Saturday, February 20, 2016

Constitution day celebration - 3

Continues from the last posing
Our constitution's measure defect as per my reading is that it continues to hold citizens responsible for every wrong that happens in this country. For example, provisions in our constitution which Indira Gandhi used to proclaim emergency were in our constitution. She declared emergency as per those provisions and we have seen how things turned against the people. Their life had become miserable due to it and for that I blame our constitution. This document presumes that all politicians, bureaucrats and judges are honest and only people are always wrong! Had it had provisions to look into what wrong these three pillars of our government were doing; that emergency would not have been proclaimed. Today I see BJP minister blames Indira Gandhi for declaration of that emergency but never bothered to see that it was wrong provisions in the document that made it possible and so it is our wrongly written constitution that we have to hold responsible for whatever wrong these three pillars are doing to our country. There should be provisions for declaration of emergency against bureaucrats, politician to keep them from indulging and misusing their powers. Our police is a special case for study as it makes a different type of a (corrupt) bureaucratic system. In many cases police behave like a pseudo-judiciary. In many cases an ordinary police constable is more than a SC judge and that is right on the road. Many citizens will agree to this my point as they may have experienced how at times police behave with them using their ultra special powers. I very much feel that the police department should be a responsibility of judiciary and not the state government. Constitution should discuss in details about how to manage different types of nexuses amongst vested interests of different types with these three pillars and how to save innocent citizens from getting exploited by such nexuses. They say our Indian law is a donkey; that means, those who make these laws are also donkeys! We want reason-ability in our laws and for that we should get them made by persons who have that sense of responsibility. Our laws are prepared with many loose ends deliberately kept so that the law can be twisted to interpret in the style and manner vested interest can be saved. That should not be possible. We should also note that the justice propounded by our constitution is not absolute but only relative to available evidence, proof and witness. By twisting these three, one can manipulate and twist the ruling also. Recent Salman case is an example in point. I suggest that in new constitution this limitation should be clearly mentioned; which present constitution does not do.

I want to conclude this long running post by saying that all the people from these three pillars namely, politicians, bureaucrats and judges will always praise this wrongly written document as it is helpful to them and we as citizens of this country should always condemn this document as a curse to our democracy and always denounce it. I would also suggest that we as citizens of this country should not fall pray to the praise made by people from these three pillars of our present constitution and accept that is an ideal constitution. It may be ideal for them but not for citizens. It must be modified to include the changes I have recommended. A public debate may be undertaken to enlighten people about how our present constitution is not good for them, the citizens of India.

End of topic

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