DailyPost 2393
THE CONSTITUTION OF INDIA
The constitution of India, is its tryst with destiny; past, present and future. The functional blueprint of democratic India with futurism and safeguards duly inbuilt, to take care of the creation, growth and maturity of a democratic mechanism for the first time being put to experiment in this country. Only yesterday, we celebrated the birthday of Dr. B.R. Ambedkar, the architect of this functional magnum opus. The constituent assembly of India was elected to frame the constitution of India. It was founded on 9th Dec 1946 and was disbanded on 25th January 1950 after completing its task. It is important to understand and appreciate the multidimensional intellect, legal brain, research and documentation that went behind it.
All these happened for three years in full bonhomie and an academic, discussion and debating tradition, for which we as nation can be proud of for all times to come. Besides, the final document, the book of our lives in every dimension, the documented debates are equally prized possession. It has 389 members (Dec 1946 – June 1947) and 299 (August 1947-January 1950). These members added their acumen and expertise in the creation of the constitution of India. The three yearlong proceedings can itself be taken as lesson for parliamentary sessions. The focus, precision and delivery.
”We the people of India….adopt, enact and give to ourselves this constitution.” Was it ever presumed that this would happen through the intermediary called the political class, who would dictate what it actually means and can mean differently in different dispensations. The articles and its legal nuances have descended from the constituent assembly to the rugged practitioners of today. It would be worthwhile to do a research to find out objectively as to whether all* union legislatures till today have collectively been able to match* the total quantum of work done by the constituent assembly. It should be done both on the touchstone of quality and quantity.
In how many of our institutions is Constitution taught in a manner that it gets ingrained in us, at least founding thoughts, the main articles, its usability, interpretations and practice. How does the political class learn constitution and the art of practicing it, or is it happy in being adept in paying lip service to it. Checks and balances are democratic mindset issues rather than being chided by the other democratic pillar. In such predicament, they tend to create a deadlock and many at times a constitutional crisis. What is the interface of law makers with the constitution that they mostly come out in bad light given the constitutional backdrop. The executive riding roughshod and leaving it to the judiciary to set things right is now to exercise power. Now we have a constitution bench hearing cases on a regular basis, inclusive of resort drama politics enabled government formation. Attitude, knowledge and conviction are all required to make our constitution breathe life in each of our lives.
HAVE WE DILENATED THE SPIRIT OF OUR CONSITUTION FROM OUR DE FACTO FUNCTIONAL DEMOCRACY.
Sanjay Sahay