This Legal Research the theory of the "Constitutional Law" And "Political
Organizations". Chiefly, the main spirit at the rear of appoint this topic is
that Current Political affairs and how constitution plays its crucial role in
these matters. It discovers the history of Making of constitution of India and
how political Organizations were emerged. There are 75 years completed of
constitution more than 100 amendments except basic structure took place in the
constitution.
This research observed Some debates over socio – political contend
the main issue of these debates and how it solved amicably. Through the landmark
judgements how Acts, Amendments can be interpreted. The unsolved issues of
Political Organization or the issues which can be partially resolved by the
Constitution.
At present, Remark about "Constitutional Law" And "Political Organization" at
these point 2 components are partially linked to each other furthermore the
political Organizations are didn't defined under Constitution of India but still
they are relevant to each other. Most authors failed to research about Making of
Constitution and could not bifurcate the Constitutional Law & Political
Organizations and their various Kinds. According to socio-legal Methodology, the
segments in this research is much relevant to current political environment. If
any new case or matter dispute arises then how its constitutionally solved.
There are many these disputes or issues are still unsolved. That briefly you
will get to see in research.
Introduction
"The Constitution it's a Wheel of life and soul of standard of living of every
citizen similarly Political Organizations are Chariot of Fruitful & Productive
Authority."
The Constitution of India is the Supreme legal document of India and the Symbol
of Nation. Now, we all know that the Parts, Article and schedules of
Constitution of India. The written and largest Constitution along with 106
Amendments but do you know how Our Constitution framed by constitution makers
and how we borrowed some features from other country. Before knowing the
Constitution let's take lookout the Historical Data of this information is about
unheard Political Organization.
Why the History of Freedom/ Independence because
the country should be sovereign, Independent and Developed to frame their own
constitution i.e. India should be Independent then it is able to make their own
constitution. We all know the Indian National Congress is one of the oldest
Political Organizations of India. but do you know before Indian National
Congress there was Major Political Organizations.
Are as follows:
-
In Bengal:
- The Zamindari Organization (1838): Founded by Dwarkanath Tagore and Raja Radhakant Dev. The object was to safeguard the interest of landlords through petitions.
- The Indian League: Founded by Sisir Kumar Ghosh. The object was to raise awareness of independence and encourage the fight for freedom.
-
Bombay:
- Bombay Presidency Association (1885): Founded by K.T. Teleng and Pherozshah Mehta. The objective was to make Indians aware about the need for independence and to abolish British control.
- The Bombay Presidency Association also hosted the first meeting of the Indian National Congress in Bombay.
-
Madras:
- Madras Mahajan Sabha (1884): Founded by M. Viraraghavachari, B. Subramaniyam Aiyar, and P. Ananda Charu. The aim was to create a nationwide organization to free the country from British rule.
Later, in the year 1885, the Indian National Congress was established by A.O. Hume. The rise of Indian nationalism followed its establishment.
Before independence, the East India Company came with the intention of business and trade. However, the company's power grew and eventually turned into British rule over India. British cruelty increased, especially against farmers and workers, sparking protests and riots.
Some leaders started newspapers like
KESARI and
MARATHA — by Lokmanya Tilak and Gopal Ganesh Agarkar — to raise public awareness against British rule.
The British enacted a law (Section 124A – Sedition) to prosecute those who went against them. Many freedom fighters were prosecuted under this law.
Do you know why Mohammad Ali Jinnah was known as "The Great Advocate"? During the trials of Lokmanya Tilak, who was charged with sedition three times, Jinnah appeared as his counsel. Based on the principle of natural justice –
Audi Alteram Partem – Jinnah helped secure bail for Tilak. Eventually, at the third trial, Tilak was discharged due to old age and illness.
Cabinet Mission Plan (1946):
Formulated by British PM Clement Attlee, the Cabinet Mission aimed to provide independence and discussed a constitutional framework. Indian leaders demonstrated their ability to frame and execute their own constitution, leading to the failure of the mission.
Indian Independence:
- On July 14th, the Indian tricolor was introduced, designed by Pingali Venkayya.
- According to the Indian Independence Act, 1947, India gained independence on August 15th, 1947.
- Sucheta Kripalani sang Iqbal's "Saare Jahan Se Achcha", followed by the national anthem, evoking pride in every Indian heart.
Constitution-Making Process:
- Work began on December 9, 1946.
- The historic session commenced on August 15, 1947.
- The Constitution was passed on November 26, 1949.
- It was enacted on January 26, 1950.
Literature Review:
There are research gaps on unresolved political issues, but many have been addressed by the Constitution. Political disputes can often be resolved through constitutional mechanisms.
"Constitutional Law" and "Political Organization" often appear interconnected in certain cases.
Anti-Corruption:
One of the biggest issues in modern politics is corruption. Politicians misuse their power, engaging in bribery, extortion, and more. The
Prevention of Corruption Act, 1988 was enacted to combat this.
Case Law:
National Herald Corruption Case / Dr. Subramaniam Swamy Case (2012): Dr. Swamy alleged that Sonia Gandhi and Rahul Gandhi committed fraud and seized land worth ₹16 billion.
There is a constitutional concept introduced to deal with such issues effectively.
Constitutionalism
This is an ideology which is beneficial for democracy, i.e., for the citizens. Our Constitution has given limitations for every action taken by the government. When the government misuses its power or becomes arbitrary in any situation, this ideology tries to prevent such arbitrariness. The government has power limitations. Judicial Review, Rule of Law, Separation of Power, etc., are the key terms of the doctrine of Constitutionalism.
- Keshavananda Bharati v. State of Kerala (1973): This landmark judgment introduced and accepted the term "Basic Structure Doctrine" of the Constitution of India.
- I.R. Coelho v. State of Tamil Nadu (2007): In this case, according to Article 31-B of the Constitution of India, the Apex Court stated that constitutionalism is a supreme legal principle which requires control over governmental power to ensure that the democratic principle on which government is formed cannot be destroyed.
The LGBTQ+ Rights
The LGBTQ+ rights are political and constitutional issues. Organizations have run rallies, lobbying efforts, social groups, street marches, etc. They are widely known under the banner of "The Pride." They created their own identity and symbol— the rainbow flag. Within this symbol, there are also variations representing asexual, homosexual, etc., identities.
As far as the Constitution is concerned, it has resolved many issues by granting rights to the LGBTQ+ community on the grounds of:
- Right to Equality (Article 14)
- Right to Life (Article 21)
- Right to Privacy
Case Law:
- Navtej Singh Johar v. Union of India: Section 377 of the Indian Penal Code was abrogated through this landmark judgment. Section 377 criminalized same-sex relationships or marriages. This judgment legalized same-sex relationships, and Section 377 is no longer part of the Bharatiya Nyaya Sanhita (BNS).
Kinds of Political Organization
- Political Coalition: Two or more political parties appearing together in Parliament, whether in the House of the People (Lok Sabha) or in State Legislatures. For example, in Maharashtra, the BJP and Shiv Sena.
- Political Parties: A group of people coming together with common ideology and views. Democracy is one of the crucial conditions for the formation of political parties. Each political party has its own agenda and goals.
- Parliamentary Group: A group consisting of members from different political parties.
- Technical Group: A mixed group composed of elected officials from various political parties of diverse ideologies.
This legal research examines how the Constitution plays an outstanding role in political issues. The objective is to help future generations understand how our Constitution was framed and how political organizations function. Constitutional and political rights of every citizen must be exercised responsibly, ensuring that others' rights are not infringed. The Constitutional law may be vast, but it is also fascinating. I would suggest every citizen—not just law or UPSC aspirants—read the Constitution of India to know about their country's foundational legal document.
Conclusion:
This Legal Research examine to discover about how the constitution plays its
outstanding role in the Political Issues. The object & experiment is that for
upcoming generation also get to know that how our constitution framed and the
Political Organization. And whereas, the Constitutional and Political right of
every citizen should be performed their rights and duties also taking care that
not to infringed others' rights.
The Constitutional Law is lengthiest but it's a
fun as well. I would suggest to read the Constitution of India not only law &
UPSC aspirant but also for each and every citizen should know about their own
country's constitution.
Comments