Getting Systematic!
May 19th, 2010 | By Milan | Category: Articles
“The system is hopeless. It needs an overhaul.” This is an oft heard statement in many a heated discussions. The point, however, that ignored in most such discussions is: “What is this system?”
If we look at a country, then the Constitution can be termed as the backbone of the system. It is a well known fact – and often reiterated – that the constitution is above all. I may be tagged as a constitutional extremist, but I have great faith in it. It is like the holy grail of the system in India, superior even to the Supreme Court.
The makers of the Constitution incorporated a system of checks and balances in the system to avoid power getting concentrated in the hands of a few. The only assumption that the makers made, and did not put in the constitution, was that the constitution should be followed and respected by one and all.
As citizens of India, all of us have a fundamental duty to abide by that written document. But, unfortunately, most of us are unaware of what the various articles and schedules of the Constitution say. As per Article 51A clause (a) you are duty bound to respectfully disagree even with the Supreme Court if its interpretations are not abiding with the constitution.
The politicians, who are expected to ensure that the tradition of the Constitution is continued, and their cohorts have mastered the art of twisting and turning the Constitution as per their whims and fancies, for they know that following it to the dot will make them lose their powers. It is a well known fact that the day to day powers of the President are actually that of the ministers because of article 74(1), which binds the President to accept ministers’ advice. The very second clause, which says that no court can assume existence, let alone the nature, of such an advice has very conveniently been sidelined.
The Constitution allows all orders only in the name of the President. I wonder why the Supreme Court has declared this clause as non-mandatory. Orders made by ministers are now being taken as orders of the Government. This laxity by the Apex Court has invited even more corruption. According to the constitution, all transfers between services have to be consulted through UPSC. And if UPSC’s suggestion is not followed then the government has to explain that with a memorandum in the Parliament. This certainly does not happen today.
There are many such instances where the Constitution is not being adhered to the letter. But, that’s not the point. As the Supreme Court itself, sometimes, is amiss in taking the constitution seriously enough, for the sake of “not only delivering justice, but also appearing to deliver justice”, there’s little we can hope from the courts.
But, the fact remains that the Constitution should be followed. And we, the people can help do that. It’s time we understand our power of expression. Freedom gave us the right to express — fearlessly. we need to speak up and use that power. Eternal vigilance is the price of liberty. The least we can do is raise our voice when we see the terms of the constitution being violated. And only after that can we complain about ‘system’ failure.
A good writeup milan 🙂
Yeah, the fact is that constitution should be followed.
Freedom gave us the right to express — fearlessly. we need to speak up and use that power – to the benefit of society and nation.
and agreed people do not find the courage to speak up, and express as to what is right.
Maybe most people are not even aware of their basic rights.. leave aside what can be exercised.
Very well written I would say given the corruption we face in our day-to-day life. Hope is the only extraordinary spiritual grace that God has given us to control our fears, not to oust them.
Well done! Keep them coming!
~Sameer~
Yes, many of us are not aware what happence actuly in system. Such article can aware people from where corruption starts.
Good one
It’s easy to say problem in our system but who come first to take action
Thought is good………….,
Approach is good……………..,
Continue…………………………………………,
Hi Milan, nice article and great to see you taking interest in writing. Though rightly pointed out that we should raise our voice against any violation of the constitution, but my question is: Even if we raise our voice, is their a “system” in place for the redressal of our grievances?
Unless there are serious reforms in the Indian police “system” and in our court’s justice delivery “system”, personally, I don’t see many people standing up and raising voice against violation of their even basic fundamental constitutional rights.
And I really feel its the above two “systems” whose reforms can truly bring about changes in our country, as then there will be lot of people ready to raise their voice against violations of other “systems” including the one discussed in your article…
Good job !!! great start keep it up
To be honest, I didn’t know that constitution allows all orders in the name of president only…quite an informative article for ignorants like me..Keep up the good work. 🙂
nice article all things right what u said but tell me the way to revert this back to normal means giving president the power he/she is having, it make me think that whether our president knows her power . one more thing how to make apex court realise mistakes being made.
Interesting article – instigates thoughts; keep up the good work. Another interesting aspect would be to understand how the conceptual “system” got turned into the current “system”.
@Sarika People are not expressing even where there is no fear. Youtube, twitter, internet provide faceless fora to express. But nobody even there criticises or spreads poor court judgments(the keepers of civil rights and constitution).
@Sameer Thanks. And hope is all that most hardworking, soil toiling simple folks have today.
@Deepak Yes. Corruption doesn’t start because politicians are corrupt. They are corrupt everywhere across the world. Corruption starts when unconstitutional rules are made or constitution is not followed, and then nobody speaks up.
@Shivangi Thanks. Just my way of saying thanks back to the people.
@Anupam The buck stops with you. If the “system” for redressal for grievances itself does not follow the constitution, then you and I don’t have to loose hope. Our job is to speak up, and express at least. That is the power of non-violence! Only a few can be violent and protest aggressively. But most people can be non-violent and express peacefully. And with our huge population, that is an immense pressure on any system to start doing its job.
@Pallab Thanks.
@Viraj Wati till you hear more. There are surprises galore!
@mayank The Prez/governors know their powers, and they also know that their powers can’t be questioned in the courts as per the constitution, so that they can put a check on the ministers. Also, nobody realises their mistakes unless somebody tells them. In all of my grown up years, I have not read a single editorial in the media blasting out any court judgment ! As if the judgments are above criticism! The courts mean good. But roads to disaster in this country have often been paved with their good intentions.
Great read Milan,
I really loved the way you have written this article without going deep into specifics and details.
I totally agree with you that India’s is one of the most liberal constitution ever made. Probably we’re taught some lessons in the british era to know the real meaning of liberalisation which is reflected well and truely in our constitution.
I do believe that peole like you can play an instrumental role in solving the sole issue in our country thats Ignorance among people. This is why your article is so great as it provides valuabe information which is easily understood by commoners and is totally factual.
Way to go!!!
Nice thoughts Milan,
I have just one thing to say…you have to be in the system to change the system.
The people who are in the System, hardly know what it is, and people like you, who knows what it is, are outside the system.
What I mean to say is that the politicians whom you accuse of sidestepping the rules are astually ignorant of most of the rules. Just like religious leaders in India who give out various outrageous doctrines because its their own thoughts, and they have no idea what the scriptures actually say. Our politicians similarly feel that their way is the way for the whole country, and the Constitution plays no part in their thinking or their behavior.
This is the problem India is facing, any ideas how we may cure ourselves of that???
Milan the write up was a true and a gentle reminder of how our constitution is being ignored and made a mockery of for showcasing political might and not even adhering to the fundamentals of the law on the basis of which our country is formed. I am sure you being a proud Indian just like any one of us would have loved to shower praises on the judicial and political system but the cancer of corruption and short term personal gains of politicians has unfortunately made all of us so oblivious to any good arising out of these laws.
I feel as Indians other than exercising our freedom of speech and expressions to voice against the evil of arm twisting the constitution and to condemn the political parties we should make sure that that our representatives at both lok sabha and rajya sabha should be cleanse from selfishness and corruption by setting an example for them by bringing discipline, integrity and honesty in our day to day activities pertaining to both personal and professional lives.
I am sure whatever positive changes we make in our lives will touch and transform the lives of many people who are directly or indirectly in contact with us and with this we all would have made an earnest start to the beginning of the end of the problems you mentioned.
All in all you have done an awesome job in taking up such an issue considering not many young minds delve into it. Keep up the good work.