Anil Agrawal (Retired) 12 July 2015

Indian constitution - failure

Great credit is given to framers of Indian Constitution. They knew every thing. Borowed freely from Constituion of America, Canada, Swirzerland, Ausralia and UK (though it has no written Constituion). They are credited to be far sighted and saw how India will evolve.

Since 26/1/1950 till June 2015, our Constituion has been amended 100 times. Great credit in 65 years.

American Constitution was ratified on 21/6/1988 and in 227 years of history, it has been amended ONLY 27 times.

Defining the basic structure

The majority had differing opinions on what the "basic structure" of the Constitution comprised.

Chief Justice Sarv Mittra Sikri, writing for the majority, indicated that the basic structure consists of the following:

· The supremacy of the constitution.

· A republican and democratic form of government.

· The secular character of the Constitution.

· Maintenance of the separation of powers.

· The federal character of the Constitution.

Justices Shelat and Grover in their opinion added three features to the Chief Justice's list:

· The mandate to build a welfare state contained in the Directive Principles of State Policy.

· Maintenance of the unity and integrity of India.

· The sovereignty of the country.

Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:

· The sovereignty of India.

· The democratic character of the polity.

· The unity of the country.

· Essential features of individual freedoms.

· The mandate to build a welfare state.

Justice Jaganmohan Reddy preferred to look at the preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:

· A sovereign democratic republic.

· The provision of social, economic and political justice.

· Liberty of thought, expression, belief, faith and worship.

· Equality of status and opportunity.

Looking at the corruption and chaos in the country, has the Constitution that we gave to ourselves failed us or we have failed the Constitution.

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4 Replies

Mohan Shandilya (Senior Managing Partner) 23 July 2016

Dear Mr Anil Agrawal, at the end, you say: "the Constitution that we gave to ourselves ...". We did not give to ourselves, it has been imposed on us and that too unlawfully because ...

The Constitution of India is null and void ab initio as it was NEVER voted by the people of India, in whose name it was adopted on 26th November 1949 and came into force on 26th January 1950. The first elected Lok Sabha came into existence only in April 1952 on the basis of an adult suffrage. The Constituent Assembly which drated and adopted it was NOT an elected body on the basis of an adult suffrage but a NOMINATED body that too by the alien rulers. It was never got ratified by the elected representatives of the people in 1952.

No referendum was held in India despite written committment by Pt Nehru to Lord Wavell the then Viceroy who had obtained the assurance in writing from both Pt Nehru & Jinnah that they will hold a referendum in their respective country once Independence is announce. It is a matter of fact that Pakistan did hold a referendum in 1948 but India failed.

The admission on the floor of the Parliament by the then Finance Minister Dr Manmohan Singh that the system has failed India is a proof unto itself that We, the People of India need a new Indian Constitution. The present Constitution is majorly a copy of the Govt of India Act, 1935.

European Union, Hongkong, Benin - all held required referendum. EU held referendum when it wanted to adopt a common currency EURO and also when it wanted to form European Union. This is a sign of mature democracy displaying respect for its people. In India, once we elect a government, we become victims of the misgovernance at the hands of the elected government till the next elections are held, and the vicious circle continues to harm our interest with wrong policies and total absence of timely implementation of law. Enforcement of Contractual Obligations in Indian courts has attained notoriety throughout the world.

Thank you, and I express my gratitude in advance for your precious comments. Mohan Shandilya

Mohan Shandilya (Senior Managing Partner) 23 July 2016

Who is the Loser ? ... a litigant who is a victim of wrong decision by a court? ... or the court that pronounces a wrong decision ?

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 23 July 2016

# 4

23.7.16

Originally posted by : Anil Agrawal
	Great credit is given to framers of Indian Constitution. They knew every thing. Borowed freely from Constituion of America, Canada, Swirzerland, Ausralia and UK (though it has no written Constituion). They are credited to be far sighted and saw how India will evolve. Since 26/1/1950 till June 2015, our Constituion has been amended 100 times. Great credit in 65 years. American Constitution was ratified on 21/6/1988 and in 227 years of history, it has been amended ONLY 27 times. .......

18 of them are summarily to extend Reservation.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 16 August 2016

# 5

16.8.16

Most of today's generation were not even born. While a group of people have thrust Constitution; 571s, 291s have thrust amendments. WHERE IS "BY" THE PEOPLE IN THE BASE & THE SCORES OF AMENDMENTS, SLY MANIPULAIONS ETC ETC ETC BY XYZ?

MORE & MORE INJUSTICES (Bills, Amendments, Office Orders by XYZ department/s, commission/s etc etc etc) BE STOPPED IRRESPECTIVE OF WHO, WHAT. The unseen suffer, suffer ... suffer.

WAKE UP SUFFERERS. UNITE & WORK FOR THE CAUSE (By themselves) ATLEAST AT THE NICK OF THE TIME.