Mumbai-based advocates say: 'It is for us citizens to keep Constitution alive’

The day November 26 has become significant in the memory of Mumbaikars as the day of the 2611 terror attacks The date however also marks the day in 1949 when the writers of the Indian Constitution completed drafting the supreme law of the land The Constitution came into force on January 26 1950Over the years when legislation and the executive failed to provide recourse to the common man the judiciary and judicial activism brought the spirit of the law to life However as we mark the 74th anniversary of Constitution Day on Sunday constitutional experts believe that the Constitution today faces new challenges that need citizensrsquo will as well as their participation to be overcomeKeeping Constitution aliveldquoWe are fortunate to have an allencompassing Constitution but it needs to be kept alive and dynamic through the active participation of citizens and the system The Constitution has evolved to keep pace with the changing needs and demands of the country However we as citizens must also realise that the government enforcing agencies and the judicial system alone cannot keep it aliverdquo said advocate Floyd Gracias a Supreme Court counsel and expert on the ConstitutionldquoThe Constitutional Ideals sum up our rights and duties in justice liberty equality and fraternity There are two parts to thismdashfundamental rights and fundamental duties While every citizen has fundamental rights they must enjoy the freedoms with due respect to their enjoyment by all citizens Sustainable growth and development is the need of the hour whereby we ensure that we leave enough resources for future generationsrdquo Floyd saidldquoPollution is a social issue where citizens can be responsible towards the environment ensuring that it is not degraded Considering that the Preamble to our Constitution starts with the words lsquoWe the people of Indiarsquo citizens must collectively address social issues thereby bringing the Constitution aliverdquo Floyd saidFloyd points out that another area of concern is justice ldquoIt may be easy to say lsquojustice delayed is justice deniedrsquo A good question to ask ourselves is lsquoare we the cause of the delayrsquo A simple way forward is Alternate Dispute Resolution which can reduce litigation in courts resolve matters quickly and costeffectively through arbitration conciliation or mediationrdquo said FloydldquoFundamental duties Article 51A lays down citizensrsquo duties in daytoday life which can help the nation grow As a democracy it is peoplersquos collective will that can keep the ideals of justice liberty equality and fraternity relevant Only through active participation can India be the nation our Constitutionrsquos makers envisaged it to berdquo Floyd saidFuture uncertainAdvocate Rajeshwar Panchal who practises constitutional and administrative law presented a different set of challenges ldquoThe Constitution is a living document whose strength lies in the constitutional machinery However in the past few years the independence of the machinery has been under a cloud They appear to be controlled by the executive Even the judiciary once considered the most powerful is having weak days Investigating machinery is allegedly being used to target dissenting voicesPrivatisation has eroded opportunities for public service and guarantee of reservation To be precise one political party having a majority in the Parliament has challenged the Constitution The common man is clueless and the future is uncertain It is strange and surprising that people are ignorant of their responsibilities to preserve and cherish the Constitution when they are also the most affected This lack of responsibility has encouraged the executive to weaken the ConstitutionrdquoRediscovering societyFor Advocate Dhanpal Jain the Preamble has the power to help the society rediscover itself ldquoThe Preamble has become part of a social movement that is rediscovering democratic values in society Worried about divisive politics youth lawyers and politicians are recognising that the Preamblersquos message is more relevant than ever before lsquoWe the People of Indiarsquo must consciously reject corruption violence and crime against women and pollution and develop a caring attitude towards the environment On Constitution Day itrsquos time to integrate our fundamental rights with our dutiesrdquo said Advocate Dhanpal JainAdvocate Shreeprasad Parab a constitutional expert said ldquoThe Constitution binds the people of India into one whole It is the supreme law of the land which created the legislature which in turn makes other laws that must abide by the Consitution With the growth of the nation amid philosophical and cultural advancement the Constitution must grow too Its interpretation must adapt to changed circumstances and to the needs of the time and polityrdquoNov 26Day in 1949 draft of the Constitution was ready