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Nothing wrong was stated by Shri Anupam Kher.
Even after 64 years of Independence, we are ignoring the
statement made on 2nd September 1953 in the Parliament by Dr. B. R. Ambedkar
himself, that: "People always keep on saying to me, so you are the maker of
the Constitution. My answer is I was a hack. What I was asked to, I did much
against my will. I am quite prepared to say that I shall be the first person
to burn it. It does not suit anybody."
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“A
MODEL OF NEW CONSTITUTION FOR INDIA
India is a democratic country. Democracy
means “Rule of Law”, governed by the people, for the people and through the
people. Rule of Law means a system, which shall ensure that: (i) no one,
whoever he may be, is above the law; (ii) transparent and good governance; (iii)
corruption free accountable bureaucracy; and (iv) Guaranteed expeditious
remedies.
The Preamble of the Constitution of India
has adopted one of the basic objects to ensure Economical, Political and Social
Justice. Is Indian Democracy moving in such direction? I must put on
straight record that “No not at all”.
In fact contrary to objects and assurances
referred in the Constitution of India, in last more than 60 years, India has
gained experiences on every counts with total dissatisfaction, as pointed out
in Vohra Committee Report, thus results are:
q
Each and every level of the
governance, immense corruption with immunity, become important part of the
system;
q
Violation of Law with
immunity is not a matter of surprise, for any one;
q
Remedial measures are not
easily available in respect of any matter of ill-governance, prevailing under
nexus between the powerful politicians, bureaucrats and organised mafia;
q
Immense economical, social
and political exploitation is not at all a matter of concern for any
politician; and
q
From the whole of the country
a single person from the common man can be identified who can justify that he
has no grievances relates to governance at one or other level.
One question may arise, that why such
situation has developed? To answer, we must know the backgrounds of democratic
system adopted in India.
We should know that there are haven and
earth differences between the culture, human nature, pshyclosical;
geographical; religious; and historical backgrounds of Britain and India.
The father of the Nation: Mahatma Gandhi strongly opposed the adoption of the
British Model of democracy for India. But, ignoring of all such facts and
backgrounds, founding fathers of the Constitution of India adopted the British
Model of democracy, under the compulsion caused by the Agreement made by the
Indian National Congress in compliance of the proposal forwarded by the British
Cabinet Mission.
In fact, in 1942, British Government,
through Crisp Mission, submitted its proposal for transfer of powers to
Indians, which was refused outright by the Mahatma Gandhi -just before he given
a call for quite India-, as because any proposal less than total freedom in the
garb of the transfer of Powers was not acceptable to India. Mahatma Gandhi made
it clear that British Government cannot enforce any conditionality for the
governance in India, after transfer of Powers to Indians. In considerations of
such mindset of the Mahatma Gandhi, when in 1946 three Member Cabinet Mission,
headed by the British Minister for India Department came to India along with
one new proposal, not submitted its proposal directly to Mahatma Gandhi. An
agreement was arises and emerges from such proposal, thus Interim Government headed
by Shri Jawaharlal Nehru, as the prime Minister was formed. As per agreement in
accordance with the said Cabinet Mission proposals, in or about July 1946 the
Constituent Assembly was constituted through elections based on Religious
Electoral Constituencies. On 6th December 1946 the Constituent
Assembly started its function. In accordance with the Cabinet Mission proposals
the Constitution of India is prepared basing upon the Government of India Act
1935, for undivided India. But, under the British diplomacy, subsequently
division of India was declared in June 1947, though this was not the part of
the Cabinet Mission proposal of 1946. This was a peculiar fact that besides its
Chairman and one another Member, the third Member of the Mission was Sir Crisp,
who headed Crisp Mission of 1942. The reason and objective behind his
appointment was very clear that he was aware of the mindset and value of the
opposition from Mahatma Gandhi. As a result the proposal of the Cabinet Mission
was got approved directly from the Congress Working Committee, without prior
consultation with or knowledge of Mahatma Gandhi.
This is an admitted fact that the major
part of the Constitution of India is prepared basing upon the Government of
India Act, 1935. Why? Not because it suits Indian requirements or otherwise,
but under the secret pre-condition of the Cabinet Mission proposal.
Circumstantial facts are also supportive of existence of a secret
pre-condition: -
q
Article 147 of the
Constitution of India provides that “In this Chapter and in Chapter V of Part
VI, references to any substantial question of law as to the interpretation of
this Constitution shall be construed as including references to any substantial
question of law as to the interpretation of the Government of India Act, 1935
(including any enactment amending or supplementing that Act), or any Order in
Council or Order made there under, or of the Indian Independence Act, 1947, or
of any order made there under.”
(The aforesaid provisions has laid downs
the conditions upon the Supreme Court and High Courts not to interpret anything
beyond the scope of the interpretation of the Government of India Act, 1935).
(The Government of India Act, 1935 was
enacted by the British parliament, so amendment in it, obviously can be made by
the British Parliament only, which means Article 147 is imposing a condition
upon the Indian Judiciary to recognise any subsequent amendment, if passed by
the British Parliament, thus virtually the sovereignty of Indian Judiciary with
regards to interpretations are concerned, was tagged with the right of the
British Parliament to amend the said Act).
(On the other hand provision does not
provide any provision for amendment in Indian Independence Act 1947).
(The word “Council” is denotes to
British Privy Council. Otherwise what is justification in Judgments pronounced
by the Constitutional Bench of the Supreme Court based on references from the
Judgments of the British Privy Council)?
As per the unverified reports, in the
Independence treaty of 1947 based on the aforesaid Cabinet Mission proposal,
there was a conditionality that the British Administrative system will continue
at least for 50 years. This date expires on 15th August 1997. This
is a matter of the fact that on the said very day i.e. 15th August
1997 the then Prime Minister of India Shri Inder Kumar Gujral announced from
the Red Fort that about 3,000 Laws are become ineffective and defunct and would
be removed. This is needed to be answered how on a sudden he aware that such
large number of 3,000 Laws become defunct overnight in one night or the said
date i.e., 15th August 1997 made him free from the said condition
laid down by the Indian Independence Treaty 1947 to make such
announcements.
Government of India has respected the
conditions with several British Companies to run their monopolistic Business in
India, on the terms and conditions applicable prior to 15th August
1947. For instance A. H. Wheeler runs its business on the basis of the absolute
and exclusive allotments of Stalls at the different important Railway Station
in India on the prevailing rates and conditions since British Rule in India,
which allowed this Company to earn exorbitant profits and to transfer such
profit to Britain, without any Tax Liability in India. As a result these
Companies paying Income Tax in Britain on the Income earns in India. Is this
not a Royalty to British Government at the cost of consolidated fund of India
against transfer of the power or is anything else?
When Indian Parliament on the night of 15th
August 1997, celebrated 50 years of so-called Freedom, British Queen Elizabeth
was the main guest. Why was not Head of any other country?
This is a matter of the fact that
Constituent Assembly of India was constituted and started it’s functioning, on
6th December 1946, in accordance with the proposal of the Cabinet Mission of
the British Government, when India was not an Independent country. Without
going in the controversy, we can evaluate our Constitution on the basis of the
experiences we have gained from it’s impacts and effects for more than fifty
years. Every day, Politicians are evaluating Indian Constitution and declaring
it as one of the best Constitution in the World. While, people seen everywhere
and every day that system is virtually collapsed. Therefore, this is the time,
that the People of India, without any political or other influence or guidance
from the Government or any other authority, should evaluate the entire
Constitution of India.
National Commission for Review of
Working of the Constitution of India has also evaluated various aspect of the
Constitution, within its limitations. We cannot expect better result, because
mindset of it’s each Member were developed and settled under the framework of
this very Constitution, thus they cannot see or find out any deficiencies from
the mentor Constitution, otherwise they should have examine that who and what
is responsible for today’s grave situation, prevailing in India?
When Mahatma Gandhi, was in South
Africa, if he could not have suffered discriminatory behavior of the White
Rulers of the South Africa, than he might have not realises the gravity of the
problems suffered by the people of India, caused under British Rule. I have
made my own evaluation of the Constitution of India, which is totally different
from the evaluation made by the Politicians, and also totally different from the
Review Commission. On the basis of my own evaluation I authored this Book.
Similarly, I am, being the author of this Book passed through various acute
severe problems, being caused because of the deficiencies of the prevailing
Constitution. Thereafter, in consideration of my experiences, I made indpth
study to find out the root of such deficiencies and written more than 250
Articles, with remedial suggestions innovated by me, which were published
amongst different 50 Newspapers in India.
My evaluation is based on my own
experiences, sufferings and study made by me in consideration of the direct
relations between:
(1)
Constitution of India and Government of
India Act, 1935;
(2)
Government of India Act, 1935 and the Act
of 1919 enacted basing upon the recommendations of Montague Chelmsford;
(3)
Act of 1919 based on the recommendations
of Montague Chelmsford and Act of 1909 enacted basing upon the recommendations
of Morley Minto reforms;
(4)
Act of 1909 enacted basing upon the Act of
1892 and;
(5)
Act of 1892 and the Act of 1861
We should not forget that after 1857 revolution (Gudder), the British
Government taken over the Powers of the Government of India from East India
Company and enacted the Act of 1861 along with several other Laws, taking into
account the findings of the Report submitted to Queen Victoria, after 1857
gudder. The object of the Report was to find out the source of unity amongst
Indians, irrespective of different religion, cast, creed, language etc.
All Acts, enacted since (1860) 1861
including the Government of India Act 1935 were enacted in the name of reforms,
but the basic object of the British Government behind enactment of such laws
were to divide Indians to Rule India. However, after Second World War, British
Government comes under acute pressure to transfer the Powers to local people of
various countries, including India. Since 1942, British Government was keen to
transfer the powers of Indians keeping its interests protected.
As we discussed above that India is a
democratic country. It means People’s governance for the People and by the
People. But, see how far this logic is working or workable in practical life
and what are the experiences of the common men? In any democracy Parliament
must be the highest democratic Platform. The Parliament’s first and foremost
function should be to develop, improve, and enhance the good governance system,
which can ensure good Governance at each and every level. But, what we are
looking today is that the Indian Parliament is not serious at all to it’s such
objective. The people of India may feel that the Political parties are
responsible for such situation. But, according to me really they are not
responsible for such grave situation. The root cause is elsewhere, as the
democratic system provided by the Indian Constitution is not developed in
consideration of the Indian Society, culture and its needs.
In fact object to refer all these facts,
are to explain that the Constitution of India is not prepared in consideration
of Indian conditions and requirements, rather prepared under the conditions
imposed through agreement arrived under British Cabinet Mission Proposal and
Indian Independence Treaty of 1947. As a result, in India, today politics is
developed and established on the British Policy of divide Indians thus Rule
India. Resultantly, politics becomes a lucrative business, everywhere, without
any investment and / or risk, and totally individualized at the cost of the
core principle of the democracy that whoever you are the law is still above
you, thus such core principle proved as total defunct.
Today Indian democracy is running in wrong
direction, overriding upon the value of the VOTERS giving importance to the
VOTING. Thus, today every politician is doing the politics of the Votes not of
the Voters.
Considering all the aforesaid facts I
written aforesaid Book (A MODEL OF NEW CONSTITUTION FOR INDIA) to remove
dynastic politics, ensuring transparent, and accountable and good governance at
every level basing upon the “CORE PRINCIPLE THAT TRUTH IS SUPREME RELIGION FOR
EVERY ONE AND EVERYWHERE.”
A democracy cannot sustain for a long,
unless followings principles are not translated in practice of the governance:
-
1.
Truth shall prevails;
2.
Justice must be above all;
3.
Reins of the powers should be
in the hands of the people;
4.
Unity, based on self
reliance, self respect and self dependence amongst the people must be supreme
objects;
5.
Each, including
Constitutional Authority should be accountable before the law and system
irrespective of his status or position;
6.
Justice delivery system
should be easy, affordable and within reasonable time;
7.
In the Election mechanism
value should be given to the Voters not to the Voting;
8.
Individualized Politics
should not be allowed at any level and at any cost;
9.
Promotions in the Politicians
should be based on experience, competency and performance;
10. Distribution of the benefit of the
progress and economical betterment of the country should be horizontal;
11. System should not allow finding the ways
to discriminate one to protect the powerful by skills or expertise.
12.
Each Individual should be
kept away from the democratic process, if he does not obey these principles
with the latter and sprit.
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