NDIA – A UNIQUE REPUBLIC

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Republic Day – is one of our National Days which we celebrate on 26th January every year with gaiety and enthusiasm by unfurling National Flag and singing National Anthem, Patriotic songs and arranging different functions to commemorate the sacrifices made by many to get this day. Actually it is a day to ponder over and remember how this great Republic came into existence. Who were the stalwarts behind this great achievement and what foundations they laid to enable us to stand today with dignity and what traditions they set for us to follow and achieve further success.

Indian Constitution is a unique Constitution which was compiled after consulting Constitutions of practically all leading countries of the World and is probably one of the biggest written constitutions of the World. It generally follows the British Parliamentary model, except that it written and British Constitution is unwritten, but differs from it in one more important respect that in the Indian system the Constitution is supreme and not the Parliament. As such the Indian courts are vested with the authority to adjudicate on the constitutionality of any law passed by the Parliament. Though Parliament is all powerful to amend even the constitution but once it is amended, Parliament has to work within it’s frame work and Judiciary comes into play to ensure that there are no violations of the constitution even by the Parliament as ‘Constitution is Supreme and not the Parliament’.

The Constitution consists of the following:

The Preamble
Parts 1 to XXII covering Articles 1 to 395
Schedules 1 to 12
An Appendix.
1. The Preamble – Declares India, as a Sovereign Socialist Secular Democratic Republic and resolves 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 unity and integrity of the Nation.

It lays down the primary objects of the Constitution given as Directive Principles of the State Policy as contained in Arts.36 to 51 of the constitution(Part IV) . These lay down 19 objectives which enjoin the State to under take within it’s means a number of welfare measures intended to assure citizens an adequate means of livelihood, raise the standard of living, improve Public health, provide free and compulsory education for children, and assure that the operation of the public system does not result in the concentration of wealth and means of production to the detriment of the common good. These are not enforceable at law but are nevertheless fundamental to the governance of the country.

2.- Parts 1 to XXII , through their various chapters, describe the structure of the Country and various Appointments and Institutions and their powers are defined by Articles 1 to 395 for smooth running of the Constitution. These have been amended from time to time to suit the changing circumstances.

3.- Schedules are tabulated statements of details and provide exact limits. First Schedule gives list of States and Territories comprising the Union of India. Second Schedule deals mostly with remuneration and Emoluments. Third- with Oaths and Affirmations. Fourth- allocates seats for each State and Union Territory, in the Council of States. Fifth- provides for the administration and control of scheduled areas. Sixth- Provides for the administration of Tribal areas in Assam, Meghalaya and Mizoram. Seventh- gives three lists(1) union list- subjects in which the Union Govt. has exclusive authority.(2) State list- subjects, under Exclusive authority of state Govt. (3)Concurrent list- subjects where Union and states have concurrent powers. Eighth- gives list of languages recognized. Ninth- deals with working of Panchayats and its various institutions, contains Acts and orders relating to land tenures, land tax, railways, industries etc passed by Union and state Govts. which are beyond the jurisdiction of civil courts. Tenth- contains the Anti- defection Act. Eleventh- mentions functional areas or subjects which are necessary for implementation of schemes for economic development and social justice in each Panchayat e.g.. Agriculture, Social Forestry, small scale industries, roads, rural housing, PDS, education, health and sanitation, non conventional energy sources etc. Twelveth describes types of municipal committees, corporations etc. for various towns/areas.

4.Appendix- Various appendices give supporting and supplementing data for reference where needed.

In our Parliamentary System Government is run by three branches namely

Legislature- who formulate Rules and Regulations;
Executive – who execute the orders but is subordinate to the
Legislature and has the responsibility to correctly guide

the Govt. so that they may take correct decisions.

Judiciary – is kept independent to interpret the Constitution which is
of course framed by the Parliament.

A variety of Fundamental Duties have been imposed on each citizen in the constitution and if each one of us follows those sincerely the country can get transformed into a real heaven much more than what people visualize and see abroad and talk on return after their visit .

Let us take one by one the Fundamental Duties as mentioned above and as enshrined in the Constitution: The duties are:

A- 1. To Abide by the Constitution;

2. Respect its Ideals and Institutions;

Respect National Flag and National Anthem.
B- In order to cherish and follow the noble ideals which inspired our Freedom struggle.

C-Whatever Position, Power or Information one may hold, at no cost one should play with the Sovereignty, Unity and Integrity of the Country but should uphold it even at the cost of one’s life.

D- Nation is always above every thing and it is a pride to serve the Nation.

E – Our actions should be such that they promote harmony and spirit of common brotherhood amongst all Indians to help each other in difficult times and should avoid actions which either create bitterness or rift amongst different sects. No derogatory remarks be passed or any activity be under taken which is against the dignity of the women.

F- India has got a rich and probably the oldest heritage and being secular its culture is composite which needs to be preserved and developed to bring unity in diversity. Its no wonder people from all over the world come here to learn Spiritualism and the art of attaining eternal peace.

G- To protect and improve the natural environment which is related to the natural surroundings we create to live and not the artificial one which is devoid of natural objects.

H- In order to develop scientific temper one has to learn what all science has done or can do for the humanity and what are its latest techniques which can be developed for the benefit of the society.

I- To safe guard public property is one of the primary and most fundamental duties of every citizen.

J- One should always strive to achieve excellence in all spheres of activity including day to day life.

If we all follow the Fundamental Duties and Responsibilities as laid down in the Constitution faithfully, the rights laid down in the constitution, would automatically flow benefiting each one of us. It is not difficult but it needs a strong will power to practice or else a strong enforcement till it gets ingrained into habits of individuals. Irrespective of the mode we select, the duties and responsibilities have to be firmly grilled , if we wish that our Country should reach the top in the comity of Nations as the greatest Republic.

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