100, that's the precise number of time we have amended our constitution. Ever since we adopted our constitution on 26th January 1950, significant changes have been made in our constitution, including the preamble. Our Constitution is the reflection of the collective spirit of the people of India. Changes in the constitution reflect the changing thoughts & mindset of people of India. Our 1st constitutional amendment was introduced in the year 1951, that too about our treasured fundamental right, article 19, freedom of speech. So just within 15 months of adoption of our constitution, it was amended & that too a fundamental right. I can certainly say that societal mindset doesn't change within a span of 15 months. So what was it that mandated this amendment?
Our present preamble reads out "....to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC.." The two words 'SOCIALIST' and 'SECULAR' were introduced in our preamble by the notorious 42nd amendment brought by Indira Gandhi government during emergency. Now anyone with even preliminary knowledge of our economy will realize that India is no longer a socialist nation. So is our constitution still living in the hangover of Nehruvian era? Or did Dr. Manmohan Singh violate our constitution when he presented his historic 1991 budget? Well, this proposition is laughable.
No constitution, howsoever better articulated, is immune from systemic faults within its specific provisions. And finally any system or any constitution is as good as persons operating it. A law is as good as people who interpret it or people who legislate it. The ongoing judicial appointments case has proved the fact that constitution can be interpreted even contrary to what it means in spirit. And a liberal constitution falling in wrong hands can constitutionally subvert democracy & can create dictatorship. Weimar constitution of Germany was considered one of the most finely drafted liberal constitution but using its liberal provisions Hitler could introduce dictatorship constitutionally. Forget Germany, emergency in 1975 also documents the fact that constitution can be easily misused. So finally it is the people of India who are the true guardians & upholders of the constitution. Liberty & Rights come with its own baggage & responsibilities.
No one can deny the fact that those who framed our constitution were people of great wisdom & foresight. And I don't use these adjectives very loosely. The fact that out of all fundamental rights only 1 fundamental right i.e. right to property has been repealed till date. Rest all of them have stood the test of time & strengthened our democracy. The directive principles of state policy have broadly laid down the governance agenda for the government of the day. But it is very sad to note that people entrusted to fulfill this agenda have only worked upon those which fit into their political calculations. Article 44 about common civil code has become victim of vote bank politics. Why can't a woman of a particular religion not get compensation in a case of divorce? Isn't that a violation of her fundamental rights? Hon. Supreme Court has time & again urged the government to enact law for establishing common civil code but then the moment you talk about common civil code it becomes a secular vs communal issue. It is very unfortunate that a sacred constitutional principle has become a vote bank issue.
I can discuss many such issues but I have highlighted only some aberrations in our constitution. But we can't deny the fact that we are a vibrant democracy in contrast to those nations who got independence along with us, this is in itself a big tribute to our constitution. The fact that courts in India still have the courage to strike down laws is a tribute to our constitution. The fact that now influential & powerful people in lutyens' Delhi were once ordinary citizens like you & me vindicates our constitution. It is my firm conviction that ultimately it is not the constitution but we, the people of India who will decide our future & our destiny. Rights guaranteed by the constitution cease to function the moment we take it for granted. No constitution in my opinion can be so great that we can take our destiny & our future for granted. And no constitution is so ill framed that we can't defend our rights.
I have written all this not to discuss or critique our constitution. I am not a lawyer or some constitutional expert. But I have written all this in my capacity as, an ordinary Indian, a qualification more than required to comment on our constitution. It is we, the people of India, who will decide whether we want a glorious future or sit back & abuse our constitution & our laws.
Decision is ours!!
Our present preamble reads out "....to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC.." The two words 'SOCIALIST' and 'SECULAR' were introduced in our preamble by the notorious 42nd amendment brought by Indira Gandhi government during emergency. Now anyone with even preliminary knowledge of our economy will realize that India is no longer a socialist nation. So is our constitution still living in the hangover of Nehruvian era? Or did Dr. Manmohan Singh violate our constitution when he presented his historic 1991 budget? Well, this proposition is laughable.
No constitution, howsoever better articulated, is immune from systemic faults within its specific provisions. And finally any system or any constitution is as good as persons operating it. A law is as good as people who interpret it or people who legislate it. The ongoing judicial appointments case has proved the fact that constitution can be interpreted even contrary to what it means in spirit. And a liberal constitution falling in wrong hands can constitutionally subvert democracy & can create dictatorship. Weimar constitution of Germany was considered one of the most finely drafted liberal constitution but using its liberal provisions Hitler could introduce dictatorship constitutionally. Forget Germany, emergency in 1975 also documents the fact that constitution can be easily misused. So finally it is the people of India who are the true guardians & upholders of the constitution. Liberty & Rights come with its own baggage & responsibilities.
No one can deny the fact that those who framed our constitution were people of great wisdom & foresight. And I don't use these adjectives very loosely. The fact that out of all fundamental rights only 1 fundamental right i.e. right to property has been repealed till date. Rest all of them have stood the test of time & strengthened our democracy. The directive principles of state policy have broadly laid down the governance agenda for the government of the day. But it is very sad to note that people entrusted to fulfill this agenda have only worked upon those which fit into their political calculations. Article 44 about common civil code has become victim of vote bank politics. Why can't a woman of a particular religion not get compensation in a case of divorce? Isn't that a violation of her fundamental rights? Hon. Supreme Court has time & again urged the government to enact law for establishing common civil code but then the moment you talk about common civil code it becomes a secular vs communal issue. It is very unfortunate that a sacred constitutional principle has become a vote bank issue.
I can discuss many such issues but I have highlighted only some aberrations in our constitution. But we can't deny the fact that we are a vibrant democracy in contrast to those nations who got independence along with us, this is in itself a big tribute to our constitution. The fact that courts in India still have the courage to strike down laws is a tribute to our constitution. The fact that now influential & powerful people in lutyens' Delhi were once ordinary citizens like you & me vindicates our constitution. It is my firm conviction that ultimately it is not the constitution but we, the people of India who will decide our future & our destiny. Rights guaranteed by the constitution cease to function the moment we take it for granted. No constitution in my opinion can be so great that we can take our destiny & our future for granted. And no constitution is so ill framed that we can't defend our rights.
I have written all this not to discuss or critique our constitution. I am not a lawyer or some constitutional expert. But I have written all this in my capacity as, an ordinary Indian, a qualification more than required to comment on our constitution. It is we, the people of India, who will decide whether we want a glorious future or sit back & abuse our constitution & our laws.
Decision is ours!!
