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Constitution of India

On 15 August 1947, India acquired its independence from Britain. The newly-appointed
Constituent Assembly was given the task of drafting a constitution for India, and the
greater part of this onerous responsibility fell upon the shoulders of B. R. Ambedkar, who
was elected chairman of the drafting committee. There was much irony in this: as the
leader of the "Untouchables", as they were then called, Ambedkar had been the most
unremitting foe of Gandhi, the "Father of the Nation". Ambedkar, who was Law Minister
in the Government of India, and his colleagues made a careful study of the constitutions
of various countries, besides considering the common law traditions of Britain and the
decisions of the Supreme Court of the United States.

The Constitution of India guarantees equal rights to all citizens, and prohibits
discrimination on the basis of race, ethnicity, gender, caste, and religion; it also allows
universal franchise, thereby making the Indian electorate the largest in the world. The
Fourth Part of the Constitution contains what are called "directive principles of state
policy", which require the government to set goals for the welfare of the people, such as a
minimum wage, jobs for people from disadvantaged backgrounds, and subsidized
medical care. The Indian Constitution is one of the largest in the world, and
comprehensive and sweeping in its scope. The Indian state, however, has been ax in its
commitment to enforce the "directive principles", and constitutional rights have been
abrogated much too often. During the internal emergency of 1975-77, proclaimed by
Prime Minister Indira Gandhi, the Constitution was sadly rendered ineffective. In recent
years, the Supreme Court of India, as well as the higher courts, have shown much daring
in so interpreting the Constitution as to advantage the oppressed, the poor, and the
victims of state and police brutality. Indeed, the Supreme Court has become renowned for
its judicial activism and what is termed Public Interest Litigation or Social Action
Litigation. The Constitution remains a vital and living document, and the political
awareness of recent years suggests that it will continue to be a source of inspiration for
those who strive valiantly to make Indian society more egalitarian and just.

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