In his treatise on 'Representative Government,' John Stuart Mill recorded that individuals who constitute a nationality are united by common sympathies that do not exist between them and any others and by "the possession of a national history, and consequent community of recollections…." To constitute national identity and consciousness, nations and societies often designate occasions where their members recommit themselves to fundamental constitutional and community values. November 26 is one such occasion designated as the 'Constitution Day' in our country to commemorate the adoption of our Constitution by 'We, the People of India,' acting through the Constituent Assembly and thereby inspiring our people to keep the abiding faith of our Founding Fathers. It is an occasion to understand and preserve our Constitution's incredible and miraculous story and promote constitutional values among citizens.

In the last 75 years of its organic and progressive growth, the Constitution has served as the framework and the sustaining energy of the organs of the State. Through times of war and peace and amidst countless other challenges, our Constitution, built on the edifice of the sovereign, socialist, secular, democratic, and republican structure, continues to strive to secure justice, liberty, equality and fraternity for its citizens. This historic and most influential document means and matters a lot for us. It is the vehicle of life and is beautiful in its profound simplicity. One can proudly say that the working of the Constitution in the past 75 years has led to the symbolic transformation of the common man from 'nothing' to 'something'.

The Constitution of India reflects vignettes from different periods of history, ranging from Mohenjodaro in the Indus Valley to the Vedic Period, the Gupta and Maurya empires, the Mughal era, the colonial period, and the national freedom movement. It speaks about 4000 years of our rich history, tradition, and culture.

Everybody's preserve

The people of India are the ultimate custodians of the Constitution. Sovereignty vests in them, and it was enacted and adopted in their name. The Constitution empowers the citizen, and the citizen empowers the Constitution by following it, adhering to it, protecting it, and preserving it to make it more meaningful with words and deeds.

The Constitution is everybody's preserve. When it was adopted, there were no provisions regarding the fundamental duties of citizens, though there was a unique part for fundamental rights. The 42nd Amendment in 1976 added fundamental duties to the Constitution based on the recommendations of the Swaran Singh Committee, which was constituted by the government. The Committee suggested that steps needed to be taken to ensure that the individuals did not ignore their duties while exercising their rights. The newly added Article 51-A specified a code of ten fundamental duties for citizens. It has now become eleven through the Constitution (86th Amendment) Act, 2002.

Duties are reminders

Fundamental duties are essentially a part of our tradition, mythology, religions, and practices, and they are integral to the Indian way of life. They are intended to serve as a constant reminder to every citizen that while the Constitution expressly conferred on them certain fundamental rights, it also requires citizens to observe certain basic norms of democratic conduct and behaviour. Fundamental duties have brought our Constitution in line with Article 29(1) of the Universal Declaration of Human Rights, which says we all have a duty to other people and should protect their rights and freedoms. It is synchronised with the provisions in several modern Constitutions.

Guiding the nation

The Constitution envisaged rule by popular consent, with laws enacted by people's representatives. It introduced novel governmental doctrines and practices such as the rule of law, checks and balances, separation of powers, federal and republican forms of government, judicial review, and collective responsibility. It has prescribed the principles for guiding our nation, the mother of democracy and the expectations of people from the State. Its influence on the history of ideas and legal thinking has remained strong. However, there is equally a need to educate our citizens in the knowledge required to defend their rights and fundamental freedoms.

The People in "We, the People"

Who are the people in "We, the People" appearing in the opening phrase of the Preamble? This is indeed a question that has been debated for long. It signifies the collective identity of the citizens and their role as the ultimate source of authority and power in shaping our nation's destiny. This expression reflects the supremacy of the Constitution, its democratic foundation and constitutional values, our commitment to building a just and inclusive society, the participatory nature of governance, aspirations of the freedom movement, the desire for self-governance, and so on. This unique expression addresses all citizens collectively and clarifies that the interaction between the Constitution and citizens is direct and immediate.

It also emphasises that the chief aim of drafting the Constitution was to create a government that serves the citizens and has enough power to act at national and State levels, but without so much power, fundamental rights would be at risk. The powers of each branch are enunciated in the Constitution itself, and its primary consideration is, no doubt, the welfare of all. The expression "We, the people" is thus inclusive and covers all strata of the population, men, women, and trans genders; the haves and the have-nots; the tall and the short; the young and the old, the sick, infirm, disabled; the fortunate, less fortunate and unfortunate; the prosecuted and the persecuted; the powerful and the oppressed.

The framers intended to establish a firm alliance of friendship between the Union and the states. They knew well that making the states strong would make the Union strong. The Constitution, in Article 1, affirmatively declares that India, that is, Bharat, shall be a Union of States. The Constitution, in a special way, recognised the importance of liberty. Jose Rizal, a Filipino nationalist and polymath, rightly asserts that without liberty, there is no light.

Amazing historical charter

The Constitution is not merely a declaration. It is the fulfilment of the promise of the people. It is a document of pragmatic character and utility. It really advances human good and our pursuit of happiness, making us better citizens. A well-structured constitutional government of enumerated power must hear every voice in the democratic process, secure investments and jobs, and guard us against external threats to peace. Constitutional limitations on exercising legislative and executive power, in fact, leave each citizen a great expanse of freedom. It is up to each of us to employ our freedoms wisely and with responsibility.

We must know that free speech may lead to a search for truth and wisdom, and its abuse may turn to falsehood and libel. Similarly, property can lend economic security to family and human flourishing, but it can also be abused to magnify environmental harm or deny just wages and decent working conditions. Founders understood the golden truth that only virtuous people can be free.

A new past for a new present

A new past for a new present would take India's constitutional history on a new frontier. The purpose of the Constitution is to build an egalitarian society to secure a quality life for the people with the right to equality. The Constitution stands for the common man and works for the common man. The ambition of Mahatma Gandhi, the most remarkable man of our generation, was 'to wipe every tear from every eye.' Our pursuits will not be over as long as there are tears and suffering.

The Constitution reflects the people's hopes and aspirations. The cherished goals of the Indian Constitution, as indicated in the Preamble, aspire to justice, liberty of thought, expression, belief, freedom of worship, equality of status and opportunity, and fraternity, assuring the dignity of the individual and the unity and integrity of the nation.

Democracy as a process

Democracy is a process, not a static condition. It is becoming rather than being. It can be easily lost but is never finally won. Much of our constitutional history reflects this ongoing process, with individuals and groups attempting to make the country better.

Life in a democracy should include equality in all aspects and provide everyone with opportunities to develop to the best of their ability. Quality, sustenance and success of democracy depend on political freedom, economic equality and social justice. Democracy is an excellent system of governance. Nevertheless, it is liable to be greatly abused. The remedy is not to avoid democracy but to reduce the possibility of its abuse to a minimum. A good Constitution in a democratic set-up is important, but the system it contemplates and how it works is much more so.

The soul of India is its Constitution. It is a 'living tree' capable of natural growth and expansion. It is organic and progressive and is the light, path, direction and foundation of its people. It is a magnificent edifice reared for immortality. The amending process made the Constitution a living document that could be changed only with enough support to meet the changing needs of the time without damaging its basic framework. It is said laws that promote people's aspirations sprout from the womb of a good Constitution. Constitution has performed well as an engine of growth and means of social and democratic transformation. The growth of a democratic nation is assessed primarily on the prevalence of democratic norms and constitutional values.

The real place of the Constitution in the daily life of an Indian has been beautifully exposed by Justice RF Nariman. "Let every person remember that the 'holy book' is the Constitution, and it is with this book in hand that the citizens of India march together as a nation, so that they may move forward in all spheres of endeavor to achieve the great goals set out by this 'magna carta' or great charter of India."

Our founding fathers nourished a vision for this country ruled by diverse people who lived and worked here. With this idea, they structured our Constitution. Our success as a country and its rise to the present status today proves that a country can, in fact, be successfully run on a democratic framework. The framers have given us the best. It is for us to keep it. Let the Constitution guide India and its people to move forward and be the model nation of the world now and in the years to come.