Consistent non-compliance of the basic objectives of the Constitution in terms of fundamental rights Part III and socioeconomic rights Part IV by our governing guardians (Legislature and Executive). These objectives are;
Instead, large populace of our country is pushed to economic slavery and the governments fulfil this basic incumbency through unscrupulous charities and dole-outs by way of;
- Mid-day meals to the poor school going children.
- MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act) giving temporary employment to the rural unemployed youth.
- Loan waivers to poor farmers.
- Food security in terms of food subsidy to poor families.
- Quotas and reservations in education and employment to poor children and youth and so on.
- Yet demands for reservations and quotas are ever rising and never ending with regular strikes and demonstrations in most parts of the country.
Equal status and opportunity
Regular charities and dole-outs have widened the gap between the poor and the rich. This discrimination is non-compliance of 'equal status and opportunity', a basic incumbency of the governing guardians. Instead, the gap between the rich and the poor is widening voraciously.
Liberty and Dignity
Charities and dole-outs demean the self-esteem of a person in terms of 'Liberty and Dignity' and is tantamount to economic slavery.
The above discriminations and issues of frequent religious conflicts are disintegrating the nation.
The above is also a defiance of the promises made by our founding fathers while struggling for freedom. It is tantamount to treachery with the people of India by our own governing guardians.
Gross Failures of the Governing Guardians (Legislators and Executives)
It is a matter of concern that the above dilapidation of the nation is happening when,
- The Legislature is bestowed upon with enormous powers to function as Constituent Assembly also to make or amend the Laws and Acts to accomplish the basic objectives of the Constitution. Article 37 of Directive Principles of State Policy, Part IV of the Constitution directs the Legislature to make laws and the Executive to execute these Laws for fulfilling these objectives.
- The Legislature is also bestowed upon with the prerogative to making their own Acts under RP Act to contest elections. And they have been holding elections after elections as per their own wishes for fulfilling the basic incumbencies of the Constitution.
Despite having bestowed upon the Legislature and the Executive all the powers to run the nation, the governing guardians have fumbled gravely and consistently. The country now must bear the brunt of enormous illiteracy and poverty of its large populace. Under these conditions, the multitudes of India's population are compelled to suffer from insurmountable miseries and woes of lives despite government unscrupulous charities and dole-outs. This is how the country is pushed to shambles.
Defiance of the basic objectives has negated the purpose of our struggle for freedom. Today also the same forgotten creature, the Indian peasant and the poor & illiterate rural masses, stand in the same predicaments where they stood 70 years ago, shivering and tottering and compelled to commit suicide. It is treachery with the people of India by our own guardians.
It is a universal truth that the Constitution of a country is above the Parliament and Judiciary is its custodian, with powers of, to oversee that it is being practised in its true letter and spirit by the Legislature and the Executive This is also corroborated in the Kesavananda Bharati vs State of Kerala judgment dated 24 April 1973, as briefly described in the book.
It is a logical necessity to oversee the working of the Legislature and the Executive. Absence of checks and balances or any kind of deterrence against their incongruous, irrational or despotic acts and omissions may push the country to economic slavery and people to utter sufferings and woes.
THE INDIAN CONSTITUTION AND THE ROLE OF JUDICIARY
The Judiciary interprets the Constitution as its final arbiter. It is its duty as mandated by the Constitution, to be its watchdog, by calling for scrutiny any act of the legislature or the executive, who otherwise, are free to enact or implement these, from overstepping bounds set for them by the Constitution. It acts like a guardian in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. It also balances the conflicting exercise of power between the centre and a state or among states, as assigned to them by the Constitution.
While pronouncing decisions under its constitutional mandate, it is expected to remain unaffected by pulls and pressures exerted by other branches of the state, citizens or interest groups. It is time for the learned Judiciary to save the nation.