Daily Answer Writing- March 15, 2021

Q.280) “The Constitution of India is itself the product of the freedom struggle.” Elucidate. (10mark) (150words)

The Constitution of India was adopted on November 26, 1949. The leaders of freedom struggle deliberated for nearly three years to make constitution.

Product Of Freedom Struggle
•Freedom fighters were demanding self governance since 1890s.
•Citizenship provision (Article 5) – Experiences of partition of India in 1947
•Freedom of speech and expression, Freedom of press were made fundamental right as Britishers trampled these rights.
•Constitution invisioned for independent foreign policy as Britishers had dictated Indian foreign policy for their own gain.
•Secular nature of constitution to avoid misuse of religion as divide and rule weapon by rulers.
•Abolishing untouchability and titles to create society based on equality.
•Free and fair elections to strengthen democracy
•Republic nature of constitution to avoid dominance by elite classes.
•Separation of Judiciary and executive as suggested by DPSPs to avoid concentration of power as existed under British rule

In this way, freedom struggle was the important source for makers of Indian Constitution 

(You can write points depending on your understanding of subject. Above points only explain how to approach the question.)

Q.281) Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances? (15mark) (250words)

The Constitution of India declares India to be a Sovereign, Socialist, Secular, Democratic and Republic. The 42nd Constitutional Amendment Act (1976) added three new words -socialist, secular and integrity. The nature of Indian state as defined by the Preamble is subjected to the evolving socio-political environment which needs to be analysed:

1. Sovereign: India is an independent state i.e. India is neither a dependency nor a dominion of any other nation.
In the traditional terms, no state today can be said to be fully sovereign because of membership and obligations of international organisations for e.g. UNO, WTO etc. Internal elements like separatist movements also challenge the sovereign character of state. However despite all challenges India has been able to defend its sovereign character.
The government takes actions that are favourable to the country without worrying about international consequences.
Ex: Abrogation of Article 370
2. Socialist: Socialism to mean “free forms of exploitation social, economic and political.” As the supreme court says, ‘ Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity. Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism’.
Socialist policies are still relevant despite of the evolving political scenario. The welfare schemes for the downtrodden is still being carried out.
Ex: PM Jan ArogyaYojana, PM GaribKalyanYojana.
3. Secular: Being a multi religious society India house all the major religions of world. Secular character of Indian state is one of its strength which gives it a unique identity in the international space. Secular state must have nothing to do with religious affairs except when their management involves crime, fraud or becomes a threat to unity and integrity of the state.
4. Democratic: The Preamble envisages India to be democratic not only politically but also socially and economically. India is a representative parliamentary democracy where people can exercise their sovereignty through legislature.
The democratic character of India is evident through the periodic elections based on universal adult franchise, rule of law, independence of judiciary etc. Increasing role of money and muscle power in elections has resulted in parliamentary inefficiency, but the democratic character of India has only weakened, not destroyed.

Thus, the preamble was developed after thorough analysis of the constitution and thus it is considered as soul of the constitution. It is still valid and relevant even after decades of its existence.

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