiously inspired hierarchies.

Herein lies the dilemma of Indian constitutional identity. The original vision of the secular constitution had emphasised the rights and sensibilities of religious minorities (especially Muslims), to the point that the secular ideal of religious freedom came to be inscribed, paradoxically, in both the aspiration for a uniform civil code and in the implicit invitation to frustrate its realisation. The constitutive domain of religion is, by the terms of the Constitution, open to encroachment by forces of political and social transformation; but the legitimacy of this undertaking is at least partially dependent on preserving political space for religious identity. If it is indeed the case that a ‘revolutionary’ mission lies at the core of Indian constitutionalism, then inevitably there will be a tension between that commitment and the promise of continuity that has dominated all reflection on the problem of identity at least since the seventeenth century. What Thomas Reid wrote then of personal identity, that it manifested ‘an uninterrupted continuance of existence’, 30 is, as we have seen, applicable to constitutional matters as well. So while the depiction in the landmark Bommai case of secularism as ‘the soul of the Constitution’ 31 was doubtless done without any conscious awareness of the soul’s significance for early modern theories of identity, the association calls attention to the fact that the concept of identity is closely allied with the idea of continuity rather than transformation. To the extent, however, that the constitutional ‘soul’ in India was intended to be ornery—that is to say, confrontational and militant in relation to the social order within which it was embedded—the Indian case presents an interesting challenge to the dominant theory of identity.

Still, it is a less formidable challenge if the fundaments of constitutional identity—most importantly its dynamic aspect—are not overlooked. If continuity—or in Burke’s famous account, prescription (‘a presumption in favour of any settled scheme of government against any untried project’ 32 )—is critical for establishing the core of such identity, critical too is the recognition that what is settled is also mutable. At the constitutional level, identity is often shaped through the creative interaction between divergent strands within an extant tradition; thus continuity need not connote internal agreement so much as ‘continuities of conflict’ 33 —in other words, the dynamic of disharmony. Conflicting and enduring understandings of the constitutional self play off against one another within the circumscribed parameters of the national historical narrative. And so the ameliorative and communal strands within the Indian constitutional firmament represent aspirations that, while in tension with one another, provide a measure of animation to the nation’s constitutional identity, and as such defy efforts to sanctify any particular rendering of this identity with the mantle of immutability.

What, then, follows from these reflections on identity? First, constitutional identity can accommodate an aspirational aspect that is at odds with the prevailing condition of the society within which it functions. The idea of the prescriptive constitution might suggest that what is must be (identity as pure discovery), but a strictly positivistic inference need not be drawn from the principle of inheritance. In the case of the framers of India’s Constitution, the prevailing social structure, while deeply rooted in centuries of religious and cultural practice, was contestable in accordance with sources from within the Indian tradition that are also a part of its prescriptive Constitution. History revealed disharmony within established traditions and between the dominant strand and society. ‘One of the remarkable developments of the present age’, wrote Nehru shortly before Independence, ‘has been the rediscovery of the past and of the nation.’ 34 Nehru was one of several delegates at the Constituent Assembly to invoke the name of Ashoka, whose famous edicts have endured as a source of moral and ethical reflection for more than a millennium. Used both as an emulative model for behaviour towards society’s destitute and as a basis for criticising the Hindu nationalist rejection of Indian nationhood as rooted in a composite culture, the Ashokan example shows how continuity in the construction of a constitutional identity can draw upon alternative (and even dissenting) sources within one tradition, and then reconstitute them to serve at times as a reproach to other strands (and their societal manifestations) within the same tradition. In other words, it exemplifies ‘continuities of conflict’.

A defence of secularism as a central feature of the Indian Constitution’s Basic Structure inevitably finds people differing in the meanings they assign to this fundamental commitment. For example, the Hindu Right has often assured Indians that it accepts the constitutional centrality of secularism, which it embraces as a version of the strict separationist model endorsed by many in the United States, which requires it to oppose Muslim personal law, and which it contrasts with the ‘pseudo-secularism’ championed by its political opponents. 35 The latter include the Justices on the Supreme Court, most of whom have incorporated the differing perspectives of Gandhi, Nehru, Ambedkar, and others to articulate a uniquely Indian understanding that has been aptly described by Rajeev Bhargava as ‘contextual secularism’. At the core of this position is the strategy of ‘principled distance’, which, according to Bhargava, means that ‘[T]he State intervenes or refrains from interfering, depending on which of the two better promotes religious liberty and equality of citizenship.’ 36 Thus the specific forms that secular States take should reflect the particular constitutive features of their respective polities. In India this means (as is so enshrined in the Constitution) that for certain purposes—for example, establishing separate sectarian electorates—the State cannot recognise religion, but for others—for example, establishing a limited regime of personal laws—it may do so. The State need not relate to all religions in the same way; the bottom line, however, is that public policy regarding intervention, non-interference, or equidistance be guided by the same non-sectarian principle of equal dignity for all.

The process by which this concept of secularism emerged as a mark of constitutional identity, then to be extended protected status under the Court’s Basic Structure jurisprudence, is roughly analogous to the dialogical formation of personal identity. Much as a self evolves interactively within the specific contours of its environment, India’s constitutional identity, as refracted largely through the determinative lens of secularism, is the product of historically conditioned circumstances in which choices are limited by the dual realities of complex communalism and religiously inspired societal inequality. As Anthony Smith has noted, ‘The Indian example reveals the importance both of manufactured political identity and of pre-existing ethno-religious ties and symbols from which such an identity can be constructed.’ 37 The nation as an ‘idea of continuity’, in which, as Burke said, a constitution discloses itself ‘only in a long space of time’, 38 can go far to explain how the main outlines of a secular identity are discoverable as a contingent part of the political and moral order.

IV. Constitutional Identity and the Court: The Elusive Promise

Just as it is tempting to locate constitutional identity in the text of a constitution, it is similarly alluring to imagine finding a definitive articulation of its meaning in the decisions and opinions of the judiciary. As has already been suggested, the text can only provide at best limited service in delivering to us what we desire, much the same as when we look to the judiciary for certain discovery of that elusive object of our interest. The reason for this is only partly accounted for by the wrongness of assuming that the ‘constitution is what the Supreme Court says it is’. 39 At least as significant as the acknowledgement of the Court’s fallibility is the unyielding fact that its interpretive powers are constrained by the decisions of other institutional actors involved in the writing of a nation’s constitutional narrative. Indeed, the absence of monopolistic authority over the shaping of constitutional identity is amply illustrated in Indian politics and jurisprudence. As is shown in the following brief discussion of two landmark court cases, the ambiguity that surrounds the portrayal of Indian constitutional identity is to a large degree attributable to the nation’s indeterminate path of post-judicial developments.

1. Identity and the Vagaries of Ordinary Politics

As Sanjay G Reddy has noted, ‘India’s public institutions function in the context of a “long democratic revolution”.’ 40 Among other things, this means that the well-known description of the judiciary as an ‘arm of the social revolution’ 41 should not convey a sense that the courts in India, even when they have arguably acted in conformity with this expectation, have had a revolutionary impact on the nation’s development. That the attainment of a democratic revolution was a major component in the vision animating many of the framers of the Constitution is undeniable and abundantly manifest in some key provisions in the document they cobbled together. Even as an unfulfilled aspiration it must be considered highly germane to any assessment of Indian constitutional identity; 42 its fulfilment would remove any tentativeness from an assessment of its relevance.

The case of SR Bommai v Union of India is known for many things, not the least of which are its signal contributions to discussions of emergency power, federalism, and secularism. Of course, all of these subjects pertain to the question of identity, but there is an aspect of that case that is particularly illuminating, specifically of the ways in which a juri-centric understanding of the entrenchment of Indian constitutional identity must be considered problematic. Much like the United States Supreme Court’s decision in Brown v Board of Education , 43 where the congealing of racial equality into the core of American constitutional identity occurred only in the wake of legislative and executive actions flowing from that landmark case, the ultimate significance of Bommai rests not so much in the folds of that decision as in political developments that could emanate from its holding. Thus the Court pointed out, ‘The Indian Constitution is both a legal and social document. It provides a machinery for the governance of the country. It also contains the ideals expected by the nation. The political machinery created by the Constitution is a means to the achieving of this ideal.’ 44

Inherent in the Indian constitutional condition is a plainly articulated gap between foundational ideals and existing realities; the question is whether the radical disharmony between law and society establishes a constitutional obligation for the State to resolve the most severe of these contradictions. Arguably, this obligation is inscribed in the Constitution in several ways, including the various invitations extended to the State to regulate religious practices in the interest of social welfare and equality. The most visible constitutional expression of the aspirations that stamped the document with a distinctive identity is to be found in Part IV, the Directive Principles of State Policy. The provisions contained in this section are not enforceable by the judiciary, but, as stated in Article 37, ‘the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws’. As has been noted with only slight exaggeration, the ‘Directive Principles of State Policy constitute the soul, the very spirit of the ethos of the Constitution. These principles are the epitomes of social policy whereupon the State has been enjoined to embark on the goals of distributive justice.’ 45

Earlier, we saw how in Kesavananda the Supreme Court invoked basic structure as a defensive move to preserve what it designated as the Constitution’s identity. On paper, at least, this breakthrough was enough to vault the Court to the forefront of the world’s most activist judiciaries. But precisely because Kesavananda was not about ordinary politics, the actual impact of basic structure jurisprudence was likely to be experienced more symbolically than tangibly. Bommai adapted the doctrine for application to the politics of day-to-day governance, establishing it not only as a standard against which the Court could judge the constitutionality of others’ actions, but also as a potential touchstone for directing the course of actions not yet taken. The great challenge of Indian constitutionalism is to deliver on the promise of its transformative aspirations. That arguably requires a Court performing more ambitiously than in the familiar naysayer role of the orthodox judicial review model, but also one attuned to the limitations of judicial power and the hollowness that is so often the fate of the more grandiose hopes for judicial interventions in policymaking.

The principal result in Bommai was the approval given to the dismissal of three elected State governments deeply implicated in the violence associated with the destruction of a mosque. Yet the broader meaning of the decision may be found in the connection drawn in some of the opinions between the basic structure doctrine—specifically as it relates to secularism—and the responsibility of the Union government to advance the constitutional essentials of the polity. Thus the immediate consequence of the ruling was to affirm the Centre’s finding of a ‘failure of constitutional machinery’ in the States; more interesting were the long-term possibilities: that the Indian political system had a positive responsibility to abide by the spirit of the Constitution, that the Directive Principles of State Policy would henceforth be imbued with more than hortatory significance. As SP Sathe wrote, ‘[F]or the first time the Supreme Court used secularism as a reference for judging the validity of State action.’ 46

The development of constitutional identity may thus be conceptualised as a maturation process involving ongoing interactions among multiple actors operating within the parameters of text and history. Of the Constitution, Reddy J noted in Bommai , ‘[I]ts material provisions are inspired by the concept of secularism. When it promised all the citizens of India that the aim of the Constitution is to establish socio-economic justice, it placed before the country as a whole, the ideal of a welfare state.’ 47 India’s Constitution is explicitly and implicitly an affirmative action constitution. By invoking the basic structure doctrine in support of the national government’s dismissals of State governments for their derelictions of duty, the Court in effect was liberating the Centre to be a proactive player in fulfilling the aspirations that it, the Court, had certified as high-priority goals. Of course, the attainment of these goals will depend on whether the government in New Delhi is sympathetic to this constitutional agenda; moreover, yet to be determined is whether the Court will require it to be sympathetic. If it does, then the familiar doctrine of affirmative constitutional obligations will have been ratcheted up significantly. In this Indian incarnation it will mean that governments, even those that may not have been complicit in actively working to undermine constitutional provisions, will be required to expend resources to advance ends whose fulfilment the Court designates as necessary to further constitutional identity. The likely resistance to such an order could precipitate a constitutional crisis, which is one reason to think the Court will be reluctant to push the envelope very far.

2. The Meandering Path of Identity

The forging of constitutional identity is not a preordained process in which one comes to recognise in the distinctive features that mark a constitution as one thing rather than another the ineluctable extension of some core essence that at its root is unchangeable. The disharmonies of constitutional law and politics ensure that a nation’s constitution—a term that incorporates more than the specific document itself—may come to mean quite different things, even as these alternative possibilities retain identifiable characteristics enabling us to perceive fundamental continuities persisting through any given regime transformation.

In 2009, the High Court of Delhi decided a case that very quickly came to be seen as emblematic of Indian constitutional identity, but whose overturning a few years later by a two-judge bench of the Supreme Court cannot but cast doubt upon the stability of such a reading. In Naz Foundation v Government of India , 48 the lower court declared unconstitutional a long-standing provision of the Indian Penal Code that had criminalised ‘unnatural’ consensual sexual acts between consenting adults in private; that is, homosexual conduct. 49 The Court fashioned a constitutional right of privacy largely out of materials appropriated from abroad, with copious references to American precedents. The Indian judges saw themselves as defending ‘a constitutional morality derived from constitutional values’, and they embraced the teaching of BR Ambedkar, who had said at the Constituent Assembly: ‘[I]t is perfectly possible to pervert the Constitution, without changing its form by merely changing its form of administration and to make it inconsistent and opposed to the spirit of the Constitution.’ 50 But these judges failed to elucidate the relevance of the many pages of their opinion devoted to other peoples’ constitutions for maintaining the spirit of their constitution.

Fortunately, others have provided explanations. Sujit Choudhry, for example, persuasively argues that ‘the missing link between the comparative jurisprudence on same-sex rights and the basic premises of the Indian Constitution is the analogy between sexual orientation and untouchability’. 51 He points out that the judgment’s invocation of the ideals animating the adoption of the Indian Constitution, in particular the intention to advance a ‘social revolution’, provided the broader context within which the criminalisation of same-sex relations was assessed. The Court explicitly appealed to Nehru’s passionate devotion to the constitutional goal of inclusiveness; in addition, Choudhry reveals that what was not explicit in the text of the opinion—a specific reliance on the South African judiciary’s linkage of discrimination based on caste and sexual orientation—played an important role in the outcome of the case in India. ‘The idea of a constitution as a dynamic, evolving instrument of social change is arguably the principal influence of the Indian constitutional experience … ’ 52 In this account, the Delhi High Court ruling is an embodiment of the identity-marking commitment to ‘transformative constitutionalism’. And so, ‘ Naz Foundation demonstrates that under the dialogical model, comparative materials can be used in a way that not only acknowledges, but also affirms, a distinct constitutional identity.’ 53

Four years later, however, this affirmation was in effect challenged, if not rejected, when the Supreme Court overturned the decision in Naz Foundation. The reversal was obviously a major disappointment to those who had been encouraged by the lower court’s ringing endorsement of a progressively inclusive political community, but also to anyone expecting to find in the opinion of the three-judge panel an engagement with the substantive arguments in the nullified judgment. Still, the Court’s ruling in Suresh Kumar Koushal v Naz Foundation rested on two related arguments about judicial power that are important to this chapter’s consideration of Indian constitutional identity: the sanctity of the ‘principle of presumption of constitutionality’ 54 and the impropriety of ‘extensively rel[ying] upon the judgments of other jurisdictions’. 55

Clearly, these jurisprudential commitments are a direct repudiation of the idea that the Court is ‘an arm of the social revolution’. Also manifest in the deference to Parliament as the source for legitimate expression of the indigenous will of the people is the presumption that determining the nation’s constitutional identity is not to be achieved through the imposition of the judicial will. Thus even if we assume that inclusiveness is one of the essentials of Indian constitutionalism and that an extensive documentary record is supportive of such an assumption, the dynamic quality of identity and the dialogical process by which it emerges mean that the nature and boundaries of the inclusive constitutional ethos is embedded in a deep cultural matrix from which counter-pressures to the dominant creed exert a continuing, if irregular, force seeking a more favourable standing for a less inclusive identity reflective of vital strands within the nation’s Hindu and Muslim traditions.

Taken together, then, the two decisions offer a window into the development of constitutional identity in India. The ruling by the Delhi High Court did not culminate in a definitive statement of identity, as was made clear by the Supreme Court’s subsequent decision to transfer the struggle over same-sex rights from the judicial arena to that of the legislature. Thus, the episodic and untidy process of defining constitutional identity, with its thrusting and counter-thrusting in and out of courtrooms, will proceed in tandem with the evident disharmony between aspirations and behaviour, and with the uncertainty that accompanies a progression whose end-point is necessarily elusive. A pivotal idea of this chapter has been that disharmony, whether manifest in the incongruities lodged within a constitution, or in the gap between inscribed commitments and external realities, is the main impulse behind the shaping of constitutional identity. Yet to understand how it works requires serious engagement with sources from within the traditions of a polity that extend much further back in time than the occasions that trigger the impulse. Therefore, while the Indian Constitution, as framed and amended, is permeated by a transformative ethos that establishes a radically egalitarian playing field upon which a constitutional identity is to be constructed, the document also expresses in more muted fashion an exclusivist voice with deep resonance in the history of the subcontinent. The interactive process intrinsic to a constitutional work in progress ensures that the outcome in Koushal will not be the final word on its subject, or for that matter on the bigger idea of identity to which it is connected.

V. Conclusion

A constitution is a large piece of a nation’s constitutional identity, but it is not coterminous with it. In most cases it lays down key markers of that identity, then to be adapted to changing political and social realities in ways that modify, clarify, or reinforce it through the dialogical engagement of various public and private sources of influence and power. As suggested at the outset, until a convergence is apparent between constitutional rules and principles on the one hand and actual constitutional practices on the other, one would be well advised to withhold definitive conclusions about a nation’s constitutional identity.

Circumspection in this regard is particularly warranted in India, where the question of identity is so closely linked with transformative aspirations. The very notion of a confrontational constitution hints at the magnitude and daunting nature of the challenge of reconstruction; what an Indian jurist once called a ‘militant environment’ 56 is unlikely passively to submit to the transformative designs of a hostile constitution. For that reason, the success of such a constitution in delivering on its promise of radical change is by no means assured. Indeed, the one explicit mention of revolution in the Indian Constitution is quite revealing in this respect. It appears in the Statement of Objects and Reasons that serves as a preamble to the Forty-Second Amendment adopted in 1976. ‘The question of amending the Constitution for removing the difficulties which have arisen in achieving the objective of socio-economic revolution … has been engaging the active attention of Government and the public for some years now.’ The response: dramatically increase the powers of the government while diminishing the authority of the judiciary.

In invoking the radical design behind the document, the amendment reflects an accurate rendering of original constitutional aspiration—at least the dominant view—but also the enormous challenge of delivering on its promise. What is more, the dubious auspices under which the constitutional course correction was arranged—the emergency government of Indira Gandhi—suggest that there may be a heavy price to pay for seeking fulfilment of the redemptive ambitions of political leaders. More generally, the Indian example suggests a larger point about constitutional identity and change, namely that aspirational considerations necessarily entail a high measure of uncertainty in establishing their ultimate transformative significance.

This uncertainty is also, as we have seen, inextricably tied to a constitutional commitment—to social tradition and communal integrity—that has always coexisted uneasily with constitutive transformative aspirations. As perhaps most poignantly illustrated in the famous Shah Bano case 57 —in which the decision by the Supreme Court to override Muslim personal law in favour of a section of the criminal code precipitated a massive political backlash that culminated in the adoption of legislation denying divorced Muslim women maintenance rights under the law—the goal of societal reconstruction along egalitarian lines is easier inscribed than achieved. The story in this instance was one of ‘gender justice … rendered hostage to community identity’. 58 But the broader implication of the case and its aftermath is this: that so long as communal identities remain a salient and entrenched feature of the Indian social scene, and so long as these identities continue to draw upon the ample resources of the local constitutional tradition, any depiction of Indian constitutional identity will need to accept the inevitability of flux and ambiguity.

Finally, we must appreciate that constitutional democracy incorporates a commitment that necessarily muddies the waters of identity: democracy. Elections matter, particularly those having dialogical implications for the adjustments and modifications that accompany the progression of a nation’s constitutional identity. Whether, for example, the outcome in the 2014 elections in India ‘entails nothing short of an attempt to roll back the long social revolution that has been effected in this country over the last one hundred years’ 59 remains to be seen. Still, such speculation about a social counter-revolution reminds us that commitments widely imagined as firmly entrenched—even those displaying the markings of constitutional inscription—possess a more contingent quality than may commonly be assumed. This, of course, does not mean that the substance of constitutional identities tracks the vagaries of electoral politics; indeed, with regard to those constitutional essentials that represent the necessary, if not sufficient, elements of the totality of constitutional identity they should have little, if any, determinative impact. In relation, however, to the dynamic components of identity, those making up the core of the expressive function of a constitution, a major displacement in political power can affect the relative standing of competing strands within the disharmonic constitutional order, and thus the shape of constitutional identity. Such is certainly the case in the world’s largest constitutional democracy.

Zachary Elkins , Tom Ginsburg , and James Melton , The Endurance of National Constitutions (Cambridge University Press 2009) 129 . Of India the authors write, ‘According to the predictions of our epidemiological model, India’s framers have built a document to last generations’: ibid 151 .

David S Law and Mila Versteeg , ‘The Evolution and Ideology of Global Constitutionalism’ (2011) 99 California Law Review 1163, 1243 .

Law and Versteeg (n 2 ) 1244 .

Walter F Murphy , Constitutional Democracy: Creating and Maintaining a Just Political Order (Johns Hopkins University Press 2007) 13 .

Murphy (n 5 ) 14 .

Andras Sajo , ‘Constitution Without the Constitutional Moment: A View from the New Member States’ (2005) 2 International Journal of Constitutional Law 243, 243 .

Baruch Kimmerling , Clash of Identities: Explorations in Israeli and Palestinian Societies (Cambridge University Press 2008) 271 .

Minerva Mills v Union of India (1980) 3 SCC 625 [16] (Chandrachud J).

Kesavananda Bharati v State of Kerala (1973) 4 SCC 225.

Minerva Mills (n 9 ) [16] (Chandrachud J).

Madhav Khosla , The Indian Constitution (Oxford University Press 2012) 159 .

Southwest State Case , 1 BverfGE 14 (1951):

That a constitutional provision itself may be null and void, is not conceptually impossible just because it is a part of the constitution. There are constitutional provisions that are so fundamental and to such an extent an expression of a law that precedes even the constitution that they also bind the framer of the constitution, and other constitutional provisions that do not rank so high may be null and void, because they contravene those principles.

The German constitutional theorist, Dietrich Conrad, was the key figure in transferring the German understanding to the Indian subcontinent. His work was cited by Indian Justices in several of the Indian cases concerning amendment provisions found unconstitutional by the Supreme Court.

Kesavananda Bharati (n 10 ) [651].

Ulrich K Preuss , ‘Constitutional Powermaking for the New Polity: Some Deliberations on the Relations Between Constituent Power and the New Constitution’ in Michel Rosenfeld (ed) Constitution, Identity, Difference, and Legitimacy (Duke University Press 2004) 157 .

Dietrich Conrad , ‘Constituent Power, Amendment and Basic Structure of the Constitution: A Critical Reconsideration’ (1977–78) 6–7 Delhi Law Review 1, 13 .

Conrad (n 17 ) 14 .

Bhikhu Parekh , ‘The Constitution as a Statement of Indian Identity’ in Rajeev Bhargava (ed) Politics and Ethics of the Indian Constitution (Oxford University Press 2008) 46 .

Lon Fuller , The Morality of Law (Yale University Press 1964) .

David S Law , ‘Generic Constitutional Law’ (2005) 89 Minnesota Law Review (2005) 652, 659 .

Kesavananda Bharati (n 10 ) [1426].

Indira Gandhi v Raj Narain (1975) Supp SCC 1 [680].

Minerva Mills (n 9 ) [86].

Khosla (n 13 ) 159 .

Edmund Burke , ‘Speech in Opening the Impeachment of Warren Hastings, Esq.’ in David Bromwich (ed) On Empire, Liberty, and Reform (Yale University Press, 2000) 388 .

Consider here what BR Ambedkar had to say in the period leading up to the new Constitution’s implementation, Constituent Assembly Debates , vol 12 (Lok Sabha Secretariat 1986) 979, 25 November 1949 :

On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics we will be recognizing the principle of one man one vote and one vote one value. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions?

Narendra Subramanian , Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India (Stanford University Press 2014) 7 .

AM Ahmadi , ‘The Constitution—Its Tryst with Destiny: Flawed or Fulfilled?’ (Conference on Fifty Years of Indian Republic, Toronto, Canada, 1 April 2000) .

Thomas Reid , Works of Thomas Reid , vol 2 (Samuel Etheridge 1814) 339 .

SR Bommai v Union of India (1994) 3 SCC 1 [144].

Edmund Burke , ‘Speech on a Motion Made in the House of Commons, the 17th of May 1782, for a Committee to Inquire Into the State of the Representation of the Commons in Parliament’ in David Bromwich (ed) On Empire, Liberty, and Reform (Yale University Press 2000) 274 .

Alaisdair MacIntyre , After Virtue: A Study in Moral Theory (University of Notre Dame Press, 1981) 206 .

Jawaharlal Nehru , The Discovery of India (Oxford University Press 1997) 515 .

This position has been often espoused by Arun Shourie, perhaps the leading ideologue of the Hindu Right, who insists, in explicit reference to American church/state separatism, that the State must take no formal cognisance of religion. See Arun Shourie , A Secular Agenda (HarperCollins 1997) .

Rajeev Bhargava , ‘What is Secularism For?’ in Rajeev Bhargava (ed) Secularism and Its Critics (Oxford University Press 1998) 515 .

Anthony D Smith , National Identity (University of Nevada Press 1991) 113 .

Burke (n 32 ) 274 .

Chief Justice Charles Evans Hughes , ‘Speech before the Elmira Chamber of Commerce (May 3, 1907)’ in Addresses of Charles Evans Hughes, 1906–1916 (2nd edn, GP Putnam’s Sons 1916) 185 .

Sanjay G Reddy , ‘A Rising Tide of Demands: India’s Public Institutions and the Democratic Revolution’ in Devesh Kapur and Pratap Bhanu Mehta (eds), Public Institutions in India: Performance and Design (Oxford University Press 2000) 457 .

Granville Austin , The Indian Constitution: Cornerstone of a Nation (Oxford University Press 1966) 164 .

This is consistent with Pratap Bhanu Mehta’s contention that ‘[T]he constitution was a radical idea, without itself containing guarantees that the social transformation it promised would come about … ’ Pratap Bhanu Mehta , The Burden of Democracy (Penguin Books 2003) 56 .

347 US 483 (1954).

SR Bommai (n 31 ) [3].

Sudesh Kumar Sharma , Directive Principles and Fundamental Rights: Relationship and Policy Perspectives (Deep & Deep Publications 1990) 5 .

SP Sathe , Judicial Activism in India (Oxford University Press 2002) 177 . SR Bommai (n 31 ) [434] (Reddy J): ‘Any State government which pursues unsecular policies or an unsecular course of action contrary to the constitutional mandate renders itself amenable to action under Article 356.’

SR Bommai (n 31 ) [305], citing Gajendragadkar J , Seminar on Secularism: Its Implications for Law and Life in India .

(2009) 160 DLT 277.

Indian Penal Code 1860, s 377.

Constituent Assembly Debates , vol 7 (Lok Sabha Secretariat 1986) 38, 4 November 1948 .

Sujit Choudhry , ‘How to Do Comparative Constitutional Law in India: Naz Foundation , Same Sex Rights, and Dialogical Interpretation’ in Sunil Khilnani , Vikram Raghavan , and Arun K Thiruvengadam (eds) Comparative Constitutionalism in South Asia (Oxford University Press 2013) 78 .

Choudhry (n 51 ) 82 .

Choudhry (n 51 ) 48 .

Suresh Kumar Koushal v Naz Foundation (2014) 1 SCC 1 [32].

Suresh Kumar Koushal (n 54 ) [77].

VR Krishna Iyer , ‘Towards an Indian Jurisprudence of Social Action and Public Interest Litigation’ in Indra Deva (ed) Sociology of Law (Oxford University Press 2005) 308 .

Mohd Ahmed Khan v Shah Bano Begum (1985) 2 SCC 556.

Neera Chandhoke , Beyond Secularism: The Rights of Religious Minorities (Oxford University Press 1999) 9 .

• About Oxford Academic
• Publish journals with us
• University press partners
• What we publish
• New features  
• Open access
• Institutional account management
• Rights and permissions
• Get help with access
• Accessibility
• Advertising
• Media enquiries
• Oxford University Press
• Oxford Languages
• University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

• Copyright © 2024 Oxford University Press
• Cookie settings
• Cookie policy
• Privacy policy
• Legal notice

This Feature Is Available To Subscribers Only

Sign In or Create an Account

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Essay on National Constitution Day for Students and Children

500+ words essay on national constitution day.

We celebrate National Constitution Day or Samvidhan Divas on 26 th November every year. The significance of this day is that on this day in the year 1949, the Constituent Assembly of India adopted the Constitution of India . However, the Constitution of India came into force on 26 th January 1950. We celebrate 26 th January as Republic Day every year.

Declaration of National Constitution Day

On 11 th October 2015, while laying the foundation stone of Dr. B. R. Ambedkar’s Statue of Equality memorial at Indu Mills compound, in Mumbai, the Prime Minister of India, Narendra Modi made a declaration. On 19 th November 2015, the Government of India officially declared 26 th November as the National Constitution Day by notification in the Gazette.

The year 2015 marks the 125 th birth anniversary of Dr. B. R. Ambedkar . Baba Saheb was the chairman of the drafting committee of the Constituent Assembly. He played a very significant role in the drafting of the Indian Constitution. The idea behind choosing this day to celebrate is to spread the importance of the Constitution as well as the ideas and thoughts of Baba Saheb Ambedkar. It is noteworthy here that previously we celebrated this day as National Law Day.

Get the huge list of more than 500 Essay Topics and Ideas

Celebrations on National Constitution Day

Since the year of 2015 was the 125 th birth anniversary of Baba Saheb Ambedkar, the Government of India decided to celebrate this year in a massive way. For this purpose, a special committee was formed under the chairmanship of the Prime Minister of India, Narendra Modi . Various ministries and departments organized various programs throughout the year with a view to spreading the thoughts and ideas of Baba Saheb. However, National Constitution Day is not a public holiday.

The first National Constitution Day was celebrated by the various government departments. According to the instructions of the Department of Education and Literacy , all the students of all the schools, read the preamble of the constitution. The students were also given information about the salient features of the Indian Constitution through lectures in each school.

Also, quiz and essay competitions both online and offline on the constitution of India were organized. As per the instructions of the Department of Higher Education, various universities were asked to arrange mock parliamentary debates in colleges. The University Grants Commission (UGC) also organized an all-India quiz competition at Ambedkar University, Lucknow.

The Ministry of External Affairs also instructed all overseas Indian schools to celebrate 26 th November as National Constitution Day. It asked the embassies to translate the Indian constitution into the local language of that nation and thereafter distribute it to various academies, libraries, and faculties of Indology. The Department of Sport also organized a symbolic run named “Run for Equality”. On 26 th November 2015, there was also held a special session of Parliament in order to give tribute to the constitution and Baba Saheb Ambedkar. Also, on this occasion, the Parliament House was decorated and illuminated.

Customize your course in 30 seconds

Which class are you in.

• Travelling Essay
• Picnic Essay
• Our Country Essay
• My Parents Essay
• Essay on Favourite Personality
• Essay on Memorable Day of My Life
• Essay on Knowledge is Power
• Essay on Gurpurab
• Essay on My Favourite Season
• Essay on Types of Sports

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Download the App

• Skip to main content

India’s Largest Career Transformation Portal

Essay on Fundamental Duties for Students & Children in English

January 25, 2021 by Sandeep

Essay on Fundamental Duties: The constitution of India has listed down every citizen’s fundamental duties. They are a gentle reminder to every person to perform his duties towards the nation for its well-being. Part 4 –A of the Indian constitution provides insights about fundamental duties. It imposes certain democratic conduct, responsibility and obligations for citizens. Countries like USA, Canada and Australia do not have fundamental duties listed in their constitution.

Essay on Fundamental Duties 500 Words in English

We have provided Fundamental Duties Essay in English, suitable for class 6, 7, 8, 9 & 10.

“O, citizens of Bharat! As our ancient saints and seers, leaders and preceptors have performed their duties righteously, similarly, you shall not falter to execute your duties.” ~ Rig Veda

Our constitution has given us many constitutional or fundamental rights, but we need to remember that it contains some constitutional or fundamental duties too! Rights and Duties are inseparable. The existence of one without other is meaningless. You can’t ask of a right, without a corresponding duty or vice versa. They are the two sides of the same coin. Even, Mahatma Gandhi once said: “The very performance of a duty secures us our right. Rights cannot be divorced from duties.” Surprisingly, the Fundamental Duties weren’t part of the original Indian Constitution, when it was written at the time of Indian Independence. They were later added in the constitution in 1976 through a constitutional amendment.

By observing the duties, it can be concluded that these duties were taken from the Indian traditions, mythologies, religions and practices. These duties were, essentially, the reflection of the Indian way of life. The concept of fundamental duties was taken from the erstwhile U.S.S.R constitution, as the socialist countries considered the rights and duties to be of equal importance. Till then, Japan was the only democratic nation to have duties for its citizens. Still, not having ‘duties’ in the constitution, doesn’t mean that the citizens of that country behave irresponsibly.

• to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
• to cherish and follow the noble ideals which inspired our national struggle for freedom;
• to uphold and protect the sovereignty, unity and integrity of India;
• to defend the country and render national service when called upon to do so;
• to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
• to value and preserve the rich heritage of our composite culture;
• to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures;
• to develop the scientific temper, humanism and the spirit of inquiry and reform;
• to safeguard public property and to abjure violence;
• to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
• for a parent or guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

The Fundamental duties are a constant reminder that along with rights, there is also some moral obligation of the citizens towards the nation. Various nations worldwide have embodied the principle of ‘responsible citizens’, and moved towards developed countries’ path. In the current times, the fundamental duties are of utmost importance. For example, the duty under Article 51-A(g) asks for protecting the environment, which is extremely needed today in the climate change crisis. The importance of these fundamental duties is immense.

Even the Bhagavad Gita and Ramayana also ask people to perform their duties. Lord Krishna in Gita says, “One should do one’s duties without expectation of any fruits.” Democracy can’t be there unless the citizens become responsible for their country’s progress. For democracy to survive, a high sense of duty is a must. Also, rights and duties have to exist together. Rights without duties can lead to anarchy. Since time immemorial, Indian culture has always stressed upon an individual’s “Kartavya” – the performance of one’s duties towards society, family and his/her country.