Tag Archives: Political Science

“Constitutional Law And Social Changes”

The constitution is not just a compiled set of rules and regulations it is what drives country. Indian Constitution is called ‘Transformative in nature’ as it has the competence to transform the socio-economic face of the country. In India, we encounter many different religions and traditions and all these religions have their respective written Holy documents in which people of respective beliefs believe and follow them in their conduct, but this accounts for a particular group all the people do not believe in single Religious system or any religious practices. Religion neither taught to keep differences but all religions have differentiated groups of people, no single religion in India has common beliefs followed separate principles of religion. But above all the Religions, every opinion and recognition there Is a document there is a written holy text which does not talk about the differentiated beliefs which promise common legal procedures and conduct for all and a document of belief for every citizen Of India that is the “The Constitution Of India” which promises social, economic, and political justice to every single citizen of India.

What is it that made Indian Constitution ‘Transformative in nature which can bring social changes with the time ?’

The preamble of Our constitution guarantees social, economic and political justice states “We the people of India having solemnly resolved to the constitution of India into a Sovereign socialist secular democratic Republic and to secure to all its citizens JUSTICE social, economic, and Political; LIBERTY of thought, expressions, belief, faith and worship; EQUALITY of status and of opportunity and to promote among them all FRATERNITY assuring dignity of the individual and unity and integrity of the nation. We have directive principles state policies rights provisions and amendments, etc. formulated by far-sighted people that are the basis of social change. The traditional Indian Religious system categorizes the people according to caste and ranks and works were allotted according to ranks but FUNDAMENTAL RIGHTS (14 to 31) provides every single citizen fundamental rights, rights to dignity rights to lead the life independent of any social religious foundation providing him dignity equality and much more. Our constitution offers Directive Principle of state policy (Article 36 to 51), these are the 15 principles provided to the federal school governing the state of India which promises social justice economic welfare and state should minimize inequalities in income and eliminate inequality of status, provided with the state shall direct policies towards securing adequate means of livelihood for all citizens men and women equally.

In Sphere Of Law : State shall secure that operation of legal system promote justice on the basis of equal opportunities (Article 39A, 44, 50).

In Economic Sphere : The State shall within limit of economic capacity (Article 41, 47)

Rights Of Workers: Provisions for securing condition of work and their wages law (Article 43 , 43A).

In sphere of agriculture: The state shall Endeavour to develop the agri based industry along with modern scientific lines.

Constitution of Federal state of India promises Equality dignity and opportunities with fair regulations including all the spheres which result in social changes mindset changing where people exhorted to adopt equality among themselves in every aspect of their life leaving backward minded thinking leaving the narrow gate of thoughts motivated by social malpractices or traditional conservative and superstitious Beliefs and adopting a wide vision of equality, and dignity. Triple Talaq which was the suffering of many Muslim women abolished is a remarkable transformation bring by our constitution. Case Of Ayodhya Ram Mandir Temple Consoled After many years because of our constitution has might transform the social face of the country. Homosexuality is permitted within the country abolishing #377 Article Of Constitution Is a mark Of Transformative Nature Of Indian Constitution.

” Indian Constitution Is Transformative In Nature” A an Agent To Social Change.

“Indian Prime Ministers and Their Significant Works”

It was 15th of august 1947 when India got its first independent prime minister ‘jawaharlal nehru’ and India awake to its freedom and liberty towards new journey of hope with the aspirations of crores of Indians who were dominated by various invading forces. We had covered 73 years of independent journey flourishing democracy the ‘praja rule’ covered the journy of biggest democratic country in the world, overcome many challenges but yet to overcome many challenges and hurdles. over the 73 years of independence india had witness tenures of many prime ministers who had laid foundation of Development and prosperous India their policies far sighted thinking and works provides New mile stones.

Jawaharlal Nehru(1947- 1964) : He was the the first prime minister of Independent India Appointed by Lord Mountbatten and at the stroke of midnight hour took oath in the name of constitution of india to became the first prime minister and remained in office for 16 years and 286 days.

Significant Works : Jawaharlal nehru was regarded as the founder of modern india. modernisation was his national policy with seven goals National unity, parliamentary democracy, industrialization, socialism, development, of the scientific temper, and non-alignment. He advocate import substitution industrialization and mixed economy where government controlled public sector.He adopted soviet economic model. He formulated some significant social policies in which he emphasizes on education established management schools, all indian school of medical science, indian institute of technologies, national institute of technologies built thousands of schools, etc. He wrote article 44 of the indian constitution which states “The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. and apart from it there are many agricultural social defence and nuclear language and foreign policies which he adopt for the better tommorow for the better India.

Lal Bahadur Shastri(1964 -1966) : He was appointed as the second prime minister of democratic state of India preceded by Gulzari Lal Nanda. He remained in office for 1 year 216 days. A picture of simplicity and serenity.

Significant works: He was known for ‘Green revolution’ in india, it was under his tenure when agriculture was transformed into industrial system due to adoption of modern methods and technologies use of modern techniques were encouraged High yielding variety (HYV ) seeds were promoted use of tractors , irrigation facilities fertilizers insecticides pesticides were promoted . and this trnasformed agriculture to a new standard and agriculture becames the rigid basis for economy contributes significantly he encouraged green revolution to enhance the rural income and economy. during 1965 india import wheat from united states and there was an ongoing war between india and pakistan US threatens india to cut supply of wheat if India did not stop the war but he did not bent down before US and on AIR India he gave a famous Slogan ‘jai jawan jai kishan’. He was also known for ‘White Revolution’ which had revolutionized the production and supply of milk. He formulated the National Diary Development Board, support the campaign lead by Amul.

We had witness the rule of many other prime ministers in this journey of 73 years but they both laid the Foundation of Development reforms and visions for Future of India. they created base to build new pillars of hopes and building of aspirations in which lies the confidence of 1.3 billion people of India.

“Constitutional morality vs Social morality”

“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 expressions 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 26th day of November 1949 do hereby adopt enact and give to ourselves this CONSTITUTION”. it is what indian constitution Gaurented to every citizen very well stated in preamble of indian constitution which offers not only states the power or independent authority to a state this is the autonomy to legislate on any subject but provides fundamental rights to its citizens provides them ways to proceed and propagate their lives with dignity, equality and with liberty. hence constitution is the building block for the nation provides rules and regulations and sight for propagation of system with integrity equality and provides every single individual a fair chance and opportunities to perform their duties. on the other hand social morality which consists of several traditions which might be motivated by narrow thoughts and ideologies controlled by several heads of groups propagate their own agenda and in the name of construction of social structure and society several myths and ideologies which are not based on equality reasoning freedom reasoning or dignity reasoning destroyed many aspirations and chances and opportunities of many individuals because of biasness. we today had encountered with several examples like triple talak, religious practices, inter caste marriages , caste system dominant ideology of male these all are motivated with social morality. but these all social morality based norms rules and regulations deprived of equality dignity and freedom does not provide equality and liberty to foster the lives. on the other hand our constitution has peculiarity of transformation our constitution is transformative in nature, have power and authority to transform and to execute. may it was abrogation of triple talak to provide every muslim lady to foster their lives with dignity and freedom, or wether it was abrogation of #377 to provide equality and dignity even to homosexuality, apart from it our constitution had offered us six fundamental rights,

right to equality (14 to 18) ,right to freedom (19 to 22), right against exploitation (23 to 24), right to freedom of religion (25 to 28), culture and educational rights (29 to30), right to constitutional remedies (32 to 35). these all fundamental rights are fundamentals for an individual for any citizen where he can flourish his aspirations with equality freedom and liberty. these fundamental rights provides freedom to express freedom to gather freedom to religious choice and played a significant role in one’s life. hence constitutional morality does not allowed any practice which is biased and which makes one’s deprived and another prosper. constitutional morality provides channels to integrate and bound the nation in single belief that is nation provides equality freedom and dignity to every single citizen without any discrimination. hence choice between constitutional morality and social morality goes in favour to constitutional morality over social morality.

unsymmetrical concept of constitution of federal state of “india”

What is Federalism ?

Federalism have a root Latin word that is ‘Foedus’ means treaty or any pact. Therefore as the meaning signifies it is stand for intermixing of federal government or central government with Provincial ,state ,or other sub unit Governments in a unitary political system.

It is therefore a kind of government in which distribution of powers took place between two levels of governments of same level. for example the federal state of India, Brazil, Russia united states etc. federalism in true meaning in federal state is defined as distribution of powers and relation between states and the central federal unit that is the national government or federal government.

Interesting model of global view of unified federation of India:

India had adopted the British north America act model and the government of India act model as its constitution. So, here in India we had a very engrossing model of federation with two different visions .one of these vision govern the state of Jammu and Kashmir and one vision for rest of all states of federal state of India. In contrast to US and Australian model the state of Jammu and Kashmir had given the power after our constitution came into play. there was a constituent assembly framed in state of Jammu and Kashmir in 1952 and they framed their constitution in 1957 for themselves.so this was very interesting before the abrogation of special status and article 370 to note down instead of India is a union of states which contains the state of Jammu and Kashmir so far as the all other states are concerned there is one set of laws that Manoeuvre . Apart from it for Jammu and Kashmir there was another set of law ,it was only the president that eventually permits in terms of our constitution to apply to the state of Jammu and Kashmir .

Constitution of federal state of India is unsymmetrical in nature:

As we discuss and concern about Federalism of India it is asymmetric there are various aspects which shows Un symmetric nature of constitution of India .

The most important was the case of state of Jammu and Kashmir before 5 August 2019:

Before the abrogation of special status and article 370 The constitution of Jammu and Kashmir vest the residuary power with the state and our article 248 did not operate in the state of Jammu and Kashmir. The only residuary power that the Center have as Jammu and Kashmir discussed was that of tackling with terrorism.

The state of Jammu and Kashmir had its own subject list upon which it legislated. part 6 our constitution which deals with the states did not apply to the state of Jammu and Kashmir even there is no list 2 for Jammu and Kashmir before. Apart from it had enjoyed special status.

Most significant aspects of asymmetry in Indian constitution:

Special provisions:

Under article 371 provides special provisions to the state of Assam, Arunachal Pradesh, Goa, Mizoram, Manipur, Nagaland and Sikkim.

Our constitution does not allows or gives such definition but India has a multiparty system with political coalition frequently stands upon regional and caste identities especially at union level. and there is also not parallel surface of Distribution of powers resources and funds

Union territories :

Apart from Centre and states the country has union territories with legislature and without legislature.

The case of Panducherry and Delhi :

Panducherry Enjoys legislative Powers on any issue in the state list or the concurrent list insofar as it applies to the union Territory. Delhi which has three exceptions which are outside its purview that is police land and public order.

The sixth schedule:

Here According to this schedule The Tribal Areas of state of Meghalaya Tripura, Mizoram and Assam can frame autonomous districts and autonomous regions. Hence these all aspects signifies that Constitution of India has Unsymmetrical concept .