27 July 2024 : Daily Answer Writing
Q1) The Indian constitution is unique in the sense that it not only creates a limited government but also establishes a welfare state. Explain with suitable examples.
(250 Words/15 Marks)
ANS
Indian Constitution not only enables Indian democracy by defining various organs of government but also by defining their powers. Constitution sets broader limits of power of government and enshrines the provisions for empowerment for deprived.
Indian constitution enables a limited government in the following manner:
1. Parliament and assemblies check the power of executives by various means of accountability used by legislature and committees in these houses.
2. Independent judiciary: Indian Constitution has provided for judicial independence which is very important for restriction of arbitrary use of power. The SC acted as the guardian of the constitution by invalidating legislations that violate the constitutional provisions.
E.g., the basic structure doctrine evolved by the free judiciary has helped to limit executive powers and safeguard constitutional supremacy.
3. Constitution put a limit on the power of government by specifying certain fundamental rights to all the citizens and which no government can violate except in certain circumstances. DPSPs guide socio-economic development and conducting governance.
4. The role of President, the system of bicameral legislature acts as check and balance to the power of government.
5. Constitutional institutions -Watchdog institution like CAG, act as guardian of the public purse, an independent Election Commission (EC) for ensuring free and fair elections. EC acts as a check on executive and legislature, while election process through instruments like expenditure limit, model code of conduct etc.
The Indian constitution has provided a framework for welfare state in the following ways:
1. Fundamental Rights: The Fundamental Rights are justiciable in nature. They empower the deprived through the prohibition of discrimination on certain grounds (Article 15), the right to equality (Article 16) etc. Violation of any of it can be challenged in the Supreme court (SC) directly. SC is empowered to do complete justice (Article 142).
2. Universal franchise: Constitution provides voting rights to all without discrimination. Anyone above 18 can vote in a fair and free election conducted under the Election Commission.
3. Social justice: Through various provisions like abolition of untouchability etc. E.g., Article 23 prohibits traffic in human beings and forced labour, Article 24 prohibits employment of children in factories, Article 46 talks about promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
4. Political empowerment: Constitution empowers politically deprived through provisions like Article 330-Reservation of seats for SC and ST in Lok Sabha, Article 243D- Reservation of seats in Panchayats etc.
5. Institutional protection: Constitution has provided for various institutions for safeguarding the interests of the deprived. Article 338 provides for National Commission for Scheduled Castes (NCSC), Article 338A for National Commission for Schedule Tribes (NCST), Article 338B provides authority to National Commission for Backward Classes (NCBC).
Indian constitution has acted as the bedrock of Indian democracy. It has envisioned aspirations of people in Preamble in form of social, secular, and democratic government with ideals of equality, fraternity, and liberty. The above examples show that the Indian constitution has empowered not only various organs to work in harmony for the welfare of Indian citizens but also provided the deprived with powers to claim their rights.
