Every action of ours too should strengthen Constitution
DAYA SAGAR
India i.e Bharat has a very detailed written constitution. The constitution of India has very intimate references to governance and administration of affairs concerning a wide variety of people & their local cultures , regions of India , economic & social & geographic requirements of ” her” people , due recognition of gender & class , caring for socio – religious faiths & practices , past history and local governing systems with there in very particular safeguards enshrined in against violation of spirits of a democratic peoples government like the institution of the President of India( Art- 52 & Art-53 ) who is also the part of Parliament ( Art-79) along with the two houses of Lok Sabha ( elected house of people by direct elections ) & Rajay Sabha ( people’s representatives through indirect election from States/ UTs elected by Members of individual Legislative Assemblies) and is elected by indirect election ( Art-54& 55 ) by citizens of India through their members in Parliament (LOK Sabha& Rajay Sabha) & members of Legislative Assemblies of the States/ UTs who carry value of vote proportionate to averaged number of voters in their constituencies ) who enters the office on oath under Art-60 of Constitution duty bound to protect, preserve & defend the Constitution &where as all others who hold constitutional positions enter the respective office to work as per the constitution& law established . Such like characters of constitution of India are most distinctive and widely note worthy characteristics, especially when compared to other parliamentary democracies like the US, United Kingdom, Canada, Australia, or even Japan. In fair opinion these features capture elements that are indeed exceptional – though with some important nuances when viewed in a global comparative context. CONSTITUTION INDIA has been the only constitution of any democratic republic of the world where from day one it self every citizen had been given the equal right to elect government irrespective of caste creed religion region race economic social status through adult franchise.
The Constitution of India as drafted &finally adopted on 26 Nov 1949 is the longest written constitution of any sovereign country spanning over 395 articles and over nearly 145,000 words where as The US Constitution (often seen as a model for written constitutions) is only about 4,400 words, The UK’s “constitution” is largely unwritten (based on statutes, conventions, and judicial precedents) with no single codified document, Canada and Australia’s constitutions are written but much shorter and less detailed.The Indian framers of constitution ( Constituent Assembly ) deliberately chose this comprehensive approach because they were to deal with an extraordinarily diverse, newly independent nation emerging from a long colonial rule. They , as far as possible tried to incorporate detailed provisions , as far as possible well explained , to avoid ambiguity, provide clear guidance on governance, and address potential conflicts in a vast, multi-ethnic society.
Intimate direct or indirect references to good governance & administration, cultures, regions, economy, social issues, gender, class, religions, history, and where the local systems could be perhaps the most uniquely Indian aspect among parliamentary systems since no other major parliamentary democracy had a constitution that goes in such depth on socio-economic, cultural, regional, and historical matters like say working out (i) detailed provisions for Scheduled Castes, Scheduled Tribes, and backward classes (Articles 15, 16, 330-342, etc.; (ii) temporary /transitional / special provisions for certain states/regions (e.g., Article 370 – now modified in terms provisions there in constitution – for Jammu & Kashmir; Articles 371A-371J for states like Nagaland, Assam, Manipur, etc.. (iii) Directive Principles of State Policy (Part IV) -guiding socio-economic goals, welfare state ideals, village panchayats, etc ; (v) indirect references to secularism as faith/ ‘state religion’ of the ‘those in government’, protection of minority rights (Articles 25-30), language policies (Eighth Schedule); (vi) even specific socio -economic directives (e.g., uniform civil code in Article 44 though aspirations;& so on. This extensive inclusion reflects the Constituent Assembly’s intent to use the Constitution as a transformative instrument for social justice, national integration, and addressing historical inequalities – a response to India’s immense diversity and colonial legacy.
With the likes of diversities that India as a nation had and had to nurture too peacefully &with stability , more particularly when India was going to lay hands on a democratic peoples governance system where in the ‘ruler’ had to change every 5 years or so and as already many experts had expressed doubts about the “possibilities” for India preserving democracy for long , those sitting in the Constituent Assembly from “1948” till 26 Nov 1949 ( although deliberations for the purpose had started in late 1946 itself, even before the date for independence was declared by the British) were very vigilant & working with fore sight and as said earlier too they with superior & selfless wisdom also conceived & cultivated a very very unique & particular safeguard in the the institution of the President on oath under Article 60 as a guardian of the Constitution where the oath says <“I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.”>) where as the Prime Minister and ministers swear to “bear true faith and allegiance to the Constitution” and to faithfully discharge duties “in accordance with the Constitution”. So going by the Oath the President can surely be described to be the “foremost defender” or “guardian” of the Constitution, with a symbolic and reserve role in ensuring constitutional compliance (e.g., through ,even if required, discretionary powers like pocket veto, ordinance promulgation under Article 123, or returning bills for reconsideration).But how far & fairly the president can still stand to the Oath under Art-60 after some amendments have been made to Art-74 of the Constitution in 1976 &1978 through 42nd{ i. Constitution (Forty-second Amendment) Act, 1976, s. 13, for cl. (1) (w.e.f. 3-1-1977) &44th{the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979). }Constitution Amendment Acts of 1976 & 1978 respectively has been asked by some critical minds ( no doubt no national level political party has expressed such opinions in public calling for review etc, why could be a question).Oftensome people could be heard observing that the Institution of President is a ceremonial position where as it had been not so.
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(The author is a Sr Journalist & analyst of J&K Affairs.)