Time For A NEW I-Constitution….
We the people of India give to
ourselves this constitution….so starts the Indian constitution to which all of
us right thinking citizens of India give our allegiance to. Did we really give
it to ourselves and do we really appreciate or even deserve what we got…this
and other questions about the Indian constitution, Our Constitution, was inspired in me by reading a recent news report
where the Punjab Chief minister Mr.Badal has said its time for a new
constitution for India. Yes, I seem to hear a million voices all over India
shouting in unison. We do need a new constitution to fit in with the times.
Look how man upgrades an average piece of software undergoes in its lifecycle
and we have been having this same constitution since independence…with just
minor tweaks here and there. So we should think over what’s wrong with the
current one before we could suggest how to improve it. Here goes, my version of
certain landmark constitutional events….
1) The
first major error was in electing to the constitution panel, people who
submitted their inputs to the Indian constitution and then migrated to Pakistan
with independence – almost 1/3rd of the committee. I mean how can
you take their recommendations seriously, when they were even undecided about their
allegiance to the country. I guess they were laughing up their sleeves the
whole time they were offering suggestions on how the Indian constitution should
look like, after all they were not going to live in a country with the rules
they wrote.
2) The
next point was in not allowing Dr.Ambedkar, the constitution drafting committee
chairman a free hand. From whatever I have read of him, Dr. Ambedkar was a
modernist and a pragmatist….he was in tune with the times and had forward
thinking (come on, anyone who wears a bright blue suit for all public
appearances had to be with the times..) but he was seriously handicapped by all
the status quo traditionalists of the committee who forced on him a
conservative constitution which was destined for obsolence soon.
3) The
emergency provisions: The hero in many books says to the arch villain during a
particularly violent scene- I will tear
you a new as****le….similarly the constitution was torn a new as****le
by Madame Chop-Chop in the emergency era. Madame Chop-chop aka former Prime Minister
Indira Gandhi tried to take on everyone at the same time, relying on the power
of her brute majority in parliament. She trashed the constitution, wrote
graffiti in the Preamble, where she added words like Socialist, Secular etc
without really reflecting on how she was tearing apart the whole fabric of the
constitution. The moth eaten preamble was left as it is by the courts even
after she was trounced in the elections, as the courts found new justifications
for the words in a exhibition of self-delusion. The Hon’ble Judges of the
Supreme court said that the word Socialism meant only Gandhian Socialism- the
despotic rule of the Panchayati Raj rather than Marxist socialism, the rule of
the party. The only other country with Gandhian socialism or despotism of the
village masses was Cambodia during the Pol Pot era and everyone knows how
successful that experiment was.
4) Indira
Gandhi also introduced the concept of
fundamental duties in the constitution which sorry to say are the most hilarious
crap ever written, so much so that I always take care to sit down before I read
them for fear of falling down with laughter. Anyone who is ever in a depressed
mood and need cheering up should read it too.
5) The
Indira Gandhi attacks on the constitution gave the courts licence to meddle and
they took it too far in the name f public interest and started poking their
noses into everything. The pendulum swung to the other extreme in judicial
interpretation of the constitution with the judges imposing their own quirky
views on what the constitution really says. For some time, it was free for all.
6) Then
came the turn around- the Rajiv era..when former Prime Minister Rajiv Gandhi
restored the balance by two ways, firstly by proving with a brute majority that
you can do anything democratically and constitutionally and secondly by showing
the crusading judges where they got off. He did this most famously in the Shah
Bano case by telling the judges’- to keep off the personal lives of law abiding
citizens and stick to hanging the wrong-doers -take that your honours.
7) Finally,
came all those effete Prime Ministers, who followed him, IK Gujral, Deve Gowda,
VP Singh and Manmohan Singh, who could not even pass normal amendments let
alone constitutionally important ones. For example, the women’s reservation
bill is still hanging in the balance without any resolution and so is the
Lokpal bill and all others.
So that’s the
story of the assault and battery on the constitution till now and now the
politicians want to further lay hands on it to suit their conveniences. Now I wonder
how a constitution drafted by a committee comprising of people like Digvijay
Singh, Laloo Prasad, Sharad Pawar and P.Chidambaram would look like? Can you
imagine what we will end up having? A constitutional monarchy with Sonia as
Queen Mother and Rahul as Prince Regent? I wouldn’t be surprised…