Look Inside The Book

It is possible for provisions of a written Constitution of government to be “unconstitutional” if they are inconsistent with the constitutions of nature or society. It is not ratification alone that makes a written Constitution of government legitimate, but that it must also be competently designed and applied. – O.A. Brownson1

Dear Friends,
Think India and the image that immediately flashes the mind is that of chaos and poverty, with a few odd economic success stories shining like tinsels on tattered rags. Seventy years of the current form of democracy has failed India’s poor millions who still languish in extreme poverty and sorrows of lives. Consistent shortage of water and frequent breakdowns of power, creaking infrastructure, lack of job opportunities, galloping inflation, dwindling value of the rupee and dangerously depleting environment present a nightmarish scenario of our nation which haunts the common man

All these issues relate to the fundamental and inalienable socio-economic requirements of a nation and concern the welfare of the people. As they remain highly dilapidated they are tantamount to gross human rights violations (HRV’s).

1 (i) O. A. Brownson, The American Republic: its Constitution, Tendencies, and Destiny (1866)
(ii) Principles of Constitutional Design, http://en.wikipedia.org wiki/ Constitution

All HRV’s are defiance of the basic law (fundamental rights and socio-economic requirements) and are justiciable in a court of law and fall within the purview of the Judiciary to redress. United Nations’ charter and various, treatises and human rights protections, promulgated from time to time, also make these submissions justiciable (Section 4.1 (p. 121)). These requirements of our people are enumerated under Fundamental Rights, Part III and economic and social objectives, Part IV of our Constitution. Chapter 7 (p. 214) of this book demonstrates the justiciability of these Rights and Objectives.

In the past 70 years, our Legislature and Executive have consistently failed in accomplishing these objectives (Section 6.6(i) (p. 201)); while these objectives were the sole purpose of our struggle for freedom. India’s independence in this respect has been a betrayal, particularly for the weaker sections of our country (citation: Resolution in the Central Assembly – Section 6.1 (p. 157)).

The Judiciary, the third-most powerful guardian of our nation, is also concerned about the nation and its impoverished masses. The author hopes the Judiciary will lend its ear to hear the sighs of sorrows and grief of its suffering masses and take cognizance of the consistent regression of the nation and the stark poverty that has besieged our debilitated masses. Perennial relief operations by successive governments to artificially salvage the situation have proved a failure. Such relief operations are human rights violations and cannot be a long-term solution for perennial predicaments (Section 1.3 (p. 34)). In our case our guardians have played havoc with the very people they were supposed to protect.

The rights of the people of India are protected by our Constitution and also the charter and various treaties of the United Nations (UN) such as the Universal Declaration of Human Rights (UDHR, 1948), the International Covenant of