तक्षशिला से मगध तक यात्रा एक संकल्प की . . .

Bharat Ka Samvidhan : Useless or Used Less

Dr Ambedkar, who was the Chairman of the Constitution Assembly and is credited as the author of the Constitution of India, has on record said that there was no need for any constitution. The Government of India Act 1935 passed by the British parliament was enough. Then again he repeatedly denied being the framer of the draft. He even said when pressed too much if allowed he will like to burn the constitution of India. 

Recently after the anti corruption agitations there have been discussion on a total change of system is needed for eradication of corruption. There is discussion on changing the parliamentary system to presidential and also following the American system rather than the British etc. Some are demanding the constitution to be rewritten.

Though repeatedly amended the Constitution of India in itself is not very bad and no one can say American system has served America well. So there is no guarantee that copying some of its provisions would have served India better. 

The present constitution has served us well for last 61 years. We are in much better condition than many of our contemporaries. Most of the problems we face today are because of the neglect of Constitution rather than because of it. As Swami Chinmayanand ji used to say about Youth we can say the same thing about the constitution “It is not useless it is in fact used less”. To take an example – the constitutional provisions about Common Civil Code were never implemented.  The makers of our constitution wanted Common Civil Code to be implemented soon. There have been several strong advisory from time to time by the Supreme Court. Still it is a distant dream. Let alone enactment the discussion about the demand itself is not tolerated. BJP had to compromise on this issue while arriving at the common minimum programme of the NDA. Now the super cabinet NAC is proposing a special criminal code for minorities in the garb of Communal Violence (prevention) Bill. 

The makers of the constitution wanted the reservations for the SC and ST for 15 years only to give them a level playing ground. Constitution said it to be discontinued after 15 years. But no one dares to talk about this eve after a prolonged protest by the promising youths of professional institutions. Contrary to the spirit of the constitution that reservations are only temporary arrangements and should not be treated as right, now there is demand for reservation by every community. The vote bank politics has stooped to such a level that this UPA government has promised to give reservation to religious minorities.

Article 370 was also a temporary arrangement and hence the revocation of the same was provided for in the same article without the need of any constitutional amendment. But again contrary to the constitutional spirit the interlocutors on Kashmir issue appointed by the Union Government in their recommendations talk about more autonomy to J & K. There are many other constitutional provisions that are grossly neglected. We have not implemented our constitution in totality. Only the provisions which were politically convenient were used indiscriminately.

Even so we need to review the whole constitution not because it is useless but because many things have changed since. The hangover of the British raj is over and now we are a confident nation on a march to lead the whole humanity. The exuberance and enthusiasm can be seen in all walks of life. The economy, entrepreneurship, social activism and also the electoral activity all have shown a remarkable confidence.  The percentage of voting has increased to 80% in last assembly elections. The just concluded Panchayat elections in Jammu and Kashmir saw 90% voting in spite of threats by the extremists. This shows the growing awareness of the masses. The nationwide support received by the recent anti corruption agitation is also the indication of rising aspirations of the nation.  We need a constitution that reflects this NATIONAL SPIRIT. 

It can not be a copy paste product. We can study and learn from all the existing models of governance but to cater to the rising Bharat what we need is an original charter of this ancient nation. We need a total Bharatiya Approach. We have to study our own constitutional history. Each nation has its own evolution. This gives it a unique identity. The rise of Bharat will definitely ignite this search of its Identity. The constitution needs to project this National Identity to the whole world.

The quest is for a Constitution rooted in the oldest Civilisational experience of leading the world toward peace and prosperity.

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जून 22, 2011 - Posted by | सामायिक टिपण्णी, English Posts | , , ,

24 टिप्पणियाँ »

  1. Very True. I think we as a bhartiye first should study if not all than atleast important point of our samvidhan.

    The points reflected in this article — about article 370 and other I think many of us are unaware of these details.

    99 out of 100 says hindi is national language but constitution says it is only official language.

    Mukul bhaiya it would great help if you can also give some links or reference material to read with your articles.

    Comment by jainvarun | जून 22, 2011 | प्रतिक्रिया

  2. what a great and tempting topic…..i m totally agreed with u that our constitution is not useless but it is used less…and most of us dont even know what it contain , that is reason why the they are not implemented in our daily lfe.

    Comment by Deepesh | जून 22, 2011 | प्रतिक्रिया

  3. your vision is too good. we people must be think about the system of law.

    Comment by mukeshbora | जून 22, 2011 | प्रतिक्रिया

  4. Very serious matter. The whole procedural system is based on mistrust . It is presumed wrong action would be every stage.

    Comment by Ram Bhuwan Singh Kushwah | जून 25, 2011 | प्रतिक्रिया

  5. Truly said, that ”Each nation has its own evolution” and bharat has put its steps for the same.

    Comment by Rishav Agarwal | जून 26, 2011 | प्रतिक्रिया

  6. I love INDIA

    Comment by Aman | दिसम्बर 3, 2011 | प्रतिक्रिया

  7. Bharat ka sawidhan kitnay samy mai bana tha

    Comment by PARVESH KUMAR | अप्रैल 5, 2012 | प्रतिक्रिया

  8. how to read this in Hindi or Marathi…???

    Comment by Swapnil | जुलाई 2, 2012 | प्रतिक्रिया

  9. Pls explain d this discptn

    Comment by Suraj singhaniya | सितम्बर 22, 2012 | प्रतिक्रिया

  10. before time persons &leaders that think was very good then todays india is free

    Comment by nagendra singh | नवम्बर 8, 2012 | प्रतिक्रिया

  11. kya think rahee un logon ki ye aaj ke neta kya jaane,ye dust kameene bas apnee pocket ko he bharna jaane,———–
    sabhee neta aise nahee hain JAY BHARAT MATA JAY BHARTIYA SAMVIDHAN

    Comment by nagendra singh | नवम्बर 8, 2012 | प्रतिक्रिया

  12. is indian costitution suitable in present scenerio?

    Comment by Gurpreet singh | मई 9, 2013 | प्रतिक्रिया

  13. bharat ka samvidhan jab banaya gaya tha to is object sa banaya gaya ki bharat ki agadi ka bad bhartiya sasan sarvashrast sasan hoga .sarkar janta ka pasti utardai hogi.kisi ak ko saktisali nahi banaya gaya.sabhi par lagam ka liya savidhan ma niyam banaya gaya,jo ak dusara ka parti utardai hoga. parantu aaj ka nata ya nahi dakhte.agar sarkar hi disahin ho jayagi to dais ka.jarurat hai daish ka yuavo ko aaga anaki jo apna dais ko lutna sa bachaya.kuki agar abhi nahi to kabhi nahi.jai hind!jaibharat!

    Comment by hari shankar singh | अगस्त 2, 2013 | प्रतिक्रिया

  14. it s true we need the chenges

    Comment by vivek | नवम्बर 19, 2013 | प्रतिक्रिया

  15. all topics are very important

    Comment by Sagar Jagdevrao Wankhade | जनवरी 9, 2014 | प्रतिक्रिया

  16. Bhima tuzya mule yaa jivnache sarthak zaale.nahi tar kahi kutrya mavvadyani jagne kathin kele aste.

    Comment by SAGAR WANKHADE | अप्रैल 30, 2014 | प्रतिक्रिया

  17. We are very much proud of our constitution.Its all topics should be taught compulsorilyin all graduate and post graduate classes.Let Universities organise workshops for police,politicians and policy making authorities throughout the nation.Then only we will understand the samvidhan.

    Comment by Ingole Ravindra | मई 5, 2014 | प्रतिक्रिया

  18. we can say proudaly …that india is great nation in all over world

    Comment by Ramesh Gupta | मई 28, 2014 | प्रतिक्रिया

  19. jo bi ajkal ho rha he sanbidhan me he jo government karti he vo bi sambidhan me he.

    Comment by PANKAJ UPADHYAY | जुलाई 20, 2014 | प्रतिक्रिया

  20. I proud of indian….we can say that proudly great nation of india of all over world.

    Comment by M k vidyarthi | जुलाई 30, 2014 | प्रतिक्रिया

  21. school me 10 kasha se colleage t.y. tak complersorry sanvidhan padhaya jana chahiye..

    Comment by harish | दिसम्बर 23, 2014 | प्रतिक्रिया

  22. Hamari traf se ap sbhi 26 jan bhut bhut subhkamanay

    Comment by Thakur anujsoam | जनवरी 25, 2015 | प्रतिक्रिया

  23. its true still so many peoples don’t know who wrote our constitution, its time to make some change in self, first we should have to read our constitution, its importants all articles n its all scheduled, its great valuable n significant to our society.

    Comment by RUPESH PARWAR | जनवरी 28, 2015 | प्रतिक्रिया

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