India's Constitution

Pledges by our Founding Fathers
That it would be the responsibility of free India, with a Constitution based on democratic traditions, to bring about a just social and economic order, to remove poverty and ignorance and generally to better a lot of the common man.

The pledges of the struggle for freedom, however, remain completely unfulfilled after 68 years of our independence, so also the sacrifices of our founding fathers futile and treacherous.

The Author begs to leave to address the very same issues over which our founding fathers fought a long-drawn-out battle with British imperialism to give our people a free nation.

Individual freedom is meaningless unless the people are also free from their perennial wants and uncertainties of life in terms of livelihood, shelter, education and basic necessaries of life. In the present scenario" dignity" for the perennially impoverished people has become an oxymoron.

The government must create means and avenues (opportunities) to fulfil these requirements for "Self Determination" and "Self-Empowerment" of the people to earn their living in a "natural and dignified way". Such that they are not dependent on reliefs and dole-outs.

  • "Nation" and the "People" are always paramount, no matter under what law they are being referred to.
  • In the guise of RP, Act Legislature cannot push the country to tatters and people to utter poverty, illiteracy and backwardness.
  • Any Law or Act that demeans the "Nation" or the "People" in any manner what-so-ever is a criminal act and therefore ultra vires.

Some Interpretations related to Humanity

Self Determination or Self-Empowerment:
The conditions and opportunities of the nation must be such that a person is able to sustain himself and his family on his own without government charities - in terms of reliefs and hand-outs.

Law of Humanity:
I consider "humanity" as love for the fellow beings and a feel for their maladies and sufferings. As good fellow beings, we must always endeavour to do whatever good we can, to mitigate their sufferings and provide them solace.

"Nation" and the "Law of Humanity" stand above all other considerations and cannot be compromised in any manner whatsoever even under clandestinity of the RP Act! Universal Declaration of Human Rights (UDHR)** also propounds for similar philosophy.

**Universal Declaration of Human Rights (UDHR)

Whereas it is essential if a man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.
Example: The civil wars in Syria. Libya and other nations as discussed in Chapter 3, 'India in Shambles.'

Basic Law: Principally "basic law" means Constitution. l have used this term to represent the inalienable "fundamental rights" of the people in terms of Part lll and "economic and social rights" in terms of Part lV - (Directive Principles of State Policy (DPSP)) of the Constitution.

Our Failures & Constitutional Remedies


'Nation and the law of Humanity' see no bounds

Reliefs and dole-outs
Persistent dole-outs (mid-day meals, MGNREGA, food subsidy, farmers' loan waivers), quotas and reservations have pushed India to invincible economic regression. They are human rights violations and abuse of Part III and IV of the Constitution. They cannot be long-term solutions. They also tantamount to destroying our resources. Revenues earned by the government are consumed on dole-outs without development, besides causing budget deficits, rising debts and inflation; the brunt of which must be borne by the already suppressed common man. It has resulted in serious India's Economic Failures.

A Nation in Debt
India's internal debts as on 31/3/2015 stood at Rs 60.84 lac cr and external debts at US$ billion 461.9, @ Rs 63.86 to a $ it works out to about Rs 29.5 lac cr totalling to Rs 90.34 lac cr (Table 2.3 (I) (p. 34) 'India in Shambles'). Adding the debts of states at Rs 27.3 lac cr, the total debts work out to over Rs 117.64lac cr by 2015. Considering a population of 128 cr by 2015(Table 2.1 (p. 32)), the debt burden comes out to a frightening Rs 92,000 per head (117.64 lac cr /128 cr). This is nearly double of what it was in 2009! These debts are rising unbounded due to scanty development.

Higher GDP but regressive economy
The GDP is a reflection of the economic health of a nation. However, when a nation is afflicted with predicaments like perennial financial deficits, high inflation, unabated and wasteful expenses over means as noted above, huge disparities between the rich and the poor, then the GDP may not reflect the true picture of the economy. In such cases, the larger share of the revenue may go to the affluent and only a little trickle the rest. The GDP in our case, therefore, represents only an exclusive growth for the affluent 14% and not the other side of the coin representing 86% of our impoverished. The plight of the impoverished and famished therefore barely improves.

Inference
Doles impede the economy. Higher the doles lesser is the growth and a slackening economy. Doles and reliefs also cause large scale pilferages and swindling of government funds meant for the poor and generate black money.

The above is a proof of consistent regression of the country.

Dr Ambedkar on Reservations
He was against reservations. He agreed to reservations only to depressed classes classified as scheduled castes and scheduled tribes, being the most depressed ones, only for ten years. after promulgation of the Indian Constitution - Prof. P.D. Sharma, former chairman of the political science department of Kurukshetra University. [Source]

Corollary
Reservations have played a saviour only for our political class rather than uplifting the depressed classes. With a dismal development and lack of job opportunities; demands for additional reservations are rising! Like Gurjar riots in Rajasthan in 2008. Similarly, Patels of Gujarat agitated in 2015 demanding for OBC status. Yet again in 2016 Jats of Haryana protested for quotas under OBC category.

Sordid Outburst
While adjudicating a petition against Mr Hardik Patel, Justice Mr J B Pardiwala of Gujarat High Court, said that 'quota system' in India is playing a retardant in the progress of the nation (December 2015). The verdict was construed as derogatory by the political class and they demanded the impeachment of justice Mr Pardiwala. Under pressure, Justice Mr Pardiwala had to expunge his remarks from his judgment!

A DEROGATORY EPISODE
This episode is a blemish on our free democracy and undermines the Judiciary. It demonstrates blatant malevolence of our governing guardians, while the inalienable and fundamental incumbencies of the Legislators in terms of Part III & IV of the Constitution remain grossly abused and unfulfilled after 68 years of our independence.

The role of the Judiciary is extremely vital in such matters to enforce the basic law of the Constitution

Depleting Environment Due to Violation of the Constitution

An Illustration

Authorisation of Illegal Colonies

  • Rural areas that remain perennially underdeveloped compel rural folks to resort to distress migration to urban areas in search of a living, similar to during medieval era when people shall move to near water and green meadows! They make urban areas their temporary habitations which with time are authorised by the malevolent governments and the Judiciary also permits the governments to do this illegal act. In other words, the Legislature is left scot free by the learned Judiciary for their consistent utter failures for creating means and avenues in the rural parts of the country for the earning of the rural poor at their native places!
  • Those illegal colonies are illegal because they were permitted for a temporary period until natural conditions were created by the states at the native places of the migrants to one day go back to their homes.

The above results in traffic congestion, crammed markets, excessive emission of toxic (greenhouse gases) and a dangerously depleting environment.

While the Legislature builds up their vote bank by such grossly illegal act, the urban people must bear the brunt of congestion, clogging of traffic and dangerously depleting environment, municipal and civic services.

Those who obey the law are bewildered. Flouting the law is a boon in India under inappropriate and unscrupulous governments.

CONSTITUTIONAL REMEDIES

Constitutional Article 13
Laws inconsistent with or in derogation of the fundamental rights:

  • All laws in force so far as they are inconsistent with the provision of this part shall be void.
  • The State shall not make any law which takes away the rights conferred by this Part and any law made in contravention of this clause shall be void.

Constitutional Article 32

Remedies for enforcement of rights:

  • The Supreme Court shall have the power to issue directions or orders for the enforcement of any of the rights. Constitution of a country is a gospel document and binds the Legislature and the Executive to establish the basic Human Rights of the people in terms of their 'liberty and dignity'.

Accordingly,

  • The basic function of the Judiciary is to protect the rights of the people and all its actions must be directed to further this responsibility. -K.G. Balakrishnan, Former Chief Justice of India.
  • The Judiciary also admits that they are the "watchdog" of the governments to check on such regressive practices that violate Part III and IV of the Constitution.

"Judicial powers also include the power to take corrective action whenever other government branches fail in their duty to respect the rights of the citizens and protect them." K.G. Balakrishnan, CJI (Clipping 2).

These provisions direct the State (Governments) to secure a social order for the promotion of the welfare of the people.

JUDICIARY IS THE CONSTITUTIONAL GUARDIAN ANGEL OF THE SUFFERING PEOPLE.

People of India have full faith in it.

I am sure the Judiciary shall rise to rescue us from the present shambles.