Saturday, February 1, 2014

-: Who is  sovereign, the people or the State? :-

The preamble to the 1987 Constitution of the Philippines says, "We, the sovereign Filipino people ...... in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, .... and to secure ....a regime of truth, justice, freedom, love, equality, and  peace, do ordain and promulgate this Constitution".

The preamble to the Constitution of India says, " WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN ....REPUBLIC and to secure to all its citizens: JUSTICE...LIBERTY...EQUALITY and to promote among them all FRATERNITY assuring .....the unity and integrity of India...DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."

In one preamble people were soverign and remain masters, in the other they were people and have now become subjects of a Sovereign State. One talks of the duties of the government the other hints at the obligations of the citizens. 'WE' become 'them' towards the end of preamble. These 'them' will become foot soldiers of the State when you reach Part IVA of the Constitution.


Our Constitution needs to be re-written. The supremacy of the PEOPLE needs to be re-established. 

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