THE REVIEW OF CONSTITUTION OF INDIA
Need to review the Indian Constitution is very often discussed and debated. People and the politicians both seem to be dissatisfied with the way the political/social system is functioning. People have begun to ventilate their views regarding what has gone wrong, how the system of parliamentary democracy' charted half a century back by constitution makers needs reforms. There is no unanimity among the people regarding review of the constitution; nevertheless there is no dearth of ideas too.
In judging whether the constitution works or not one is required to see what are its aims and objects and whether the constitutional institution aids in the implementation or impedes the same. The aspirations of the people of India are reflected in the preamble of the Constitution, it may not be lost sight of the fact, at this point of time that the national aim reflected in the preambular pledge of the Constitution are the aspirations of the largest number of the world's poor and destitute, illiterate and shelter less humans and victims of infant and maternal mortality. In the backdrop of this slum indigents and semi-starved agrestics one must assess the achievements of the constitution and then come to the conclusion of review of the fundamental law of the land.
The preamble of the Constitution says that its objectives are to secure to all its citizens "Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity and to promote among them all: Fraternity assuring the dignity of individual and the unity and integrity of the nation".
The objectives specified in the preamble are the basic structure of our constitution and cannot be amended under Article 368 of the Constitution. Dialectical grasp of the country's social, economic and political fundamentals is the basic structure and the legal system is the super structure.
Mahatma Gandhi propagated the same objectives. He wanted to create a society that would ' wipe every tear from every eye' and poetically by Rabindranath Tagore in awakening the country into a heaven of freedom 'when the mind is without fear and head is held high'.
It is worth to note that the prosperity of the nation is not prescribed as one of the basic structures in the constitution. Nevertheless, it can be assumed, as none of the other objectives is achievable in a non-prosperous society. Prosperity is secondary and it will necessarily follow if the other objectives are achieved, but unfortunately today in the name of globalization for prosperity the basic objectives are sought to be relegated behind. World is suffering from globo-phobia. Prodigious corporations are the challenge of the new millennium, which for the masses means 'hellennium'. For the sake of prosperity, cart is sought to be placed ahead bulls forgetting that the essence of human happiness is distributive justice based on fair disbursement of common advantages and sharing of natural resources.
Need to review the Indian Constitution is very often discussed and debated. People and the politicians both seem to be dissatisfied with the way the political/social system is functioning. People have begun to ventilate their views regarding what has gone wrong, how the system of parliamentary democracy' charted half a century back by constitution makers needs reforms. There is no unanimity among the people regarding review of the constitution; nevertheless there is no dearth of ideas too.
In judging whether the constitution works or not one is required to see what are its aims and objects and whether the constitutional institution aids in the implementation or impedes the same. The aspirations of the people of India are reflected in the preamble of the Constitution, it may not be lost sight of the fact, at this point of time that the national aim reflected in the preambular pledge of the Constitution are the aspirations of the largest number of the world's poor and destitute, illiterate and shelter less humans and victims of infant and maternal mortality. In the backdrop of this slum indigents and semi-starved agrestics one must assess the achievements of the constitution and then come to the conclusion of review of the fundamental law of the land.
The preamble of the Constitution says that its objectives are to secure to all its citizens "Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity and to promote among them all: Fraternity assuring the dignity of individual and the unity and integrity of the nation".
The objectives specified in the preamble are the basic structure of our constitution and cannot be amended under Article 368 of the Constitution. Dialectical grasp of the country's social, economic and political fundamentals is the basic structure and the legal system is the super structure.
Mahatma Gandhi propagated the same objectives. He wanted to create a society that would ' wipe every tear from every eye' and poetically by Rabindranath Tagore in awakening the country into a heaven of freedom 'when the mind is without fear and head is held high'.
It is worth to note that the prosperity of the nation is not prescribed as one of the basic structures in the constitution. Nevertheless, it can be assumed, as none of the other objectives is achievable in a non-prosperous society. Prosperity is secondary and it will necessarily follow if the other objectives are achieved, but unfortunately today in the name of globalization for prosperity the basic objectives are sought to be relegated behind. World is suffering from globo-phobia. Prodigious corporations are the challenge of the new millennium, which for the masses means 'hellennium'. For the sake of prosperity, cart is sought to be placed ahead bulls forgetting that the essence of human happiness is distributive justice based on fair disbursement of common advantages and sharing of natural resources.
By,
Madhukar Rao,
Senior Advocate,
Supreme Court of India,
New Delhi-110001
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