The Constitution of India was framed by the Constituent Assembly that was absolutely Indian. An overwhelming majority of members of the body that enacted the most important document for governance of Bharat and observe Rule of Law comprised freedom fighters who had given their best to making India free. Their credentials were above reproach. Our Founding Fathers of the Constitution enjoyed the love, respect and admiration of people of India. People loved the members of the Constituent Assembly and got love in return in abundance.
FEATURES OF INDIANNESS
Language, culture, dress, education, Sanskars and above all the Mindset go to make the Indianness or otherwise of our Constitution. The vast majority of constitution makers came from villages of India. They were soaked in the soil, water and air of India. Regretfully they were not allowed to have their say in matters constitutional.
Leaders like Jawaharlal Nehru, Sardar Patel, Dr Rajendra Prasad, Dr Bhimrao Ambedkar and many legal luminaries dominated the proceedings of the Constituent Assembly from A to Z. The semi-literate Ram and Ghanshyam followed no English, what to say of legal language in a foreign tongue. Their presence in the Hall was the only contribution that they could make. Thus the Constitution of India in its final shape did not have an imprint of the People of India, notwithstanding the fact that it was enacted, adopted by the People of India and promulgated by the People of India just two months after enactment and being signed by one and allconcerned with it.
The Constitution was a finished product in a book form on26 November 1949. It was adopted on 26 January 1950 and then the same day the Republic of India came into being.
One regrets to note that despite all factors being favourable to India and Indians, the Constitution of India lacked an Indian soul that was needed to make it effective at the ground roots level.
The Constitution of India failed the litmus test of being Indian in charagter. It was everything but a document for the People, by the People and of the People of India that is Bharat. What a pity that the members of that agust body, the Constituent Assembly failed to give just one Indian name tothe motherland. It is called India that is Bharat.
The founding fathers of the Constitution of India were in favour of adopting just one national anthem – vande mataram. What a shame the present national anthem jana gana mana came from behind riding the shoulders of Jawaharlal Nehru and usurped the throne. The whole country regrets that dacoity till this day.
FEATRES OF OUR CONSTITUTION
The Constitution of India is a written document and is relied solely on its text by the judiciary. Unlike the British constitution which is by and large convention and tradition based and is in written form to a minor degree.
, the Indian constitution gives a little leeway to judicial interpretation where written word is clear in its intent. Indeed the Supreme Court and the High Court have the constitutional mandate for a Judicial Review and their interpretation is not only the Last Word in the matter but also lays down law of the land.
The Judiciary ensures that the country is governed by the provisions of law and that the Rule of Law will be respected and obeyed always. The jurisprudence lays down:
HOWEVER HIGH YOU MAY EVER BE,
THE LAW IS ABOVE YOU.
The Fundamental Rights and the Directive Principles are a part of the Constitution of India. It has395 Articles and Nine Schedules. With the result, the Indian Constitution is a bulky book, difficult to carry and harder to understand in letter and spirit. It falls on the strong shoulders of the Indian Judiciary to interpret the Constitution of India for the benefit of the People of India.
By Chitranjan Sawant
Email – upvanom@yahoo.com
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Tags :Constitutional Law
Category Constitutional Law, Other Articles by - Chitranjan Sawant
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