The constitution of India which was enacted and adopted on 26th November 1949 was a historic moment for the independent state of india. Though it was enforced on 26th January 1950 for reasons as the Poorna Swaraj was celebrated in 1930 by Indian National Congress on this very day .The whole constitution of India in itself intrigues me a lot and makes me go deeper into it to think what was going in the minds of framers of the constitution while framing the constitution of India. The state of mind and the thinking process of the framers will be hard to decipher considering the voluminous task they had at their hands after the attainment of independence to prepare a constitution for a nation with huge diversity in terms of language,caste, race,religion.Considering the task(framing of the constitution) it required huge skills in law making and deliberations over various aspects involved in law making that would suit the Indian conditions.(Constituent Assembly being mostly comprised of lawyers and politicians)
One very important aspect of the constitution making process was referring to other constitutions of the world. This reference served very important function in making laws from laws that already existed and tested by nations and working successfully. People don't think once before saying things like the whole constitution of India is a work of copy paste which is like mocking at the hard work of the framers who went through huge information and compiled one for the nation according to it's needs. Nothing can be perfect and everything has a critic is valid in the case of constitution of india. Once a person starts to study the basic and fundamental principles of Indian constitution one comes to the realisation that it truly is a hard work of some great men who were filled with the zeal and enthusiasm for putting up some laws that will continue to bind this nation together and it continues to do so which in itself is a proof of it being debated,discussed,deliberated and just not being copy pasted. Each and every aspect was looked into the context of the independent nation and then put to vote in a constituent assembly that had indirectly elected people representing various communities and parts of the nation.
The Preamble of the constitution which was prepared after the constitution contains the basic philosophy of the entire constitution. It clearly mentions about the source of power, nature of state, principles to be followed.
The Fundamental Rights in Part III and varying through the articles 12 to 35 form the basic structure of constitution and any law being found in violation of fundamental rights that are against the basic structure of constitution cannot be amended by the Constitutional Amendment Act. This is mentioned in the Article 13 of the constitution which clearly states that any law in violation of or in derogation of the fundamental rights will be considered void. Under the definition of this law the constitutional amendment law is excluded hence it derives that a fundamental Right can be amended but that is not true because any law violating the basic structure of constitution cannot be amended hence fundamental rights form the basic structure of constitution.
Similarly the best part of the constitution which looks after the principles of social,economic,political democracy are the Directive Principles of State policy mentioned in the Part IV covering articles 36-51 of the constitution. These are the ideals the state should keep in mind while implementing and deciding policies.They vary from the basic socialistic principles like education for all to economic principles for reducing the gap between the rich and poor.
The Fundamental Duties which were not present in the constitution when it was framed were added to the constitution by the 42nd Constitutional Amendment Act.
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