Completing an unfinished agenda
Understanding the basic structure of constitution in practise.–
Before we listen to the ranting of Arnab Goswami or bakbak dutt, read what the media is feeding us. There is so much more to excising a franchise than elevating the middle finger as proof performing a duty.
The constitution the convenient prop somewhere is the backdrop guarantees us fundamental freedom. The parliament happens to be the creature of this constitution and not the master of the constitution. No parliamentarian can change the basic structure.
The Indian reality of 2013 is no more in tune with the constitution. The constitution lies interred by the very people who it represents and gross violations are seen everywhere. New laws and enforcement are not the answer.
Achieving social justice in a complex fabric like India requires sociopolitical and administrative innovation. We may have re-invent politics and governance as it is practised in India. We could contemplate innovations under:
Once we understand Structure of the constitution and its violation in practise we appreciate the urgency for innovations in governance. We at a point of choice, between insurgency, disaster or a path of change and violation. This could be difficult. We need to have a point of view of what we want as country, and how to translate the visions enshrined in the constitution to a reality. This achievement would be sampurna swantantra.
Practising the basic structure of the constitution.
The panchatantra that guides the constitution are:
- Rule of the law.
- Judicial review.
Despite this being the essence the political and administrative system has increasingly rendered it ineffective. Here emerges a fine line between niti and nyaaya. Niti is the institutional propriety and behavioural correctness and nyaaya is justice in practise.
Looking at our commitment to the rule of law over the last fifty years, is unflattering. Delay in dispensing justice, increased registration of newer complaints increased load of PIL — public litigation is a raising problem. Despite the extensive research on poor management of judicial system and being aware of the solution there is apathy.
The endemic presence of corruption in the judicial and police system. One in three people who have had interaction with the police claim to have paid bribes.
Lack of transparency.
All these are violations of the foundation of the constitution. As the follow out of this. is—
- Citizens are denied of their basic rights that are guaranteed by the constitution.
- It taxes the population, as getting access to what is our right be it a ration card or a birth certificate which by right has to free comes with a fee.
- Corruption has become so pervasive that we got acclimatized to it.
These undermine the economic development of the country. The shift of political ideology, i.e. market based systems in contrasts to central planning and socialism does not really help much in achieving the transaction governance capacity of the country and the transaction governance capacity is crucial. Our political process has systematically compromised the freedom of institutions, like judiciary, the executive branch, the police, the business and the media.
It is time for this trend to be arrested and trajectory change.