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kirtirani sole (Student)     15 October 2009

Indian Constitution

Query asked by P. Sathyaprakash - Why we make

borrowed Constitution  and  are we failed to make our ownon 14th....

sir I humbly request  just go through Constituent Assembley Debates. We not just copied  as it is.... We borrowed only those concepts which are suitable to our socio-economic and plitical situation.

I request to all pls enlighten on this issue....



Learning

 16 Replies


(Guest)

Dear Kirtirani Sole,

 

I appreciate your answer.

 

What conepts are suitable for our indian socio-econoimic, political which are adopted from other countries constitutions?

 

Our Manu smruti far better than our present Constitution.

2 Like

Swami Sadashiva Brahmendra Sar (Nil)     16 October 2009

Dear satya Prakash ji, I have gone through entire entire text of Mnusmriti and also shukraneeti (which was appreciated even by Lord Krishna in shrimadbhagvadgeeta).

No political system can be eternal. It is bound to change with time. Manu was best for that time when it was created. No doubt Manu smriti is a proof of oldest civilization of the world. It may have governed the polity for logest period. It is still governing many aspects of social life of hindus. But,in view of the scientific developements, compliance of instructions of Manusmriti is not practicable in modern times.

So far borrowing of provisions of constitution of other countries is concerned , we should not be reactive on the sole ground of borrowing. Rigveda teache us, " नो भद्राः क्रतवो यन्तु विश्वतः ". i.e. let good things come to us from all sides.

3 Like

Kiran Kumar (Lawyer)     16 October 2009

in that query my reply was :

"Mr. Rajeev with due respect pls dont compare the modernn day politician with the freedom fighters of that time.

to my opinion, Comparative study is always helpful and we should be rather thankful to the framers of the Constitution for having done comparative study, atleast they thought that Indians should not be positioned lower than any one else in the Globe.

we have in fact not borrowed the provisions rather have observed the other constitutions and WE THE PEOPLE OF INDIA have adopted the best for us.

this Constitution of India is very much self written and with best of the provisions.

As the former President of India Mr. Naraynan used to say...."Constitution has not failed us, rather we have failed the Constitution."

 

 

and I still stick to it.

 

I also agree with the opinion expressed by Dr. Tripathi

3 Like

kirtirani sole (Student)     16 October 2009

Thanks for your valued opinions....

Constitution makers are prophets for Indians  & the event was epoc -making..

Yes, definitly Constitution was existing even before 26 Nov.1949 , It is reflected in our culture .... Then India called it as "Rajdharma". The concept of 'Dharma' is more superior than concept of Rule Of  Law. Manu Smriti , Samved & Yajurvedas contains thos shloka  which mean how to form Assembly [Manu XII 108,111,112,113]  Geeta is divine source for Indian legal and administration system. Kautilya's Arthsatra [between 322-300 B.C.]  occupies most important place in the legal and constitutional history of India.

But after that Vedic  golden era medieval period started and Mughals & other like Denasties rulled India till 1600. After that Queen's era started and it was sunset for this work..... we became unwitting to this work of our great,great forefathers....

In 1947 there was challenge before our Constitution makers to craft and draft Constitution for multi religious,lingiul,cultural India to make self sufficiant.... World Constitution was lantern for constitution makers. And We The People Of India adopted todays Constitution. Now  it is up to We The People Of India , how to worship the Constitution.......

As what Kiran Kumar sir reffered quote of  President of India Hon'ble Mr. Narayanan is unfortunatlly true fact......

 

kirtirani sole (Student)     16 October 2009

 

P.Sathya Pakashji
The Draft Constitution was criticised in the same manner  in Constituent Assembly Debates. In reply to this Dr. Ambedkar said [VII Constituent Assembly Debates page no.35-56. Acc.to him after 100 yr of first written Constitution what would be the scope and many countries followed the same and what are the fundamentals of Constitution are recognised all over the world . In fact all Constitutions in their main provisions must look similar , the only new thing would those variations made to remove the faults & to accommodate it to the needs of the country.
 
More particularly  the Federalism is influenced by the American, Canadian & Australian Federalism.
Fundamental Rights from American Bill Of Rights..
The process of Constitutional amendments from modified version of American system.
Britain though not having written Constitution but we follow their practices closely like Parliamentary form of Govt. , prerogative writs to control administrative functions.
Directive Principles from Irish Constitution.
Emergency provisions from Germany.
Most important Indian Constitution preceded The Govt of India Act 1935 for administrative details....
But we r not observing those as it is but with certain modifications......
Originally it consisted of 395 Articles arranged under 22 parts and 8 sch. but after many amendments 441 Articles & 12 sch....
More important what are the black letters are converted into living law by Supreme Court as Constitution[only provisions] became Constitutional Law [provisions with judicial decisions and conventions.]
 

Anil Agrawal (Retired)     16 October 2009

 You name Manu and Mayawati will come down upon you like a ton of bricks. Manu is a red rag to her.


(Guest)

 I respect all your opinions about our Constitution.

I say only one sentence with contents of our constitution one can take dual adventage.   


(Guest)

Dear Agrawal ji,

No problem. Whoever comes I will face them. This is a land of great warriors.

Anil Agrawal (Retired)     17 October 2009

 Mayawati ha ruined U.P. No body could stop her. Even Supreme Court is showing its helplessness.

kirtirani sole (Student)     17 October 2009

Resp. P. Sathya Prakashji

It is quite possible one can take dual advantage. Sir can you explain elaborately...

 


(Guest)

Dear Kirtirani Sole ji,

I give you one example. Controversy citizenship of UPA Chairwoman and Congress President.

 

 

Swami Sadashiva Brahmendra Sar (Nil)     17 October 2009

whoever has complains about Manu, he may come to me! and he should also make a research  about systems in other parts of the world!!! 

Manu had given Law of sacrifice as opposed to method of extortion  !!! Brahmans, who are now blamed for making discriminatory rules , never desired anything for themselves and made no provision for any material gain for their heirs except that they should not be humiliated and abused. they always led a sacrificial life keeping themselves away from material wealth. stringent provisions to protect their dignity was necessary as they were prone to humiliation because of having no wealth.


(Guest)

Dr.Triapthi ji,

 

I thank you for a brief, who opposed Manusmruti. 

Anil Agrawal (Retired)     17 October 2009

 I have great respect for you Dr. Tripathi. Obviously, you are well versed in Vedas and other scriptures.

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What Raj Thakare is doing in Maharashtra against North Indians, Mayawati did to Brahmins, Kshatriyas and Vaishyas. She denounced Manu in no uncertain terms (she still does though mildly since these communities saw an opportunity to grab power by laying her feet) and aroused the sentiments of Dalits by setting them against these communities. Hence the term coined that caught the imagination of Dalits: Tilak taraju aur talwar, inko maro joote char. Didn’t Hitler become dictator by playing into the sentiments of deprived Germans?

Being at the helm of affairs in U.P. she has terrorized the administration. Police is her servant. She brazenly disobeys orders of Supreme Court. Amasses wealth claiming it is donation from party workers. Supports government at the centre and extracts her pound of flesh. She is using Sam, Dam, Danda, Bhed to perfection and has found that the Constitution is of great help to her in her designs. In India, Manusmriti, even with modification in the context of changed socio-economic situation, can never be the instrument of State policy given the present political scenario which has coined he word ‘secularism’.

Therefore, Manu Sanghita and like scriptures have been reduced to learning and following in private life. It is like being touchable outside and untouchable at home. Now, no body can force us to lead our private life in the way we want as long as it does not conflict with the social norms and law

I am told that Mayawati has no family. The Hindus are governed  in one form or other from birth to death by one scripture or the other. I wonder what happens to these non-believers and non-followers. What last rites were performed when Kanshi Ram died? Whether Mayawati observes any of them herself?

Let me tell something about this lady who is now known as Mayawati. Is she Mayawati or Chandrawati Devi? Please read the following.

In 1984 Kanshi Ram founded the BSP as a party so as to represent the Dalits and Chandawati Devi was one of the key people in the new organization. 2001 Kanshi Ram named her as his successor.

 Chandawati Devi's first election campaign happened to be from the Kairana Lok Sabha seat in the Muzaffarnagar district in 1984, and then again for the Lok Sabha seats of Bijnor in 1985 and Haridwar in 1989. Although she did not win, the electoral experience led to considerable groundwork over the next five years, and in 1989, the party won 9% of the popular vote, and 13 seats in 1989, and 11 in 1991.

 Because the Dalits are widely-spread over the state, Kanshi Ram and Chandawati then adopted a policy of attracting other groups, which continues today. As we know that India’s most population live in village and they are generally from backward areas. Chandawati Devi has this support for this election.

 There are two main factors by which it can be said that she can become next prime minister of India. First she is a woman and second is she is a dalit woman.

 Now if you are wondering who the hell is Chandawati Devi she is Kumari Mayawati. Now the above facts of her becoming the PM may be pretty hard for us “The Educated Class” to digest. But as rightly put by Jagoore.com we did not bother to “Jaago” all this while.


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