Is Constitution losing its essence?

constitution of INdia

We, the people of India irrespective of out religion, caste, sex, etc. have adopted this Constitution with a vision to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic, but the question arises irrefutably is that- have we been able to uphold the noble visions of constitution makers?. Perhaps, no. One by one we, overtly or covertly, at our very own hands strangulated the dreams of our forefathers who fought a prolong political to make India a safe home for all people from every background.

Democracy- fading of most cherished dream:

Democracy is not just a form of Government but a feeling and a hope kept very close to heart by the oppressed ones with a view that representative chosen by them will buoy their status from mere animal existence to a dignified Human beings. But, recent political trend of making government bypassing the mandate, as been seen in Manipur and Goa, where respective Governors invited Ruling party in the Center to form Government despite their being not single largest party going against the set Constitutional convention, apparently signifies the fading of essence of democracy by throwing a dirt of political swamp. Moreover, destabilising of Madhya Pradesh by crook means is a fresh example of the same.

Socialism- Pushed to dump yard of politics:

On a perusal of Part-III and Part- IV i.e. Fundamental Rights and Directive Principles of State Policies, one can singlehandedly infer the very concept of Socialism embedded in the Constitution. Generally, a socialist state has an obligation of eliminating inequality in income and status and standard of life. However, such obligation, in the present political scenario, has been obliterated knowingly due to excessive pressure of Capitalists those who make and control the reign of Government because of their economic status and power, on account of which, pseudo representatives of people bow down before them. Oxfam’s report is an evidence corroborating this argument. Furthermore, other reports suggest that 12 crore people in India go to their bed without having their dinner, a minor girl dies of hunger crying “bhat- bhat” and many more cases of suicide by farmers comes to notice. Notwithstanding, Government seems to be very adamant to sell off those public sector unit like BCCL, which are huge profit generating concerns. Looking into this is the need of hour as to understand how government is less people friendly than Crony capitalist. When BSNL a government owned company is running in loss, meanwhile Prime Minister, a public servant endorses ‘JIO’ a privately owned unit rather a public owned unit, that is not a good sign for socialism. And therefore, Prime Minister is duty bound to decide which side he is on, whether with commoners or his wealthy friends with political benefits.

Sovereignty – a crumbling structure:

India is a sovereign nation undeniably, but sovereignty lies in the Constitution of India and not in any of Governmental organs. Therefore, it animate the concept of Constitutionalism which means that every organ must bow before Constitution, but reality speaks differently as Supreme Court has in the recent past miserably failed to subserve its functions as a ” Guardian of Constitution”, for instance praising of PM Modi by Justice Arun Mishra is not less than blow on the separation of power ( a part of basic structure) , not only this but such chaos is apparent from unduly and hastily transfer of Judges like Justice Murlidhar and Justice Kureshi lucidly proves how Executive is overpowering Judiciary, and pushing Constitutional provisions to the jaw of demonic executive. Further, unexpected ruckus created after putting of allegation of sexual harassment on a sitting Judge of Apex Court and mysteriously resolution of the same ultimately raises questions on the integrity of judiciary.

Secularism- day by day most subjugated part of idea of constitution:

The very idea of partition of India was based on secular line historically, as unlike Pakistan India was carved out as a state after kicking out Jinnah’s idea of communal electorate system and embracing the idea of secular India of Gandhi. As looking into the provisions of Part-III of Indian Constitution may give an idea how and to what extent such concept is innately embedded in it. And amending to Citizenship laws on communal lines is lucidly enough to understand that in present political scenario more importance is being given to Hindutva than Constitution and that is not good for the survival of it. Moreover, J. Nandkumar , National Convenor of RSS, parent body of BJP, in ‘Gyan Sangam’ outrightly declared secularism to be alien to Indian culture but perhaps he seems to be ignorant of the fact that India is not a new nation appreciating Secularism, but it has a rich heritage and culture of broad mindedness and catholicity. Therefore, these sleazy attempt to delegitimise Constitutional principles and its rectitude is not less than breaking down Constitution.

Hope for a new dawn:

A dark night always ends with the rise of sun. As every revolutionary battle is fought with the weapon of hope plus consistent attempt to bring a positive change, therefore likewise we can hope for a better tomorrow after this nightmare in the Constitutional history.

Ishtiaque Ahmed is a student of law at Aligarh Muslim University, Aligarh and a social worker who dreams of a better and educated India.


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