CONSTITUTION: WHY AND HOW? - NUHA FATHIMA

CONSTITUTION: WHY AND HOW?









IF I FIND CONSTITUTION MISUSED

I SHALL BE THE FIRST TO BURN IT

                             -DR BR AMBEDKAR-


THE LEGAL MONUMENTAL DOCUMENT THAT SUPPORTS LIBERTY, JUSTICE, FRATERNITY,

AND SOVERIGNITY, NOT JUST THE BOOK, HAS BEEN READED LIKE A NOVEL OR A STORY

HERE, AND I'M GETTING READY TO MOVE ON THE BASE OF THE RESULTS THAT OUR

FREEDOM FIGHTERS HAVE DONE, THE INDIAN CONSTITUTION, WHICH IS REMARKABLE ON

THE CONCEPTS OF GREAT DEMOCRACY AROUND THE WORLD.ADOPTED IN 1950, IN THE

MOST PROMINENT COUNTRIES SUCH AS ITALY, BRITAIN, IRELAND, AND ALL, THE INDIAN

CONSTITUTION ESTABLISHES THE GREAT DEMOCRACY OF THE WORLD.


The Indian Constitution's adaptability, vision, and comprehensiveness are the main reasons

it has remained relevant over time. It is widely regarded as one of the longest and most

detailed constitutions in the world, containing numerous clauses that address various

aspects of state structure, as well as the rights and obligations of citizens and the

government. The fundamental values of the Constitution—justice, equality, and

democracy—continue to serve as the foundation of India as it navigates the challenges of

the twenty-first century.

Secularism is one of the Indian Constitution is currently facing significant challenges due to

the digital revolution and technological advancements, particularly in safeguarding

individual rights and adapting to the new realities of the digital age. Disputes concerning

cyber security, data privacy, and surveillance have become increasingly important, especially

in the context of social media, artificial intelligence, and the rapid emergence of digital

platforms. While the right to privacy is guaranteed by the Indian Constitution, the rise of

technologies such as facial recognition, biometric data collection, and online surveillance

raises important questions about the strength

most important tenets of the Indian Constitution. It requires the state to maintain

impartiality in religious matters and ensure equal treatment for all citizens, regardless of


their religious affiliation. In a diverse nation like India, where millions practice Sikhism,

Buddhism, Islam, Hinduism, and Christianity, among other religions, this principle is

essential. The concept of federalism in the Indian Constitution provides states with a degree

of autonomy while establishing the primacy of the federal government. However, the

distribution of authority between the states and the central government has been a

longstanding point of contention. For example, when the Finance Minister presents India's

budget, it often prioritizes states aligned with the ruling party, as seen in Wayanad , Kerala,

where local ministers felt sidelined due to a lack of authority. they often prioritise the states

which they have authority In practice, the central government has often been criticized for

undermining state autonomy and interests, particularly regarding the enforcement of Article

356 (President's Rule) and the increasing concentration of power at the central executive.


One of the most significant challenges facing the Indian Constitution is judicial activism,

where the judiciary plays an increasingly proactive role in interpreting and enforcing

constitutional provisions. While judicial activism can be beneficial in safeguarding

fundamental rights, it also raises concerns about the separation of powers and judicial

independence. Another major challenge is the rise of identity politics, in which political

parties and groups mobilize support based on caste, religion, or regional identity.


This has led to a rise in communal tensions and a weakening of the principle of secularism

enshrined in the Constitution. The Constitution's commitment to social justice and equality

is also under threat, as marginalized communities continue to face discrimination and

inequality in various aspects of their lives. Despite these challenges, the Indian Constitution

remains relevant in the 21st century as a bulwark against authoritarianism and a defender of

democratic values. Dr. B. R. Ambedkar, the chairman of the Constituent Assembly and the

principal architect of the Indian Constitution, played a crucial role in shaping its provisions

and ensuring that it reflected the aspirations of the people. Other influential figures include

former Chief Justice of India, Justice P. N. Bhagwati, who championed the cause of judicial

activism and expanded the scope of fundamental rights protection. Looking ahead, the

Indian Constitution will continue to face challenges in the 21st century, as the country

grapples with issues such as corruption, economic inequality, and environmental

degradation.

However, the Constitution's resilience and adaptability have shown that it can withstand

these challenges and continue to serve as a beacon of hope for the people of India. It is

imperative that efforts are made to uphold the principles and values enshrined in the

Constitution and ensure that it remains a living document that reflects the changing needs

and aspirations of the Indian people. By upholding the rule of law, protecting fundamental

rights, and promoting social justice, the Indian Constitution can continue to guide the nation

towards a brighter future. it is up to the citizens of India to uphold the values and principles

enshrined in the Constitution and hold their leaders accountable for their actions. By staying


true to the ideals of democracy, secularism, and social justice, India can overcome the

challenges of the 21st century and build a more inclusive and equitable society for all its

citizens.

G. Balakrishnan, the first Dalit Chief Justice of India, who has been a vocal proponent of

judicial independence and equality before the law. His landmark judgments on issues such

as affirmative action and religious freedom have set important precedents for the protection

of minority rights in India. In conclusion, the Indian Constitution remains a beacon of hope

and progress in the 21st century, despite facing numerous challenges and also a lot of

relevance


conclusion:

Indian constitution known for its great democracy of all time dealing with all of the

rights and duties of the citizen ,which conveys of amendments and bills, the way of

the constitution that build of the best back workers like ambedkar, and all ,every

time it has to be enshrined through ,but still something is wrong has happening

inside this that was the first quote that i mentioned in the top this essay ,this essay

has examined a lot about current and past situations that happened in India during

1945-2024 . Despite these challenges, the Indian Constitution stands as a dynamic

and robust framework that has guided India through decades of transformation. Its

continued relevance lies in its foundational principles, which resonate with the

aspirations of a democratic nation while providing a tool for rectifying systemic

injustices. As India moves forward, the Constitution will remain central to navigating

both its triumphs and tribulations in the pursuit of justice, equality, and nation-

building.



Nuha Fathima

(Degree second year student)