Comprehensive Study Notes: Role of the Constitution and Necessity for Laws

The Necessity of Rules and the Role of Laws in Society

Rules and laws are fundamental to the proper functioning of any institution, society, state, or country. They serve as a set of established guidelines designed for the efficient governance of a nation. Each country possesses its own unique set of laws aimed at ensuring the safety and well-being of its population. The violation of these established rules and laws results in penalties, the severity of which depends on the extent of the violation. In a country like India, the establishment of rules and laws was particularly crucial both at the central and state levels to address and uproot prevalent social evils such as child labor, female foeticide, gender inequality, the dowry system, superstitions, and the caste system. In alignment with the Constitution, specific laws were framed to eliminate these issues; for instance, the Constitution of India officially banned the practice of untouchability.

Dialogue on the Enforcement of Rules

The following interaction illustrates the rigid nature of institutional rules and the processes for their amendment. A Parent requested, "I agree that it is written in your Almanac, but please allow them to attend their classes normally. But at least you can allow these children to take part in co-scholastic activities." The Principal responded, "No ma'am. A rule is a rule, and I cannot change it in seconds, just with a signature. I am noting down your request and suggestion for the future, which we can consider before the next session starts. No. I am sorry. These children have broken the rule, and that's why they have been suspended for a week. Please respect the rules of the schools."

The Legal Framework Against Dowry and Social Evils

The Constitution of India explicitly states that it is the duty of every citizen to condemn and reject practices that damage the dignity of women. To this end, the government passed the Dowry Prohibition Act in $1961$, which rendered the giving or taking of dowry a legal offence. This Act has been amended in subsequent years to increase the severity of punishments. Currently, the punishment for dowry-related harassment is a term of $3$ years of imprisonment, potentially accompanied by a fine. In the case of dowry deaths—referring to the death of a bride due to harassment or bride burning—guilty persons face a minimum punishment of $10$ years, which can extend to life imprisonment. Despite these legal measures, the age-old evil custom persists in society. Statistical data from the National Crimes Record Bureau highlights the following regarding reported dowry cases: in $2001$, there were $6851$ dowry deaths, $21922$ cases pending trial, $1389$ cases withdrawn, and $44$ convictions. By $2012$, reported dowry deaths rose to $8233$, cases pending trial increased to $27969$, cases withdrawn numbered $668$, and convictions totaled $3$.

Laws, Dissent, and Democratic Expression

Laws are essential for maintaining order, and while defiance of law is generally discouraged, history provides examples of resistance against unjust legislation. During the British rule of India, many unjust laws were imposed, leading to significant defiance. Mahatma Gandhi utilized techniques of Non-Cooperation and Civil Disobedience to oppose British rule. The Civil Disobedience Movement notably involved the breaking of the Salt Law and the boycott of British goods and foreign cloth. The Dandi March of $1930$ became a primary symbol of this defiance. In a contemporary democratic system, disagreement and the expression of dissent are considered integral. Citizens have the right to convey dissent if a law is not in the larger interest of the people, provided they adopt peaceful means to influence government decisions and avoid acts of violence.

Case Study: The Anti-Liquor Agitation and Article 47

The consumption of liquor is regarded as a social evil that ruins homes and is a primary cause of domestic violence and family instability, particularly among the poor. Mahatma Gandhi was a staunch opponent of intoxicating drinks. Guided by the Gandhian constructive programme, Article $47$ of the Indian Constitution dictates that the State shall endeavor to prevent the consumption of liquor and harmful drugs to improve public health and standards of living. This has led to various state-level movements. In the $1970s$ and $1980s$, strong anti-alcohol movements emerged in Tamil Nadu, Haryana, and Maharashtra. In the early $1990s$, women in Andhra Pradesh stood up against local liquor dealers. More recently, Bihar prohibited the consumption of alcohol in $2016$. Gujarat maintains strict laws prohibiting the manufacture, sale, and consumption of alcoholic drinks. These agitations have resulted in strict penalties for drunken driving and domestic violence occurring under the influence of liquor.

Defining the Constitution and its Necessity

A Constitution is defined as a collection of rules, laws, and fundamental principles according to which a state is governed. It defines the form of government, the powers and functions of various organs (the legislature, executive, and judiciary), and the relationship between the state and individuals (rights and duties). There are five primary reasons why a country needs a Constitution: ($1$) It reflects the aspirations of the citizens, securing Justice, Liberty, and Equality; ($2$) it provides the framework for the composition and powers of the government organs; ($3$) it defines the political system, such as India's Parliamentary system versus the American Presidential system; ($4$) it provides safeguards against the misuse of power by political leaders; and ($5$) it protects the rights of minorities and makes special provisions for women, children, and backward classes.

The Indian Constitution as a Living Document

The Indian Constitution is the lengthiest and most comprehensive in the world, originally containing $395$ Articles and $12$ Schedules. It is considered a "living document" because it is not static; it allows for necessary amendments to incorporate public interest. As of October $2021$, the Constitution has been amended $105$ times since its inception in $1950$. The document was framed by a Constituent Assembly, recommended by the Cabinet Mission in $1946$. Dr. Rajendra Prasad served as the President of the Assembly, and Dr. B.R. Ambedkar was the Chairman of the Drafting Committee. The Constitution was enacted and adopted on $26$th November $1949$ (celebrated as National Law Day or Constitution Day) and came into force on $26$th January $1950$, a date celebrated annually as Republic Day.

The Preamble and the Nature of the Indian State

The Preamble serves as the introduction to the Constitution, setting out the basic ideals of the Republic. It declares India to be a: ($1$) Sovereign State, meaning it is independent and free from external control; ($2$) Socialist State, aiming to eliminate income inequality and ensure fair distribution of wealth; ($3$) Secular State, which does not discriminate based on religion and allows freedom of worship; ($4$) Democratic State, implying a government of the people, by the people, and for the people through regular elections; and ($5$) Republican State, meaning the head of state (the President) is elected rather than being a hereditary monarch. The words 'Socialist', 'Secular', and 'Unity and Integrity of the Nation' were added to the Preamble in $1976$ by the $42$nd Amendment Act.

Salient Features of the Indian Constitution

Key features of the Constitution include: ($1$) Federalism, which involves two levels of government (Central and State) with powers divided among the Union List, State List, and Concurrent List. In case of conflict, Union law prevails. ($2$) Parliamentary Form of Government, where the Council of Ministers is legally responsible to the legislature. ($3$) Directive Principles of State Policy, which are guidelines for the government to ensure social, legal, and economic justice, such as providing education and a living wage. ($4$) Independence of the Judiciary, where the Supreme Court acts as the guardian of the Constitution to resolve jurisdictional conflicts. ($5$) Fundamental Rights and Duties, providing justiciable rights in Part III and duties in Article $51A$.

Fundamental Rights and Legal Protections

Fundamental Rights are essential freedoms guaranteed under the Constitution, primarily located in Part III. These rights are 'justiciable', meaning they can be enforced by courts. No government can curtail these rights except through a constitutional amendment, though they may be suspended during emergencies (except the right to life and liberty). Previously, the Right to Property was a Fundamental Right, but it was deleted by the $44$th Amendment Act in $1978$ and is now only a legal right. The categories of rights include: ($1$) Right to Equality, ensuring equality before the law and prohibiting untouchability and discrimination in public places; ($2$) Right to Freedom (Articles $19$-$22$), covering speech, assembly, association, movement, residence, and profession; ($3$) Right against Exploitation (Articles $23$-$24$), prohibiting child labor for those under $14$ and widening protections via the Child Labour Amendment Bill of $2016$; ($4$) Right to Education, added via the $86$th Amendment ($2002$), mandating free education for children aged $6$ to $14$; and ($5$) Right to Constitutional Remedies, allowing citizens to move the Supreme Court or High Courts to enforce their rights through writs.

Fundamental Duties and the Rule of Law

Fundamental Duties were added by the $42$nd Amendment Act ($1976$) under Article $51A$. There are eleven duties, including: respecting the Constitution, National Flag, and Anthem; protecting sovereignty and integrity; promoting brotherhood; preserving cultural heritage; protecting the natural environment; and safeguarding public property. The $11$th duty, requiring parents to provide education to children aged $6$-$14$, was added in $2002$ via the $86$th Amendment. These duties foster patriotism and harmony. Finally, the Rule of Law is the foundation of Indian democracy, meaning all citizens are equal in the eyes of the law, regardless of status. No one is above the law, and the government operates based on rules rather than the whims of leaders. This principle, initially introduced by the British, was made the bedrock of the Indian Constitution after independence.