Sunday, April 10, 2022

THE CONSTITUTION OF INDIA : COURSE CORRECTION NEEDED

India adopted the Constitution on 26 Jan 1950 and since then, it is the foundation on which successive governments have been providing governance to the country. It is the largest and most comprehensive written document in the world. The premise on which it is based, is for the development and progress of the country post independence. It encompasses almost every aspect needed for the development of the society and effective governance of the country. It has laid down the framework essential for good governance in the form of structures and procedures, powers of the governing bodies. It also defines the rights and duties of the citizens, the institutions like the Legislative, Executive and the Judiciary, the three pillars for the credible governance of the country.

The Constitution clarifies that it is supreme and assures the citizens justice, equality, liberty and security. The three pillars are expected to function like autonomous and independent bodies without any interference from others to provide governance befitting a healthy and progressive democracy

Unfortunately, for the last few years, the country is witnessing just the opposite of what the Constitution envisaged. It is being violated with impunity and governance almost nonexistent. The Legislative has gone rogue and the Judiciary and Executive subservient and helpless. The citizens are denied their rights and feel insecured. The Constitution itself is under threat of becoming history.

The most apparent reason for this is the downfall in the moral values in the people in governance. The law makers are self centred, corrupt and criminal. The judiciary and the Executive too is infected. Almost every constitutional post is either defunct or under pressure from the Legislative.

It is a sad development for a country which has the most effective and comprehensive Constitution. The writers of this sacred document perhaps, could not perceive the degeneration of moral values to this extent and thus did not pen down strict measures to keep a check on the institutions meant to provide good governance.

It is, therefore, extremely important to have a relook at the provisions mentioned in the Constitution and amend a few to prevent governance falling into the wrong hands. Few of them can be :-

   (a) Laying down the basic qualification for prople who wish to become law makers.

  (b) Provisions to ensure people from criminal and corrupt background are kept away from becoming legislators.

    (c)  Provisions to impeach an individual and dismissal of govt before the stipulated time should the desired competency is lacking.

   (d)  Provisions and measures to ensure autonomy and independence of Judiciary and Executive.

   (e)  The rights and duties of the citizens too need a relook. Common man who wishes to become a legislator, must know the nuances of governance. The country does not run on sentiments as is the case at present.

It goes without saying that the country needs good and effective governance and a certain level of education and competence is an absolute must for those who wish to become legislators.Mere sentiments are not enough to govern a country as large and diverse as ours.

India has to decide whether it is time to hand over the reigns to the common man with befitting qualifications. The people at present in no way fit the description of a common man.

In a competitive world, a nation has to face numerous challenges. Mere communal and religious monologue can not make it progressive in the real sense.

Constitution has been amended from time to time to deal with contingencies as they occur.  The amendments suggested here are the need of the hour not only for the democracy to survive but to save the Constitution from getting extinct. Everything has a price tag and the governance too must have a price tag, for those who wish to govern in the form of their ability and competence.