WHY HAVE WE FAILED?
We are supposed to be amongst the wisest people around the world. It will therefore be interesting to know then why have we failed?
According to the author it has happened due to some contradictory and ambiguous provisions in our Constitution that have extended laxity and impunity and consequently no responsibility and no accountability for our Legislature and Executive. It also made them insensitive to human sufferings and the same work culture has permeated through the entire government machinery down the line.
These lacunae were known to Dr Ambedkar, Chairman of the Constituent Assembly and he carried this guilt in his heart. He painfully admitted his guilt in Parliament on 2/9/ 1953 and said, 'Sir, people keep on asking me 'so you are the framer of the Constitution'. Sir, I would say that I am only a hack (one who acts on the dictates of others). What I have done is much against my own wishes. Given a chance I shall be the first one to burn this document as it shall do no good to any one'.
A Dreadful and Frightening Statement
This is a dreadful and frightening statement by the Chairman of the Constituent Assembly himself. For whatever Dr Ambedkar wanted to convey to the Parliament by this statement, it was for sure that our country was destined to doom right before we began! But we paid no heed to set the wrongs right and the country is now already pushed to shambles.
The book examines these lacunae briefly along with their tangible remedies within the framework of the Constitution for the general awareness of the people of this great country and to also give them a food for thought. The author has identified three contradictory provisions;
1. Chapter IV of the Constitution, Directive Principles of State Policy (DPSP) contains two Articles, Articles 37 and 38.
Article 38 relates to socio-economic requirements which are the same as the basic objectives noted above.
Article 37 stipulates that Ch IV will be fundamental in the governance of the country and Legislature shall endeavor their utmost to accomplish the socio-economic incumbencies in as short a period as possible. But if the Legislature fails to accomplish this, the same shall not be justiciable in the court of law. That means no judicial remedy or otherwise for the failures of our Legislature and Executive. This is a grave lacuna that is not only ambiguous but a contradiction of Article 37.
This provision of the Constitution has germinated into large scale laxity and impunity amongst the Legislature and the Executive. It has also resulted in their no responsibility and no accountability. The present ramshackled and debilitated state of the country is a direct and conspicuous culmination of this incongruous and impunitive provision of the Constitution.
Judiciary a Redeeming Factor:
Judiciary in context with Article 37 of Chapter IV, has, however, interpreted in Kesavananda Bharti case that what is fundamental in the governance of the country cannot be less important than the Fundamental Rights of the people falling under chapter III of the Constitution. This interpretation is a great hope and is like a silver lining in the dark clouds.
This makes Directive Principles also equally justiciable like the Fundamental Rights of the Constitution are; and Legislature, responsible and accountable, to accomplish the same.
It is therefore time the learned Judiciary rises and directs the Legislature and the Executive to fulfil the basic objectives of the Constitution that are fundamental in the governance of the country.
With the above submissions and to salvage the present dilapidation, I now pray the learned Judiciary to find out that good mother for the people of India on the lines as illustrated next.
How the Judiciary can save our India:
Judiciary can save, because, Judiciary is the custodian and implementer of the Constitution; and it is their imperative responsibility to set all the wrongs right and save our India.
Also establish strong Constitutional Courts; to settle Constitutional matters on priority and keep an over-view (third-eye system) over the faithful compliance of the Constitution by the governments. For complete analysis please refer to, ‘Judiciary the saviour' #Constitution & the judiciary