Friday, April 10, 2015

Ambedkar’s herculean efforts in the drafting  committee have resulted in one of the most balanced and encompassing constitutions of the world.

Dr. Ambedkar and the Indian Constitution are inseparable; therefore, when any provision of constitution comes up for interpretation, the court heavily relies on what was stated by Ambedkar in the constituent assembly. His ideas on constitutionalism are the touchstones for the Indian Judiciary in deciding any constitutional anomaly.

Ambedkar’s contribution to the constitution did not end on 26th January 1950, the day of its adoption. Even after his death, his ideas on constitutionalism have helped in the interpretation of the constitution. His legacy of  ‘constitutional morality’ had come  to  rescue  in  the  case of Kesavananda bharti.  In this case the Indian Judiciary had to grapple with the biggest constitutional question ever encountered  – Can the basic structure of the constitution be amended?

While delivering the judgment the courts relied upon his speeches in the constituent assembly and his views on constitutional principles. It was the constitution that saved the constitution. The thirteen-judge bench, with the ratio of 7:6, decided that basic structure couldn’t be amended. Thus, Dr. Ambedkar’s contribution to the constitution of India still continues.
 
(from Internet)

No comments: