Threat to Democracy & Constitutionalism

Our Indian Democracy is the world’s largest Democracy. Our Constitution is the World’s Best Constitution which have included the Sprite of True Democracy & Supremacy of Constitution.

Our Constitution has very clearly divided The Power among Different organs. Legislative Power under Parliament, Judicial & Constitutional Interpretative Power under Supreme Court, Executive Power to Govt. (Govern by Council of Ministers).

Our democracy is running in accordance with the Sprite of Constitution, which is a Mile Stone in World regarding Democracy. Because, We have one of the Best Constitution.

1st  Constitutional Amendment Act – Regarding Reservation of SC/ST. In Sankari Prasad Case 1952, This Constitutional Amendment Act was challenged in Supreme Court on the Basis of Article 13 (No New Law shall Violate the Fundamental Rights). Supreme Court said – Article 13 is for Ordinary Laws while 1st  Constitutional Amendment Act is an Constitutional law & Article 368 permits the Parliament to Amend the Constitution including Fundamental Rights.

In Sajjan Singh Case 1965, Supreme Court Repeated its Judgment Once Again.

That  was a Time of Pt. Nehru, When Act of Parliament, Amendment in Constitution, Execution of Power were done in very fair & fine manner. Regarding any Act or Amendment, Pt. Nehru used to say “Let us ask the Parliament“. This showed that Pt. Neharu was enough to take decision regarding  Act of Parliament, Amendment in Constitution. This has two reason. One, He has a Tremendous Support of People & Leaders of India also. Second, His aim was to Serve the People & Country in all Aspects. Which makes Him Powerful. Sprite of Democracy is vest in the Representatives of People & Fundamental Rights with other Human Rights of People. All the Welfare was done with selfishness less ie Only to Serve The Country & Her People.  At this time The Parliament was on the Peak.

During Pt. Nehru, Parliament has enjoyed its Power Because of Selfishness less, Accountable, Transparent form of Government towards Parliament. Pt. Neharu has Majority and also have Confidence of Opposition. So, All those were very easy for him to Make Act of Parliament & Amendment in Constitution etc. That was the Time When Parliament Session has worked for the country with its full Sprite. This period (from Independence to 1967) can be Termed as Golden Era of Parliament.

After the Death of Pt. Nehru, Parliament started falling. Different type of People has came but they Never got that Support which Nehru had.

After  that, Indira Gandhi has came in High Light. During Her time India Fought war and Win that. She was given the title of Iron Lady. From Here, Indira Gandhi had started exercising her executive power. There was some type of Clash between Parliament & Judiciary regarding the Power of Each Others.

In Golaknath Case 1967, Supreme Court had said – Parliament has no Power to Amend the Fundamental Rights. This Judgment has curtail down the Amending Power of Parliament.

But when in 1971, Ms. Indira Gandhi has came in Power, Her Govt. has came with the 24th Constitutional Amendment Act. According to 24th Constitutional Amendment Act, Article 13 is No Limitation for the Power of Parliament to Amend Fundamental Rights under Article 368. By 24th Constitutional Amendment Act, Parliament has Restored its Own Amending Power.

In Keshava Nand Bharti Case 1973, Supreme Court has accepted the 24th Constitutional Amendment Act. But Supreme Court said -  Legislative Power of Parliament is Limited. Parliament can not touch the Basic Structure of Constitution. 

Basic Structure, which is a Limitation on Parliament on its Amending Power, This insures the Supremacy of Constitution.

But Ms Gandhi has made 42nd Constitutional Amendment Act, which says – There is No Limitation on Parliament , No Basic Structure & No Judicial Review. This was the Time of Emergency.

The Time of Ms. Indira Gandhi was the Period of Executive. During that Time executive had exercised its Power in its Own way. In general, We can say that from 1967 to 1989 was the Golden Era of Executive.

After Indira Gandhi & Rajiv Gandhi, No one has came in Power like them. So, that was the Era of Executive which got ended due to Coalition Form of Government .

42nd Constitutional Amendment Act 1976, was challenged in Minarwa Mills Case 1980. Supreme Court stuck down that 42nd Constitutional Amendment Act 1976 regarding Amending Power. And , Judicial Review was Declared as basic Structure of Constitution.

After 1989, Judicial Review is a part of Basic Structure, After the Coalition form of Government, Parliament has become weak to take any Decision regarding any Policy, Act of Parliament or any Amendment in Constitution. The Weakness of Parliament has given a golden chance to Judiciary to take the Charge of Supremacy on The Name of Justice and Constitution. Weak Parliament has made a Weak Executive. Due to Weak Executive, The Power of Appointment of Judges in Higher Courts is taken away by Supreme Court. Which is under control of Supreme Court with out any Transparency, Accountability & Answerability. Supreme Court has started to Legislate the laws. Event on The Name of Justice, Judiciary has started to execution of Investigation under its own Control etc . So This can be Termed as Golden Era of Judiciary (1989 to till now).

But what is this? All these are the Result of a Weak Parliament &  Democracy.

Our Parliament is not functioning because of Drama made by Opposition, Mamata Banerjee, Karunanidhi Company etc. Is it Sprite of Parliament? Each & Everyone is going only for political gain, only. Where is democracy? NDA Govt. started FDI but when UPA is going to implement it, NDA itself is opposing. CPI is crying on other hand. Why? If anyone has problem, then He must come with well established Procedure of Parliament. All the Conduct must come through Parliamentary Procedure. But Legislators are making joke inside the Parliament. Opposition is opposing not for the welfare of State or People. But Opposition is Opposing for the sake of Opposing. This is the result of Weak Parliament, Weak or Coalition Govt. which is Dangerous for Democracy.

Today, On the name of Corruption Anna like Incurable Threats has evolved. Which is Acting like a Government. Anna, Who does not Know – What is Democracy? What is Constitution?, wants to frame Law. Anna, Who, even does not know - What is FDI? But still Opposing FDI. That Anna is going to run the system?

I am not getting - What type of Constitutional Right Anna has? Anna is like a Empty Vessel which was filled by Frustrated Thoughts of Frustrated Persons like Kajariwal, Kiran Bedi, Shashi & Prasant Bhushan etc. All the Frustrated Associates of Anna are frustrated with system not due to corruption. But their personal interest is there.

Kajariwal is frustrated from system & resigned. He has different type of Income Tax Charges. Kiran Bedi is also frustrated with UPA Govt. because She was not appointed as Commissioner of Delhi Police. Then, She also resigned. One or other hand Bhusahn & Sons also have different type of controversy.

Few days before, There was case in Bombay High Court against Anna & Frustrated Company regarding the Management of Money (which is donated by mainly Middle Class Innocent People of India, who do not know any thing about the Autocratic Legislation of Mr. Anaa & his Frustrated Company). If Anna & Company is itself is Not Neat & Clean, then How can They put Finger on others?

Mr. M K Gandhi used to follow himself first before giving advice to others. I have read a story – In which, a Mother came to Gandhi with her Son. Lady said to him – Baba My Sun used to take too much Gud (Sugar), Please do something. Then Gandhi told her – come in Next Month. When Lady came to him with her Son in next month . Gandhi told to boy – Son, Do not take too much Gud (Sugar ). It is harmful for you. Then lady asked him – if you want to tell only these words, you can say all these on that day also . Gandhi replied – On those days, I also  used to take too much Gud (Sugar). Then, How can I tell him? But what is Anna & Company doing? Anna & Company are only interested to giving advise rather self reform.

On the other hand , When Sharad pawar was slapped. Hazare remarked – only one slap? Anna is says -  He is following Gandhian Principle. What type of Gandhigiri is it ?

Anna is man , who do not know any thing. Anna is just like a Empty Vessel which got filled with some frustrated thoughts by frustrated people. If Anna & Company  want to make reform , then he should come in politics. But they do not do so. Because they only want to rule in an indirect way. They are exploiting the People of India ( Mainly Innocent Middle Class People) on the Name of Corruption .

All the people, who are supporting Anna, are Middle class innocent people. These Innocent People do not know any thing. Many Anna’s (“I am Anna“  Type People) do not use to pay Electricity Bill, Income Tax on time. These Anna’s do Not Take Bill from shopkeeper only to save just some money. Even 85% follower of Baba have not use to cast their Vote. And These Anna’s are telling - System is Corrupt. First of all, All Anna’s need to reform themselves, Then Talk about Govt. These type of Crowd want to make law. How sad for India? They are impressed by Fasting of Baba only. These People are thinking that –Baba is going to die for him. But reality is totally different. He just want to become 2nd Gandhi. Which will not possible by means of undemocratic way.

Corruption is Big problem but this can not be tackle in those way in which Anna wants. Anna want to create an Autocratic Institution, which is dangerous for Democracy. If Anna really want the welfare of Country &  People then He should work in the field of Social work like Awareness of RTI, Awareness of Health, Awareness of Education, Awareness of Moral & Ethical Education, Women Empowerment rather running a Parallel govt., acting like Parliament with Kajariwal, Kiran Bedi, Bushan Company as MP and Anna as Supreme Court for Interpretation of Lokpal & other laws like Right to Recall , Right to Reject , Gram Sabha above Parliament etc.

Legislation, Constitutional Interpretation and Execution of Power & Governance must be left upon respective Organs of State.

Remember, When Parliament become weak these type of threats will evolve on the Name of Welfare. Problem is not in our Constitution or in Governance . Problem is in the Mindset of Indians.

Constitution has given you The Power to Vote. The, it is responsibility of People to select Better Representative. Any type of law is not Sufficient to minimize the corruption. Corruption is in the Blood of People which can not be removed by any type of Law. Corruption can Only be eliminated by Moral & Ethical Education, Awareness among People regarding their Rights, Fast court activity and Most Importantly Public will.

If Public is corrupt, then how can our system will be free from corruption. First we have to reform our self, then System will automatically will become Fair & Fine.

I am not Opposing Anna but I am Opposing his Undemocratic & Unconstitutional way of Anna & His Frustrated Team which is a tremendous threat to Democracy & Constitutionalism.

We have not to Reform our Constitution and Constitutional establishment but to our Mindset of People by Moral & Ethical Education & Awareness about our Rights. We must fight for our Right but in the way of Constitutional establishment. Regarding the Corruption if Govt. of India want to make any Legislation then Govt. of India may go for the establishment of Selection Commission of India on the basis of Election Commission of India.

Father of Indian Constitution Honourable Dr.  B. R. Ambedakar had said “A Worst Constitution will become Best if The People are of Good Sprite. A Best Constitution will become Worst if The People are of Worst Sprite.“

So Remember, “Whenever Parliament will become weak, Threat to Democracy will evolve to hamper the Sprite of Democracy & Constitutionalism on the Name of Welfare. Which is not going to violate the Law in appearance but will be a Tremendous Threat to Democracy & Constitutionalism.” 

 

Rajani Kant Indra 
on 26 December 2012
Published in Students
Views : 1730
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