The constitution of India man is a social animal who live in society, governed by a set of well-defined rules and regulations. The rights and duties of a man towards his fellow citizens, society and the nation have made some rules and regulations. They also dictate the political structure and the functions of different organs of the government. In brief, this set of rules and guiding principles, laid down in a orderly and systematic manner and endorsed by the people, makes the Constitution of a country. For good government we are required clear guidelines, principles and rules regarding the formation, structure and powers of the government, the rights and responsibilities of the citizens, the judicial processes and many other significant matters affecting the nation. It is here that the requirement for what is said to be as the rule,s of law’ arises.
You already know that no society can function in a systematic manner without laws to instruct citizen’s actions along with sanctioned channels. According to James Madison, “If men were angels, no government would be necessary.” But laws are required to limit man because he is also human and fallible.
India’s legacy is rimi se Social hirachy has long impacted on women determining their status as ‘subordinate’ from birth. Social traditions and religious norms sanctioned many social evils against women. Female infanticide was a general practice, though it exists, at certain places in modern India also. The birth of a girl child is still considered as a bad omen in several parts of the country. A century ago, 972 baby girls were born for each 1000 boys; at present the figure 933 female infants, while the figure for male babies remains constant.
The dowry system is another serious social evil leading to suicide and bride burning. If boy and girl are equal before law, then why is the family of the bride asked to pay dowry in terms of cash and kind? Although paying and accepting dowry has been illegal in India for more than 40 years, the oppressive custom still persists. Official estimates show that every year, almost 7,000 women are killed by their spouses and in-laws because of ‘inadequate’ dowry payments. In this regard the case of Nisha Sharma (year 2003), a software engineer, is worth mention. Nisha called off her marriage at the eleventh hour when the bridegroom and his family made last-minute (and extravagant) demand for dowry. She not only cancelled the marriage, but even called the police and had the bridegroom arrested. This shows that we need stringent and effective laws to curb this anti social practice which perpetuates the myth of male supremacy. All these and many other social and economic problems collectively ask for a rule of law pivoting around equality.
THE BASIC VALUES ENSHRINED IN THE CONSTITUTION
The Constitution of every country is based on certain basic values. The Preamble to the Indian Constitution cherishes the basic values of the Constitution. Technically, the Preamble is not a part of the Constitution. It is an introduction, a prelude which highlights the guiding principles the bedrock on which the Indian Constitution is founded. The stirring words of the Preamble obviously inspired by the Preamble to the Constitution of the United States of America make declaration to the People of India:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; dem fram dire proc nati gov righ emb the as f the pow dec mat the sho free mis ma kee are bac tow at the for 136 SST-C.
EQUALITY of status and and opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; .
