Saturday, October 26, 2013

Blame the Constitution for Corruption in the Indian Society

The Constitution of India deifies the State. In the Preamble, we the people India, remove the crown of SOVEREIGNTY from our head and place it on the head of the Indian Republic. The State becomes sovereign, the people become subjects. The Sovereignty, Integrity and Unity of the country are the highest values cherished in the Preamble and throughout the Constitution. Welfare of the people does not get a mention. In Art.1, India is described as a Union of States, territories of which are mentioned in Schedule I. There is no mention of people living in those sacred territories!  Only the territory of India is India, not the  people of India. Art. 2 says India may acquire new territories on such terms and conditions as Parliament may decide. What if the newly acquired  territories are inhabited by people? Will they be consulted? No, there is no provision for peoples' consent. Next question: can a state of India secede from the Union if its people overwhelmingly so desire? No, people have no say. Moreover, the Indian State is to rule, it is not to serve. The State controls and regulates all aspects of life, it never facilitate. The Constitution tells you what are fundamental duties of citizens, it never tells what are the duties of the State towards its citizens. The Constitution tells you that the powers of the State are absolute; there is no mention of human rights of the people. People have no rights except a few so called Fundamental Rights mentioned in Part III. These rights are subject to a number of restrictions and limitations. The State can make laws to overrule the FRs on a number of excuses, some of them very vague and very flimsy. Moreover, the parliament has absolute power to amend the Constitution including Part III. A law made by parliament on a matter not mentioned in Union, State or Concurrent list is not invalid. A law made by parliament having extra-territorial operation is not invalid. A law made by Parliament having international ramification is not invalid. MPs and MLAs decide the rates of their own salaries and perks. In the House they vote, not as they wish or not as their constituents would wish, but in accordance with the whip of the party high command. The reservation of seats and jobs on the basis of birth make a mockery of the ideal of equality. etc. The prime minister while making the oath of his office vows to bear true faith in the Constitution; he never says that he will be faithful to the people or he will serve them. The first thing he does after assuming office is to make another oath. This time he says that he will never reveal to any one what he does, or what he comes to know of, as a minister.

            Before the Constitution was promulgated in 1950 the Indian society was moral, benign, and compassionate. An atmosphere of goodwill and mutual trust prevailed. The Indian society has since been supplanted by the Indian State which is legal, corrupt and heartless.

            The powers given by the Constitution to the government are fountain head of all
corruption. Curtail these powers and the corruption will vanish.

-Baldev Raj Dawar, Oct., 2013
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