Constitution and Social Change ( Sociology Optional)

Introduction

  • The Constitution of a country is the highest legal-political document for its government. It also embodies the statement of rights of the people as lawfully established.
  • A good Constitution is future oriented, rather than past oriented. Historically, whenever a constitution has been framed, it has followed by some sudden change.
  • A constitution has been intended to usher in a new social and political order. The proclamation of the Indian Constitution after the transfer of power from Britain heralded a new era too.

Indian Constitution

  • Preamble guides the broader process of social change both at macro and micro level envisaged in the constitution of India.
  • The Indian Constitution retained the liberal democratic framework but broadened the scope of governmental intervention with a view to promoting social reform and welfare.
  • The structure of rights in the Indian Constitution envisaged an active role of the state in bringing forth social transformation.
  • All discriminations on the basis of caste, gender, ethnicity etc are declared illegal in one stroke.
  • The Constitution promises to all its citizens Justice, social, economic and political; Liberty of thought expression, belief, faith and worship; Equality of status and of opportunity and to promote among them all Fraternity assuring the dignity of the individual at the micro level.
  • Equality and freedom are two important features which has changed entire fabric of social life as compared to pre independence Indian society.
  • The democratic character of the state is ensured by the right of the people to elect representatives on the basis of adult franchise (Article 326).

Preamble and important basic features

  • Preamble established a Republican Democracy in place of the monarchical empire.
  • According to the Preamble, it is ‘We, the people of India’ who enshrined the authority of the constitution, as the Supreme Law of the land.
  • The constitution is derived from the people and not from the grace of any external sovereign. Therefore, India is a Democratic, Sovereign country.
  • India is also a Republic. It does not recognize any hereditary rule.
  • By an amendment in 1976 the aims of establishing secularism and socialism were incorporated as parts of preamble.

Six categories of Fundamental Rights

  • Right to Equality: According to this provision the State shall not deny to any person equality before law. It further provides equality of opportunity in matters
  • Right to Freedom: This right consists of Freedom of speech and expression; peaceful assembly without terms; free-movement throughout the territory of India; practice of any profession, occupation, trade or business etc.
  • Right against Exploitation: It prohibits all forms of forced labor, child labor and traffic in human beings.
  • Right to Freedom of Religion: Every person has the right to profess, practice and propagate any religion.
  • Cultural and Educational Rights: right to conserve its distinct culture, language and script.
  • Right to Constitutional Remedies: Under this, every person has the right to seek justice for the enforcement of Fundamental Rights.

Directive Principles of State Policy

  • The Constitution lays laid down certain Directive Principles of State Policy the ideals behind the Principles were rooted in our freedom struggle.
  • These Principles were inserted in the Constitution to provide guidelines for the determination of policies and actions to be undertaken by the State after independence. Articles 36 to 51 of part IV of our Constitution deal with these Principles.
  • The significant aspect of the Directive Principle is that “the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice-social economic and political.
  • State shall secure adequate means of livelihood for all citizens equal pay for equal work; health and strength for all from economic vocations etc.
  • The state is expected to take steps and secure other social, economic and political programmes.

Other Special Constitutional provisions for Women

  • Article 14 of the Constitution of India confers equal rights and opportunities for women and men in political, economic and social spheres.
  • Article 15 prohibits discrimination against any citizen on the grounds of gender.
  • Article 39 enjoins upon the State to provide equal means of livelihood and equal pay for equal work.
  • Article 42 directs the State to make provisions for ensuring just and humane conditions of work and maternity relief.
  • Article 51 A imposes a Fundamental Duty on every citizen to renounce the practices derogatory to the dignity of women.
  • Article 15 (3) makes it possible for the state to create special provision to protect the interest of the women/children.

Special Constitutional provisions for Children

Children are the social group, who are exploited and oppressed, denied of basic human rights and a dignified childhood. The following Constitutional provisions are available:

  • Article 24 prohibits employment of children, below 14 years of age in any factory or mines or in other hazardous occupations furthermore
  • Article 45 provides for free and compulsory education for all children up to the age of 14 years.
  • Article 39 (e): The children should not be forced by economic necessity to enter avocations unsuited to their age and strength.
  • Article 39 (f): Children should be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Various laws have been passed to safeguard the childhood:

  • Factory Act, 1948: It raised minimum age of employment in factories to 14 years.
  • The Child Labour (Prohibition & Regulation) Act, 1986 prohibits the employment in seven occupations and eighteen processes.
  • Juvenile Justice Act, 2015

Special Constitutional provisions for Scheduled Castes, Scheduled Tribes, and other Backward Classes

  • It was realized by the Constitution makers that objective to secure, social, economic, political quality for all the citizens that this could not be achieved unless persons belonging to special disadvantaged groups were provided special protection to emancipate them from prejudices and exploitation.
  • There are types of reservations are available to the members of the SCs and STs under the Constitution.
  • They are: (a) reservations of seats in the Lok Sabha, the Vidhan Sabha and the various Panchayati raj bodies ,(b) reservation in government services.
  • The provision for the reservation for the OBCs is available only in the Panchayti Raj bodies.
  • Moreover, under Article 244(2) special provisions have been made for the tribal areas in the states of Assam, Meghalaya, Mizoram and Tripura under the Sixth Schedule of the Constitution.

Special Constitutional provisions for the Minorities

  • Articles 29 and 30 of the Constitution seek to protect the interests of minorities. They recognise the rights of the Minorities to conserve their language, script or culture. They may establish and administer educational institutions of their choice.
  • Article 350A provides for instructions in the mother tongue at the primary stage of education to children belonging to linguistic minorities.
  • Article 350B provides for a Special Officer to investigate all matters relating to the safeguards for linguistic minorities.

Rights of Workers

  • The State shall make provision for securing just and humane conditions of work and for maternity relief. (Article 43)
  • The state shall endeavour to secure, to all workers, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities. (Article 43)
  • The state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. (Article 43)
  • By the 42nd Amendment to the Constitution, the State is empowered to secure the participation or workers in the management of undertakings, establishments of other organisations engaged in any industry. (Article 43A)

Limitations

  • The right to work as such cannot be granted by any liberal democratic state simply because it does not control all the means of production.
  • The system of social insurance is also provided by only developed industrial countries though its operation is unstable.
  • For a developing country like India the promise of universal right to work and/or social insurance is too ambitious.

Conclusion

  • It has acted not only as a facilitator of change but has also encouraged and promoted economic and social development.
  • Moreover, it has defined and guided the strategy of planning which was adopted and fostered subsequently in the country.
  • The process of social change leading to socio-economic transformation of the India society was accelerated by these enactments. Some of these have influenced the lifestyle of the Indian people.