With present form of Art 74 President cannot freely work as Preserver, Protector & Defender of COI
DAYA SAGAR
During the days of campaigning for elections to 18th Lok Sabha “INDI” Alliance had amongst the accusations made against BJP allegations placed at made at high vocal note of NDA “plans” for changing the constitution of India since BJP had set target to win 400 seats for NDA and 370 for BJP. Rahul Gandhi had particularly made an issue of it when a few of the BJP leaders/ contesting candidates had said that 400 seats are targeted since changing the constitution of India was aimed at. No doubt neither Prime Minister Narendra Modi nor any BJP leader like J. P. Nadda had made any such statement but neither the leaders who had made some statements were not disowned by prime BJP leadership nor did they publically withdrew their statement .So to be brief the INDIA alliance / Rahul Gandhi carried a copy of COI in every public meeting and kept on accusing BJP of intentions to dismantle the COI/ basic structure of COI/ dismantle provisions like reservations for the socially & educationally backward citizens of India. Some analyst do have attributed the reasons for poor performance of BJP ( only 240 seats out of targeted 370) to the accusations made by Rahul Gandhi that BJP plans to change the basic structure of the ” Baba Sahib Bhim Rao Ambedkar’s” Constitution / Change the constitution of India. No doubt while drafting the COI very very intimate precautions / safe guards had been enshrined in the text that was accepted/ adopted by Constituent Assembly of India on 26 Nov 1949 so as to ensure that the elected representatives / governments do not violate any article of COI and or also not violate any of basic principles enshrined in the COI/ Preamble of COI while operating upon Art 368 of COI using the constituent power laid there in while enacting some Acts / amendments as may be required at any later date. Those entrusted with the task of drafting the constitution of India i.e Bharat were in principle desirous of giving to their self not only a well meaning parliamentary system of democracy suiting all the diversities & needs of Indian people but also wanted to provide checks & balances / safeguards for ensuring that the elected governments in democratic India always work within the provisions of Constitution and at no time even any elected Parliament could amend the Constitution to ‘conservative’ democratic system / ‘autocratic” system / or the Executive could misuse the ‘authority’ ( constituent authority provided in Art368 ) for which the” institution’ of Judiciary for judicial review” of actions of executive as well as legislature elected/installed for a particular term of 5 years max ,[see Art-13 < Laws inconsistent with or in derogation of the fundamental rights>, Art32 < Remedies for enforcement of rights conferred by Part -III of COI , Art-124 of Part-V Chapter -IV The Union Judiciary < Art 124. Establishment and constitution of Supreme Court.-< (1) There shall be a Supreme Court of India > , Art-129< Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself>, Art-131 <. Original jurisdiction of the Supreme Court >, Art -220 < Restriction on practice after being a permanent Judge >,Art 143 <. Power of President to consult Supreme Court>, Art 147.< Interpretation> ] an ‘institution of President of India [ also as part of Parliament ). Framers of constitution had laid basic spirits for democratic republic of India , that is Bharat, in the Directive Principles of State Policy as well as the objectives set out in the Preamble to the Constitution and PRESIDENT of India Democratic Republic had been spirited the task of preserving, protecting & defending The Constitution.
To be continued
(The writer is Sr Journalist, social activist and analyst J&K affairs).