Constitution is not a mere lawyers document, it is a vehicle of Life

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26 November is Constitution Day of India

By   Zile Singh                                      

            India got independence on August 15, 1947, from the British rule. On the eve of independence, Prime Minister Jawahar Lal Nehru, the first prime minister of India said, “We have been provided with a car.  With all brakes.  But no engine.” 

The Constituent Assembly comprising 284 eminent members from all regions and walks of life, including 12 women, spanning over 2 years, 11 months and 18 days readied the longest written constitution of the world under the draftsmanship and chairmanship of Dr. B.R. Ambedkar and Dr. Rajendra Prasad respectively, on November 26, 1949, after its 11 sessions. 

The total cost of drafting and framing the Constitution came to be around Rs. Sixty-four lakh at that time.  It came into force on January 26, 1950, exactly after two months of its passage through the Constituent Assembly. Why after two months on January 26, 1950? 

The Indian National Congress, on 19 December 1929, passed the historic ‘Purna Swaraj’ – (total independence) resolution at its Lahore session.  A public declaration was made on 26 January 1930 – a day which the Congress Party urged Indians to celebrate as ‘Independence Day’.

The declaration was passed due to the breakdown of negotiations between leaders of the freedom movement and the British over the question of dominion status for India.  Thus, the Constitution, in the form of an Engine was fitted in the car (independence) granted to us, thence onwards we were able to govern and manage our affairs according to our own laws.  November 26 is known as “Law Day” also. The National Flag was adopted on 22nd July 1947 and the National Anthem on 24th January 1950.

The chief aim of the Constitution as drafted by the Constituent Assembly was to create a government with enough power to act on a national level but without so much power that fundamental rights would be at risk.   

The constitutional provision of India is a law that is not formed from statute or common law but rather is inscribed within the founding laws. According to Dr. B.R. Ambedkar, the chief architect of the constitution, “Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age. Cultivation of mind should be the ultimate aim of human existence. If I find the constitution being misused, I shall be the first to burn it.” 

Dr. Rajendra Prasad, the Chairman of the Constituent Assembly, while speaking on the occasion of the final adoption of the Constitution, said, “Personally, I do not attach any importance to the label which may be attached to it whether you call it Federal Constitution or Unitary Constitution or by any other name.  It makes no difference so long as the Constitution serves our purpose.  We are not bound to have a constitution which completely and fully falls in line with known categories of constitutions in the world.  We have to take certain facts of history in our own country and the Constitution has not to an inconsiderable extent been influenced by such realities as facts of history.

He further said, “There are only two regrets.  First, I would have liked to have some qualifications laid down for members of the Legislatures and second that we have not been able to draw up our first Constitution of a free Bharat in an Indian language. Whatever the Constitution may or may not provide, the welfare of the country will depend upon the way in which the country is administered. After all, a constitution like a machine is lifeless thing.  It acquires life because of the men who control it and operate it. Today India needs nothing more than a set of honest men who will have the interest of the country before them.”

Jawahar Lal Nehru said, “Our republic shall include the whole of India.  India is bound to be an independent and sovereign State.  We are not going to have an external monarchy and we cannot have research for some local monarchies.”

Prime Minister Narendra Modi, for the first time in 2015 declared 26 November as Constitution Day while laying the foundation stone for Dr. B.R. Ambedkar’s Statue of Equality memorial. 

The same year, 125th birth anniversary of Dr. Ambedkar was celebrated.  Since then, a special two-day session of Parliament is convened every year. He said, “Dignity for Indians and unity for India …this is what our Constitution is about.  To strengthen our democracy, it is important for people to know about the aspects of our Constitution.  Our Constitution is a ray of hope: H for harmony, O for opportunity, P for people’s participation and E for equality.”         

Important quotes on Constitution:

Winston Churchill: “A written constitution carries with it the danger of a cramping rigidity. What body of men, however far-sighted, can lay down precepts in advance for settling the problems of future generations?”

Abraham Lincoln: “Don’t interfere with anything in the Constitution.  That must be maintained, for it is the only safeguard of our liberties.”

Nelson Mandela “It is also a charter for the transformation of our country into one which is truly shared by all its people, a country which in the fullest sense belongs to all of us, black and white, women and men.”  

John Adams: “You will never know how much it has cost my generation to preserve your freedom.  I hope you will make good use of it.” 

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