Archive for November, 2010|Monthly archive page

NEED A NEW CONSTITUTION (Indian constitution is obsolete)

Something that conditions us to look forward not backward

Sixty years of Indian constitution has hardly helped India to progress politically, economically, socially, diplomatically. In fact the constitution failed us betraying the trust we reposed in it. Authors of the constitution drafted as though it was meant to be for a decade. They totally lacked long sight and failed to understand Indian psyche. Utopian India i.e., from Khyber Pass to Kanyakumari never existed as a single strong entity before Christ or after. A constitution that needs two amendments in three years cannot be called perfect, not even good .Each amendment exposes loopholes.

Japan after WW-II, Honk Kong, Singapore and Taiwan started from scratch and developed to economic powers .These countries began economic growth around 1947 and have become enviable. These countries never compromised on freedom. China also grew but with total compromise on individual liberty. Given India`s resources including man power our country should have become a super power but our constitution failed us.

American constitution needed just 27 amendments during 200yrs, amending US constitution needs a laborious process of 2/3rds of legislators proposing it in the first place and every state having a veto to negate the amendment. British constitution needs nearly a “plebiscite” for amendment.

Indian constitution needed 95 amendments during 60 yrs. Indian constitution can be amended by an ordinance promulgated by a toothless president in the middle of the night. Indian constitution contradicts Indian constitution. While freedom of speech is guaranteed an “EMERGENCY “declared as per constitution restricted all types of freedom.

Constitution created three independent institutions (1) Legislatures , (2) Judiciary and (3) Executive

LEGISLATURES – Criminals, cheats, money launderers, Illiterates fill them. Unaccounted money is spent to get elected. A few crimes and a lot of unearned money is a prequalification to get elected. To represent people one has to be very rich and an unconvinced criminal. Un convicted criminal is one who buys bail. MLAs and MPs are ordered through a whip to elect a misfit as a leader. Legislatures failed us.

JUDICIARY – Absolutely independent, so independent that no two judges think alike. Judges read news papers watch private TV channels and always have a pre formed opinion on legislative and constitutional issues. Objective perfect judgments are disturbed by constitutional amendments which change the meaning of any law or even constitution. Don’t say “justice delayed is justice denied”. Lawyers successfully countered “justice hurried is justice buried”. Anomaly is common, so common that lack of anomaly is perverted justice. So there are under trials in prison for periods longer than the maximum prison term for the offence they are charged with .On bail freely moving around and running for elections are those accused of murder and they die a natural death holding a constitutional post like chief minister or cabinet minister. Goddess of Justice is literally blindfolded. A court can “stay” the operation of an executive or a legislature if the order/operation infringes on the FUNDAMENTAL rights of a citizen like right to life right to free faith et al .A litigation mongering “citizen “can claim in the court that heavily “breathing “and “snoring” by his /her spouse leaving excessive carbon dioxide is a threat to his/her life and the judge is ready to “stay the breathing” until further orders. Judiciary failed us .Election petitions questioning the validity or legality of legislators of dubious morals are decided by courts after the term of legislators is over rendering court decisions in fructuous

EXECUTIVE – Runs offices. CORRUPTION is so rampant that none believes that honest civil servants exist (unfortunately for them a few do exist). “A rule is a rule “is the rule of the executive .There is two other rules, rule #1 senior is always right and rule #2 if the senior is wrong, rule no 1 applies.

Executive is proudly described as “stone hearted”. From the day of Independence to this day central and state secretariats made orders for guidance. These government orders abbreviated as GOs are thrown to public like pamphlets. Not a single GO clears any issue. It confuses often. So often that hundreds of GOs are challenged in courts for violating the constitution and courts more often “RESERVE THE JUDGMENTS” with the result CONSTITUTIONAL PROVISIONS are “STAYED” for decades. And to circumvent this anomaly constitution is amended again .An honest election commissioner who does not toe the line of ruling elite is negated by another amendment to constitution facilitating two more election commissioners. Legislatures, judiciary and executive meant to coordinate with each other contradict each other and “Rule of law “becomes “rule of lawyers”. Lawyers maintain a panel of bail givers and bail givers earn a lot for nothing.

INDIA IS THE MOST POPULOUS DEMOCRACY – Indian population is an asset but the constitutional provisions made it a liability. ”CASTE” undid all the fruits of freedom. With the pious hope of removing deep rooted caste system and to bring forward people of those castes considered “low and menial” constitution “reserved“ seats in legislatures, university admissions and government jobs all for a limited period. This limited period became unlimited once influential politicians and senior civil servants found this as a short cut to name, fame and power. So the caste system is perpetuated and facilities of castes demanded eternally .Because reservations once given can’t be taken back each caste drafted a secret agenda of boosting their number. “NATIONAL FAMILY PLANING (WELFARE) PROGRAMME “miserably failed to limit population growth. Any poverty eradication program just failed.

Bureaucracy going by rules failed to understand this, suggested more and more money to be spent by state for “incentivizes” to those who limit their families. Workers of all categories including Class 1 officers were paid money for limiting their families. Next step may be that those who remain unmarried, those who take a vow of celibacy and sterile couple may be paid lump sum for their national service.

India is the only country in the whole world where it is a PRIVILEGE to be officially declared BACKWARD. This situation i.e., everyone opting (choosing) to be very backward is mental makeup of Indians. It is no different from being the British subjects. So we need a new conditioning process. ONLY A NEW CONSTITUTION CAN ACHIEVE IT.