Constitution

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constitution is a written document that contains a set of rules for a government. It defines the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government. By limiting the government's own reach, most constitutions guarantee certain rights to the people. The term constitution can be applied to any overall law that defines the functioning of a government.

The Constitution of India is the world's lengthiest written constitution with 395 articles and 8 schedules. It was passed on 26 Nov 1949 by the 'The Constituent Assembly' and is fully applicable since 26 Jan 1950. The Constituent Assembly had been elected for undivided India and held its first sitting on 9th Dec.1946, re-assembled on the 14th August 1947, as The Sovereign Constituent Assembly for the dominion of India. At the time of signing 284 out of 299 members of the Assembly were present.

The

constitution of India draws extensively from Western legal traditions in its outline of the principles of liberal democracy. It follows a British parliamentary pattern with a lower and upper house. It embodies some Fundamental Rights which are similar to the Bill of Rights declared by the United States constitution. It also borrows the concept of a Supreme Court from the US.

India

is a federal system in which residual powers of legislation remain with the central government, similar to that in Canada. The constitution provides detailed lists dividing up powers between central and state governments as in Australia, and it elaborates a set of Directive Principles of State Policy as does the Irish constitution

Constitution created three independent institutions (1) Legislatures , (2) Judiciary and (3) Executive

1. Preamble: 2. Written Constitution: 3. Longest Constitution: 4. Partly Rigid, Partly Flexible: 5. Parliamentary Democracy: 6. Role of Conventions: 7. Federal Government with Unitary Bias: 9. Directive Principles of State Policy: 10. An Independent and Integrated Judiciary: 11. Universal Franchise: 12. Secularism: 13. Single Citizenship: 14. Fundamental Duties: 15. Welfare State: 16. Democratic System:

Background

of about 200years Aspirations of the people, integrity and unity of the country and establishment of ademocratic society Cherished ideas and ideals of the people Consensus on different issues and principles

Amend 335 Sept 8th 2000, Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates. Amend articles 45 and 51A.Insert article 21A,12 December 2002 Provides Right to Education until the age of fourteen and Early childhood care until the age of six. Amend article 15,20th Jan 2006, to enable provision of reservation for other backward classes (OBC) in government as well as private educational institutions. Article 29,Right to education act 2010

number of provisions of Boilers Act, Indian Police Act, Industrial Disputes Act, Smoke Nuisance Act and Industrial Safety Act have outlived

We

the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all citizens: JUSTICE social, economic and political LIBERTY of thought, expression, belief, faith and worship EQUALITY- of status and opportunity And to promote among them all FRATERNITY assuring the dignity of the individual and the unity and the integrity of the NATION

In some respects, the constitution, impressive though it is, has failed to translate noble principles into tangible, practical instruments. Securing to all citizens justice social, economic and political is one of the avowed goals of the constitution. However, there is glaring failure to translate this into practical action. The failure of justice system, our incapacity to ensure at least a few years of school education to all children, the continuing shame of child labour and a highly centralized polity negated this constitutional promise of justice for all.

Indian

courts are becoming graveyards of justice instead of being temples of justice. Nose-in-the-air attitude. The absence of any relationship between the judiciary and the academic community has weakened both institutions in India. No Room for fresh ideas. The virtual collapse of judicial system in India can be seen in the extra-ordinary time taken for settlement of any case and the large number of cases pending before the courts at all levels.

The fundamental rights under part III of our constitution too need to include many of those rights that have developed over a history of various judicial pronouncements. Right to food, right to privacy, right to livelihood, right to clean potable drinking water, right to fresh and clean environment, right to be silent, right to speedy justice etc. These rights need to be added in chapter III as they are equally important in todays time for every Indian. Framers of out constitution gave more importance to fundamental rights than to the fundamental duties

Right to education needs to be given maximum importance. Even though compulsory education has been enforced till the age of 14, majority of Indians remain uneducated. Private schools are too expensive for a poor man to educate his child, and the government schools standards are deteriorating year by year. Government schools, the only source of almost-free education to all the children, need to be renovated to provide a healthier environment and teachers with better qualifications so that even a family belonging to the middle class or upper class does not hesitate in sending their children to a government school.

It is unfortunate that public debate on the Right to Education Act has been limited almost exclusively to the clause which requires every recognised school to admit in Class-I and pre-school education to the extent of at least 25 per cent of the strength of the class children belonging to weaker sections and disadvantaged groups and provide them free and compulsory elementary education. This proviso, which has captured the collective imagination of educators, politicians and social activists, is perceived to be an important step towards breaking one of the many citadels of privilege in the country. For too long has good education been a service that only the well-to-do can buy. With quality education available only in select schools, it is appropriate that children from less privileged backgrounds are given exposure to such an education.

A deeply disturbing aspect highlighted by many school managements is that the RTE Act, by giving absolute power to the Education Department and local bodies to make or mar schools, will become the ideal tool for largescale, systemic corruption. The RTE Act in its present form will neither promote its prime objective of ensuring completion of elementary education of every child of the age six to 14 years nor meet the commitment of ensuring quality primary education. At best, it is a statement of good intent.

The Land Acquisition Act 1894 requires major changes as it still contains portions which are redundant in todays times. There is a need to redefine the term public purpose for which the State can acquire land in return of some compensation. With every judicial pronouncement the court includes something new which falls within the limits of public purpose. There are times when the government acts arbitrary and in the name of public purpose acquires the land for profits. Thus in all the judicial pronouncements related to Land Acquisition Act there is a need to include all those purposes which are purely in the interest of public.

The Water Pollution Act has some major defects. With majority of our rivers drying up and the sorry state of Yamuna shows the incompetence of the Act in the present times. The act still talks about wells and streams as being the sources of water. Wells and streams were the sources of water in ancient times but now we have rivers, lakes, ponds, artificial water bodies which have been totally excluded from the purview of this Act. Shockingly this act does not even define what a water pollutant is. Nor does water table levels and potable water etc. find any place in the Act. Whatever amendments have taken place in this act have only been with respect to the Environment Protection Act. Thus the act is a complete failure in itself.

Women

in India have made a considerable progress in the last fifty years but yet they have to struggle against many handicaps and social evils in the male dominated society. Honour Crimes or Honour Killings are acts of violence, usually murder, mostly committed by male family members predominantly against female [relatives] , who are perceived to have brought dishonour upon the family.

The

Marriage Act no longer regards woman as the property of man. Marriage is now considered to be a personal affair and if a partner feels dissatisfied she or he has the right of divorce. The dowry problem has assumed a dangerous form in this country. . Some women are murdered in such cases. The dowry deaths are really heinous and barbarous crimes committed by the cruel and inhumane persons.

The

section 376 of the Indian Penal Code, which deals with the subject of rape, requires many changes. As per the IPC, rape has been categorized into different kinds such as Marital rape, Custodial rape, Gang rape etc. Instead of having different punishments for different kinds of rape there should be a uniform punishment.

Increase the deterrence against crimes against women. Change law to make life term punishment for violet rapes Introduce rape by security forces as a special category aggravated sexual assault on the lines of the clause dealing with custodial rape Enhance the maximum prison term fro molestation from 2-5 years and sexual harassment or whats euphemistically called eveteasing from 1-3 years Remove gender inequalities in the provisions relating to adultery and natural guardian and enact a special law to take pre-emptive action against caste assemblies inciting honour killings

Most

of inheritance laws in India do not have any reserved portion, i.e. the entire property may be subject to testamentary succession or intestate succession if there is no will. Family laws and laws of inheritance in India are more men-oriented, with more liberty for men than women. The laws have more scope for men to play and tinker around.

Strangely

enough, a registered title deed, however, is not always the conclusive proof of ownership of property in India, nor is the land registration record. Supreme Court has recommended the Centre to change the "archaic law", which accords legal rights to an illegal occupier of land if its real owner fails to take legal action to retrieve the property within a stipulated time.

Indian population is an asset but the constitutional provisions made it a liability. CASTE undid all the fruits of freedom. With the pious hope of removing deep rooted caste system and to bring forward people of those castes considered low and menial constitution reserved seats in legislatures, university admissions and government jobs all for a limited period. This limited period became unlimited once influential politicians and senior civil servants found this as a short cut to name, fame and power. So the caste system is perpetuated and facilities of castes demanded eternally .Because reservations once given cant be taken back each caste drafted a secret agenda of boosting their number. NATIONAL FAMILY PLANING (WELFARE) PROGRAMME miserably failed to limit population growth. Any poverty eradication program just failed.

Constitutions

is failed to remove poverty and illiteracy in this country. The Constitution is fine and needs a bit of upgrading to bring it in tune with the realities of the time but above all what matters is the way people perceive what truth, justice, honesty, welfare and progress are and how they implement these ideals in their personal lives

The bitter fact that the Constitution is being subverted by successive rulers of free India and the rich and well-connected in this land shows that people of questionable character whose only aim is to grab pelf and power at any cost know that they can get away with their misdoings since the entire system is corrupted. Laws alone cannot initiate change unless each one of us sets out to question, educate and change existing prejudices that clog the social system in India. Change begins with each one of us acting towards making it happen. In the name of superstitions and mistaken beliefs, it is a crime to treat widows as worse than animals.

Change in measurement index of Literacy rate in India Change in measurement scale of BPL Many changes in Judicial Institute of constitution Increase in number of judges Qualification boundary limits to stand in elections Strict laws for implementation fall clauses and policies Needs faster disposal of pending cases across India for on time delivery of justice to the people.

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