India is a country with a largest population & unreasonably poor. India had the full potential to be at least a middle income country with negligible poverty by the turn of the century .But why has India failed to realize that potential despite the fact that Indians are as capable of creating wealth as any other people. But that leave us with economic policy as a vital case. Centuries of economic history teaches us with that bad policies fails to produce or fails the requirements to produce economic growth. At the very outset I would like to like to cover, before going for an in-depth analysis two things can be born the mind that about the constitution that
THE PROVISIONS made there in and THE PHILOSOPHY/IDEA behind the same.
The former says a lot about itself in the very PREAMBLE which explains in a very candid form about the intention for formation of the constitution and the later is mainly about the vital philosophical ideologies or thoughts of the then framers of the constitution who not only put them into writing but also pronounced what ought to be there in the constitution as per the need of Indian Nation, then and in future. Coming to the propelling rational factors of the guiding philosophers of India of the then time, prior to its formation, are they who were in the drafting committee of the constitution. Of them two/three significant ones we can thrust upon at the juncture. Mahatma Gandhi, who himself even though was not a member of the drafting Committee said out certain keywords in his Magazine “The YOUNG INDIA” in 1931 such as No discrimination between classes, Harmonious Living, Society without untouchability , Avoidance of Intoxication of Drinks and Drugs, WOMEN EQUALITY and so on which found place in the Indian Constitution.
As Same as Dr. B.R. Ambedkar, the chairperson of the Drafting Committee of the Indian Constitution who on many fronts contradicted Gandhi and his philosophies advocated that we are entering a LIFE OF CONTRADICTIONS and sought for Political Equality through it, though soft on the issue of Social and Economic disparities and found out some strategic mechanism like Reservation for the growing of the weaker sections found place in the constitution. The first Prime Minister of Free India, Pt. J.Nehru also pronounced words like TRYST WITH DESTINY on the very day of Independence, indicating that we are marching forward resplendent future which was also well reflected in constitutional provisions. In spite of the highly valued basic philosophical ideologies, there are certain criticisms which need to be focused here for justifying the need of a comprehensive character of the Indian Constitution which is very much foreign in nature and criticized.
Firstly, it is criticized on the ground that our constitution is a Bag of Borrowing. To this the answer of Dr. Ambedkar was it is not blind copy rather than the Precise form of different world constitutions made suitable in Indian Societal and Political forms. Because all the constitution of the world, say it of German, U.S. or Britain, do fundamentally serve the same purpose. Likewise, for a country like India with its great heritage and civilization there is no harm in incorporating those great ideas for greater good of the nation.
Secondly, some say it is carbon copy of 1935 Act or Amended Version of 1935 Act because of inclusion of more than 250 provisions made therein. Countering the thought it was stated that the Universal Adult Franchise was a magnificent Idea added by Dr. Ambedkar which made it unique in its nature and quality. It is not a carbon copy as stated because no country in the world has Patent Rights on any value like Governance and Administration. Of course, the refinements of some old ideas are likely to make to make it more unique and acceptable.
Thirdly, some others say our constitution is Un-Indian or Anti-Indian in nature on the ground that it has not followed the true spirit of Indian Traditions and imbibed many foreign principles into it. It can be argued that even all the top class jobs like IAS, IPS, IFS etc. and their hierarchical functions all are colonial in nature and on two important grounds it can be reproved that our original constitution has been made more efficient and potential to cater to the needs of the people. Further, because of the true ethos of Indian Society i.e. Unity in Diversity and on this basis the true spirit of Indian tradition and it is definitely one of its best in form.
Fourthly, as per the view of some critiques of Indian Constitution, it is Un- Gandhian in nature and it is so because Dr. Ambedkar was an opponent of Gandhian Philosophy on many striking grounds. But it can be countered basically is a Gandhian legacy. Secondly, the administration set up of Panchayat Raj which was incorporated in the constitutional periphery through 73rd and 74th amendments for the equitable share of justice to one and all Indians can further justify its comprehensive.
Fifthly, it is connoted as elephant in size that is because of its Bulkiness and also put under an emblem of an elephant. The argument which can be put in its behalf is that because of the elaborating mechanism of the Governance and Administrative principles, it has to be so with an aim to put less stress and strain on the intellectuals functioning who would come under the realm of political executives and the legislative of the nation at large serving the people with integrity. It can help a nation for a safe navigation in the vast ocean of complexities.
At Last, a point says that Indian Constitution is the paradise of lawyers. They go a step further by pointing out the demerits of the constitution as it would give rise to much legal litigation and equally time consume cumbersome process where common man will be entwined and hence lawyers can sellout their profession expertise with high bargained profits. Hence, there is ample scope for making our Indian Constitution more comprehensive for its social, political language and its contents for the greater comprehension of the common man.
Author’s Name: Ambika Prasad Jena (Madhusudan Law University, Cuttack)