DailyPost 2514
HOW GOOD IS ANY CONSTITUTION?
There are no official ratings of the constitutions around the world, but it is a valid presumption that each country, mostly the democratic ones, try to incorporate the best in their constitutions. This is the legal regimen of the country and it is expected that it would be brought to reality functionally both in word and spirit. That everything is extensively brought out with clarity is manifested from the fact that India has the longest national constitution in the world. It has influences incorporated from leading constitutions of the world.
It makes it a one of its kind bible of democracy in operation, which was expected to take the country on a totally different trajectory of politics, governance and an elevating experience in nearly everything which the country did. Objective, empirical, talent /merit based with rule of law flourishing, and democratic institutions standing tall, we were positioned at the cusp of change, of a nature, never provided to in the long history of this country. It was deemed to be a long straight road to victory, victory and victory. Seven decades down the line, though it has remained the most talked document nearly every day, nobody goes into the nitty gritty of it and generally is referred to getting rights, privileges and using influence out of the democratically created positions.
Constitution has not talked about the practitioners, who would bring this magnum opus to life. Institutions, democratic personas, and checks and balances ingrained in the system would keep the country in the right direction was the fond hope. Unfortunately, our democratic practice has now taught us, that the constitution is as good as its practitioners. How good the practitioners have been is experienced by all of us, there is nothing left our imagination now. Legislatures becoming battlefields can be cited as one example. The law makers and political executive were to be the ambassadors of our constitution and henceforth the democratic change agents. What have they made of it?
Clear conscience and knowledge of law and governance was a given, as one feels going through the constitution. How many of those have read the constitution regularly and imbibed it in their thoughts, and brought forth in their functioning. At crossroads today, one would ask at times; do we lack impartial mindset completely? Is nobody expected to be fair and transparent? A constitutional bench can define or redefine correct constitutional position in a case or on an issue, it can barely define our de facto democratic practice, governance inclusive. How do we do away with super permanent political executive mindset? The checks and balances are made to hang in mid-air by the political appointees. Power at any cost and all power in a mercenary acquisition with constitutional camouflage is the name of the game.
A CONSTITUTION IS AS GOOD AS ITS PRACTITIONERS.
Sanjay Sahay
Have a nice evening.