WE, THE PEOPLE OF INDIA...

(This is a Republic Day Special Post)

Hon'ble Members, my prayer is that the Constitution that you are going to plan may similarly be reared for Immortality, if the work of man may justly aspire to such a title, and it may be a structure of adamantine strength, which will outlast and overcome all present and future destructive forces.

 - Monday, the 9th December 1946 (Constitution Hall, New Delhi)

Dr. Sachchidananda Sinha (Provisional Chairman Constituent Assembly) in the very first address to the Constituent Assembly indicated that the Constitution of India is sought to be immortal and organic. True to the vision, India has the most comprehensive Constitution that ensures Justice, Liberty, Equality and Fraternity in the country. Moreover, we as a nation have constantly thrived to achieve the goal set forth by the makers of our constitution. The foundation of our Constitution dates back to May of 1934, when  Swaraj Party formulated the first ever scheme which promulgated the idea of self-determination paving path for a Constituent Assembly with representatives of all sections of Indian people. This action was taken after consistent demands made by Mahatma Gandhi since 1922, for a Constituent Assembly.

Swaraj will not be a free gift of the British Parliament. It will be a declaration of India's full self-expression, expressed through an Act of Parliament.                 
                                                                                                                   - Mahatma Gandhi.

The policy was approved by All India Congress Committee in Patna a few days later in May 1934 and confirmed at Faizpur in December 1936 only to be adopted in November 1939 by the Congress Working Committee. The Congress declared in that resolution that Recognition of India's independence and the right of her people to frame their constitution through a Constituent Assembly is essential. But, the idea was not favoured in 1940 by the Muslim League that was demanding separate Constituent Assembly for a separate nation in accordance with their gruelling ask for Pakistan. In the year 1945, Sapru Committee issued a report favoring the scheme. To end the political deadlock, the British Cabinet Mission propounded a different scheme which was acceptable to most of the parties. 

The Assembly was thus formed and it started to frame the Constitution of India. Dr Rajendra Prasad was elected as President of the Assembly, which met for the first time on 9 December 1946. Dr Bhimrao Ramji Ambedkar, was the prime architect of the Indian Constitution. The Assembly worked for 2 years 11 months and 18 days to build a Constitution with 395 Articles in 22 parts and 8 schedules consisting of almost 80,000 words.  The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. This date of 26 January was chosen to commemorate the Purna Swaraj declaration of Independence of 1930.

 (http://soilmag.com/constitution-of-india-a-real-world-connect/)

On 24 January 1950, Dr Rajendra Prasad was elected as first President of India. This followed the discussion on election of new members and National Anthem. It was then decided that Vande Mataram shall be honoured equally with Jana-Gana-Mana and shall have equal status with it. The copies of the Constitution were signed by the President followed by the Prime Minister J. L. Nehru. The Constitution follows parliamentary system of government and the executive is directly accountable to the legislature. It envisages well established principles, procedure and structure, powers and duties of government, fundamental rights, directive principles and duties of the citizens (added later). The Constitution of India is federal in nature that declares us as a sovereign, socialist, secular, democratic, republic country. Union of India became Republic of India, which was no longer governed under the Government of India Act,1935. 

Dr Rajendra prasad concluded the Assembly with high hopes for the future - 

The country today is facing very many problems and my feeling is that the kind of work which we have now to do is different from that which we used to do two years ago. It requires greater devotion, greater care, greater application and greater sacrifice. I can only hope that the country will throw up men and ,women who will be able to take up the burden and fulfil the highest aspirations of our people. May God give us strength to do that.

The country has seen everything, from war to revolution to emergency to economic breakdown to nuclear tests to space programmes to corruption to nationalisation to globalisation. Today, India is growing as one of the super-powers in the world. Still, it has its own problems that requires immediate solution. The present President of India, Shri Pranab Mukherjee, on the eve of republic day of India 2014 raised similar concerns such as corruption, rise of hypocrisy in public life, incompetency of governments to strike social and economical progress. The President highlighted the need of better education and requisite infrastructure. The President also hoped that with the emergence of India as one of the fastest growing economies, India will be be able to continue its legacy of her Constitution. 

We must be open to all knowledge; to do otherwise would be to condemn our nation to the misery of a stagnant mire. But we should not indulge in the easy option of mindless imitation, for that can lead us to a garden of weeds. India has the intellectual prowess, the human resource and financial capital to shape a glorious future. We possess a dynamic civil society with an innovative mindset. Our people, whether in villages or cities, share a vibrant, unique consciousness and culture. Our finest assets are human.

And in this journey, the lawyers have to and have played an important role- be it at the time of 1975 emergency or the issue of protection and furtherance of Fundamental Rights, there has always been a silent Hero in the form of a Lawyer, fighting for a cause. Thus, we take this opportunity to reshare the following interview of Mr. Ram Jethmalani where he has elaborately discussed the duties of a lawyer:

http://www.youtube.com/watch?v=wZUSc6mBbHM  

To Conclude, IIT-Kharagpur Law Blog wishes you all a very Happy Republic Day. Every Indian understands the sanctity of the Constitution and importance of this day which was actually the day we found ourselves as India, as a nation. In the words of former President of India Dr A. P .J.  Abdul Kalam, we wish the nation peace, prosperity and happiness.

The Vision

Where is the peak, my Lord?
I ploughed and ploughed,
Where is the knowledge treasure, my Lord?
I sailed and sailed,
Where is the island of peace, my Lord?
Almighty, bless my nation
With vision and sweat resulting into happiness.  

JAI HIND!