Constitutional Transformation in 21St Century

INDIA’S CONSTITUTIONAL TRANSFORMATION IN 21ST CENTURY LEX ASSISTO : A STEP TOWARDS LEGAL ASSISTANCE India’s Constitutional Transformation in 21st Century A book by LexAssisto First Impression: July 2020 © LexAssisto All Rights Reserved ISBN: 978-93-89244-81-6 Published by: Writersgram Publications, New Delhi www.writersgram.com [email protected] Printed in India Maximum Retail Price: ₹ 200 Views expressed in this book are those of the contributors. The Editors, Lex As- sisto and Writersgram Publications do not necessarily subscribe to the views expressed by the contributors. All rights reserved. No part of this publication may be reproduced, stored in or introduced into a retrieval system or transmitted, in any form, or by any means (electrical, mechanical, photocopying, recording or otherwise) without the prior written permission of the publisher. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. Contents Preface �� 6 Editorial Note �� 9 Chapter 1 Dr B. R. Ambedkar’s Vision On Nationalism And National Integration by Monika Bagaria ..................................................... 16 B. R. Ambedkar’s Philosophy And Its Future Vision by Vishal N Rohela ............................................................................................. 22 Framing Of Indian Constitution: A Succinct Study by Utkarsh Dixit ................................................................................................. 27 Framing Of Indian Constitution: “ The Rule Of Law Is Supreme And One For All” by Priya Dahiya �� 35 Transformative Constitutionalism And Indian Judiciary by Chippy G Krishnan ......................................................................... 42 Chapter 2 Constitutionalism And Constitutional Morality by Nishantika Sood ................................................................................................. 50 Constitutionalism And Constitutional Morality In India by Pragya Srivastava ........................................................................... 55 Right To Equality Vs. Inequal Living Standards Of Life by Twinkle Sharma .............................................................................. 59 Right To Equality V/S Inequal Social Standards Of Life by Tanushree Kaul ............................................................................... 64 Compulsory Education In India: Right And Quality by Tanya Shrotriya ......................................................................................... 70 Right To Equality Vs. Inequal Social Standard Of Life by Prashant Pratyay ............................................................................ 76 Chapter 3 Judicial Perspective Towards Constitutionalism In India by Dr� Gunisha Saluja................................................................................ 84 Reforming Education System by Supriya Sahu ........................... 90 Boon Or Bane? by Dt� Srushti Bothra ........................................... 96 Gender Equality And Violence Against Women by Kriti Jain . 100 Directive Principles Of State Policy And Sustainable Development Goals As An Agenda For Modern India by Manas Agarwal ......................................................................................... 106 Chapter 4 Sexual Harassment At Workplace: A Socio-Legal Concern by Soumya Mani ................................................................................ 112 Right To Information V/S Right To Privacy by Amol Verma ... 118 Right To Quality Education In Perspective Of Fundamental Right To Free And Compulsory Education by Anjali Kumari .. 123 Fundamental Right To Free Legal Aid In India by Anurag Singh ....................................................................................................... 129 Freedom Of Speech And Expression In 21st Century by Arzoo Pandit ............................................................................................ 135 How Indian Constitution Encourages Free And Compulsory Yoga Education Among Students To Increase The Quality Of Life And Education In India? by Rashi Makhija �� 142 PREFACE To Granville Austin, “The Indian Constitution is first and foremost a social document”� No truer comment or better appreciation can be made of the Constitution of India� The Constitution is an organic instrument embodying the social values and aspirations of those who are to be governed by it� It is the blue-print of a new social order based on justice, freedom, equality and human dignity� It has established political democracy and imposed on the State the obligation to transform itself into social and economic democracy through peaceful means and Rule of Law� Since the commencement of the Constitution ‘the revolution of rising expectations’ has gripped the mind of the working class community, determined to shake off their conditions of slavery and poverty� The guarantees of certain valuable rights and privi- leges in chapters III and IV of the Constitution have opened new avenues for the realization of their hopes and aspirations� To our labourers, the Directive Principles represent ‘a charter of economic freedoms�” It lays down the socio-economic rights considered as necessary ingredients towards attaining ‘good life’� India is a democratic country governed by written Constitution and rule of law� Constitutionalism is the manner in which the in- stitutions of the Government conduct themselves to achieve the very objective of the Constitution� It renders political and ideo- logical aspirations that connotes to the philosophical soul of the Constitution� The primary objective of having a constitutional democracy is to transform the society progressively and inclusively� LexAssisto 7 Our Constitution has been perceived to be transformative in the sense that the interpretation of its provisions should not be lim- ited to the mere literal meaning of its words; instead they ought to be given a meaningful construction which is reflective of their intent and purpose in consonance with the changing times� The introductory part of this book deals with the subject in its historical perspective� This is followed by an analysis of some basic concepts, such as the Welfare State, the Socialistic Pattern of Society and Social Justice� The book will also deal with the Role of the Courts in the Constitutional Aspects, Freedom of Speech and Expression other topics which related to the Indian Consti- tution� The book deals with the Transformative constitutionalism� It not only includes within its wide periphery the recognition of the rights and dignity of individuals but also propagates the fostering and development of an atmosphere wherein every individual is bestowed with adequate opportunities to develop socially, eco- nomically and politically� When guided by transformative constitutionalism, the society is dissuaded from indulging in any form of discrimination so that the nation is guided towards a resplen- dent future� Thus constitutionalism at its core, signifies a restraint on the government not to act in a manner which would become violative of the provisions of Constitution and rule of law� Its effi- cacy is being backed by constitutional morality, in the absence of which, operation of constitutionalism will be farce� The book also looks into the Constitutional morality, which embraces within its sphere several virtues, foremost of them being the espousal of a pluralistic and inclusive society� The concept of constitutional morality urges the organs of the State, including the Judiciary, to preserve the heterogeneous nature of the society and to curb any attempt by the majority to usurp the rights and freedoms of a smaller or minuscule section of the populace� Constitutional morality cannot be martyred at the altar of social morality and it is only constitutional morality that can be allowed 8 INDIA’S CONSTITUTIONAL TRANSFORMATION IN 21ST CENTURY to permeate into the rule of law� The veil of social morality cannot be used to violate fundamental rights of even a single individual, for the foundation of constitutional morality rests upon the recognition of diversity that pervades the society� The role of the Courts in the book gains more importance when the rights which are affected belong to a class of persons or a minority group who have been deprived of even their basic rights since time immemorial� Our Constitution is a living and organic document capable of expansion with the changing needs and demands of the society� The Courts, therefore, owed a duty to robe themselves with the armoury of progressive and pragmatic interpretation to combat the evils of inequality and injustice� The book also deals with the right to life, liberty, equality, and dignity to all, however women in general and Hindu and Mus- lim women in particular, children and other groups etc� are some of the examples who are deprived from the justice and equality� They are facing deprivation segregation and discrimination in the society due to the socio-cultural and religious morality deep root- ed in the Indian society though it is illegal� Even after the various judicial pronouncements the task of implementation of constitutionalism and constitutional morality are yet to be achieved�

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