This article has been written by Vivek Dwivedi, a first year student of B. A. LL. B. at Banaras Hindu University, Varanasi

After more than two centuries of British rule in India, on 15th August 1947  “we the people of India” got independence and on the glamorous day of 26th January 1950 we transformed “India” to “The Republic of India ” , i.e. the day when the great Indian Constitution was applied all over India and brought a historical change in our identity of being ruled in our own nation to be ruler of our nation. 

Today we claim ourselves to be a free nation because we have the soverignity over 3.287 million square km large territory and hold the final decision making power in that. All these power and pride of having power comes from our constitution and it is the ultimate source of our freedom and dignity that we hold. We as a second most populated country and fifty largest economy claim ourselves to be free, what are the basis on which we dignify ourselves to be free or what are the criteria after fulfiling which one is detered as being free or bound? 

There are three basis authorities that if held by someone in his or her own cause then he or she may be deemed to be a free individual:

1. “Freedom from”

2. “Freedom to do”

3. “Freedom to be”

If we talk of “freedom from”, it is that freedom which one holds from constraints and arbitrary restrictions of society whose dispersal is in the sole authority of individuals to do them or not. Society and an authoritative state hood people back from doing the legitimate things of there will by inducing unreasonable contraints, e.g. the women should not remain outdoors at night, a muslim women should be allowed to remmary her previous husband only after halala procedure, womens are those vulnerable  class society whose freedom is many a times are infringed also then comes the case of socially backward class who are infringed of there rights of freedom, etc. and there are many more examples too. 

Our constitution takes the care very well that no one is restricted of doing anything that is legitimate and which is the character of a common or prudent man. Our constitution guarantees us with freedom from exploitation (art. 24), it regards the untoachabiliy as an offence(art. 17) it give to all its citizen a freedom to worship any religion and manage them too, many are the povision which our constitution makers have given to us to live a free and dignified life. 

Secondly the freedom should be of “freedom to do”, which means the freedom to do what we want in our own legitimate way. When freedom to do anything which is legitimate in the purview of natural justice is infringed by the state then the state is guilty of it and should be sorry for that. One always hold an absolute right to do anything which natural justice enmpowers us and is the act of common and proludent man. 

Having a great contitution as of ours is a matter of great pride which gives us right to question the state too if it interferes with his or her enjoyment of rights and freedoms. In article 19 of our contitution we find that our constitution fullfils every freedom to do what is regarded as the characteristic of a civilized state like :

Freedom of speech and expression (19(1)), assembly (19(2)), association(19(3)), movement(19(4)), residence(19(5)), profession(19(6)). 

The third testimony for being free is that one is having a “freedom to be”, which means that neither the state nor any private person or group interfere in his or her consistemt working for fullfilment of goals he desires to achieve. Sometimes a state without directly imposing restriction on doing a thing, discourages by imposing hurdles for working of those whom it is envious of. One enjoys the right against such unreasonable interference. 

In this third testimony too our constitution holds the first position by secureing all it’s citizens rights to do things in any manner which is empowered by law and no public or private figure can interupt his working and he or she can achieve what he or she desire to be or to do. Constitution of India securing all its citizens right to enjoyment of either tangible property like land  or intangible property like that of his thoughts and creations is an example. 

The reason that a very poor country with high iliteracy and facing prolonged draught in many ares, survived is that it had a great constitution which was not majority oriented and was of approach of inclusiveness of all where everyone is free from injustice and tragedy. 

Our Constitution can be regarded as best in its category because it resolve all the problems of contemporary India and make India a liberal democracy. 

This 70 year old book has many of the best principles like right to constitutional remedy, right to equality and that to of freedom makes it capable of ensuring overall development of every person of society in the journey of time. 

By imposing fundament duties on its citizens, our constitution works and makes us a graet and socialoze nation. With separation of power, right against implementation of ex post facto law20(1)), double jeopardy (20(2)) and right against self incrimination(20(3)), makes us feel that we are not subjugate to anyone or any authoritative power. If we compare pre and post independence era we find that the political environment in which we are living today was unimaginable to someone living in British India where there was no right to question the administrator, we were not soverign in our own land and not even free to practice our customs. Now under the umberalla of all those rights confered on us by our constitution, we can say that the Constitution of India is the beggest sign of a free India. 

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