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The Constitutional disposition of then people of India


Like a man write his WILL and wish that after his death his properties shall be given to these people, it appears to me that every letter of Constitution of India exhibits the collective Solemn WILL of our known and unknown countless freedom fighters, wherein we the people of INDIA are made the beneficiary. Nevertheless, as always, the bounden duty remains on our High Courts & Supreme Court to secure that WILL of the testators (read freedom fighters) manifest in Constitution is given effect to.

In our vast, beautiful, geographical landscape of Independent INDIA, i.e. Bhaarat, again, the Constitution of INDIA, which came into existence on 26th January 1950, is the supreme & fundamental governing volume. This epic governing volume makes a categorical announcement in the introductory passage that people of INDIA are the architect of this volume. The announcement assumes significance because by this announcement, the framers of our constitution propose to acknowledge and give tribute to selfless sacrifice of every men & women who devoted their life for the independence of INDIA.

The origin & the authority of the Indian legislatures, of the Indian govt, of the Indian judiciary and of the Indian bureaucracy flows from this “Peoples' Governing Volume”.

Every injunction of this governing volume represents the wishes and ambitions of our countless freedom fighters; and our present day law makers, the government, the Indian judges and the bureaucracy owe their origin & authority and discharge their all responsibilities while taking guidance from this “Peoples' Governing Volume”.

It comes to my mind that Bhagat Singh, Balgangadhar Tilak, Mahatma Gandhi, Subhash Chandra Bose, Maulana Azad and many countless brilliant laid down their entire life to seek freedom from British rule, not because for the sake that they were white Englishmen, but because these white Englishmen were practicing discrimination, inflicting merciless exploitation on Indian poor lot and devising suppressive penal laws towards Indians. The British govt decision making process were non transparent and Indians were not consulted. Britishers were told to go back not because merely we wanted our men at place of power but because it was seen that Britishers didn’t gave dignity of life to the Indians.

Our then national leaders thought that if INDIA will be ruled by its own people, there will not be any discrimination, there will be no exploitation and no suppression that is existing in British colony. It was thought that if Indians will rule, every policy of discrimination, exploitation & suppression will be repealed at the threshold.

It comes to my mind a stray thought that if our then leaders were short sighted to have thought that Indians will govern their fellow brothers & sisters with great care & respect. There is hardly any need to establish that people of INDIA are worse governed by their own counterpart.

It is painful and equally frustrating to see that we the Independent people of INDIA have in many respects continued with British system of ruling. The first thing that immediately comes to my mind is liberty of people vis a vis personality of Police. In British times, then people were so scared of then police for they have assumably and presumably given super powers to arrest and put any one in the lock-up. Freedom fighters and inconvenient persons were put behind bars on the pretext of non bailability of offences.

Nothing much has changed in modern Independent INDIA when comes to governance. We the people yet are so afraid of police for they have assumably and presumably continue to have super power to arrest and detain anyone in the lock up. In today Independent INDIA, a man is liable to be arrested merely on a complaint of non bailable offence if so registered with the police.

Today, we have forgotten that these were the issues of liberty for which our then leaders and countless people have fought with the British. Our govt still blindly follow bailability of offences and interfere with most cherished i.e. liberty of a individual. Whereas we are though gifted with shield of landmark Judgment given by Hon Supreme Court in Joginder Kumar case in 1994, yet arrests are effected with fascination of ignorance. In Joginder Kumar case Supreme Court has given clear guidelines for arresting any one. Readers may check this link. one has to copy and paste to get access to this link. http://commonlaw-sandeep.blogspot.com/2009/06/final-word-on-law-of-arrests.html

I will say that we the people, though enjoying fruits of Independence and also enjoying public holidays earmarked in the memory of our brilliant freedom fighters, but otherwise we have severed our ties with history of freedom struggle and we have merely moved forward and we have forgot the issues for which the freedom was sought from the Britishers. It also feels that we the people of INDIA have not properly understood our freedom struggle or perhaps the history is not told to us in the right way.

I will also add here that "a constant affair with thy nation" should become personal obligation of every Indian citizen.

Sandeep Jalan
(Advocate)
Mumbai.

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Thank you.
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Comments

Sahasi Padyatri said…
Excellent and profound train of thought. I am in agreement with most of what you are saying here.

Warmly,
Krish
February 15, 2010 at 1:20 AM
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