Updated: November 26, 2020 3:45:15 am
On November 26, 1949, the Constituent Assembly submitted the draft Constitution. A day earlier than the submission, B R Ambedkar, head of the Drafting Committee, expressed concern about “what would happen to her [India’s] democratic Constitution?” Decades later, Ambedkar’s fears appear to be coming true. The Constitution is beneath risk from the exact same establishments — the legislature, govt and judiciary — which can be anticipated to safeguard it. The Narendra Modi authorities began the observe of celebrating November 26 as Constitution Day. But the Sangh Parivar has emerged as the largest risk to constitutional values.
The manner laws that negate the essence of the Constitution is launched and handed, whereas ignoring deliberation, proves the mala fide intent of the authorities. Parliament is blatantly undermined and bypassed. If Parliament turns into redundant, democracy will probably be in peril. The passage of the anti-farmer farm payments and anti-worker labour codes is an instance of how undemocratically laws is pushed by.
It is tragic that the establishments of governance are flattening the Constitution in a calculated method and in flagrant violation of fairness and justice, that are central to the majesty of the rule of legislation. It was demonstrated in the most unlucky manner, when none apart from the Chief Justice of the Supreme Court (SC) noticed on two events that the apex court docket was discouraging petitions beneath Article 32 of the Constitution. That article described by Ambedkar as the coronary heart and soul of the Constitution empowers an individual to immediately method the SC to hunt treatment for the violation of elementary rights. During the debate on Article 32, Ambedkar had stated: “If I was asked to name any particular Article in this Constitution as the most important — an Article without which this Constitution would be nullity — I could not refer to any other Article except this one. It is the very soul of the Constitution and the very heart of it”. If the Supreme Court discourages individuals taking recourse to the “the heart and soul” of the Constitution, then which establishment would guarantee and empower individuals to stick to the Constitution and encourage them to imbibe constitutional values?
In the case of aid for migrant staff, the SC had initially noticed that points regarding migrant labourers fell inside the area of public coverage and therefore there was hardly any scope for judicial intervention. By the time the SC took up the matter, tens of millions had suffered unimaginable hardships.
In Hathras, a younger Dalit girl was raped and brutally assaulted by individuals belonging to excessive castes. Later, her lifeless physique was cremated regardless of the plea of her household not to take action. The state equipment allegedly threatened the household of the sufferer, telling them to not communicate to the media. A journalist who went to report the incident was arrested and charged with critical offences. He continues to languish in jail.
The outrageous method wherein the Constitution and constitutional morality are discarded by the powers that be is creating fertile circumstances for a fascist dictatorship. If the govt, legislature and judiciary violate the spirit of the Constitution, then there can be utter lawlessness. It is, due to this fact, pertinent that these three organs of the authorities set worthy examples by upholding the Constitution and adhering to the rules of constitutional morality. Time has come to herald the Directive Principles of the Constitution to empower the individuals and guarantee justice — social, political and financial.
Against this backdrop of occasions, the staff and peasants — the city and rural working individuals, in formal and casual sectors — are staging a nation-wide strike. Trade unions and organisations of peasants and rural poor are elevating not solely financial calls for and rights, however they’re on the streets additionally to avoid wasting the Constitution and democracy itself. While the nation observes the Constitution Day, the common strike is demonstrating the manner ahead. The working individuals who fought for the freedom of the nation, are standing up as we speak to avoid wasting the Constitution and the Republic of India.
The author is common secretary, CPI
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