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  • Category: General

    Need to rewrite our Constitution

    With 444 articles,12 schedules and 24 parts,we Indians are for sure proud of our Constitution,the lengthiest written constitution in the world.Dr B R Ambedkar once proudly said about our constitution,"ransacking all the known constitutions of the world".We have borrowed and modified many features from other constitutions such as Fundamental Rights,Directive principles of State Policy,Fundamental Duties,Secular concept etc.One of the Indian innovations in this field is the Panchayathi Raj institutions.So,we have every reason to boast of our constitution.

    However,bureaucratic non-accountability and maladministration,corruption,impure politics,absence of quality government and government policies etc on the other side of the coin is much worse.

    How can rewriting the constitution settle the issue?
    Every concept and idea carries within it the seed of it's destruction.Our Constitution is no exception.The loopholes and vulnerability of our constitution is being exploited by political and bureaucratic brainy people.The loopholes have become so wide and deep that it is impossible to plug them.Rewriting the Constitution maintaining the basic structures holds the key to a new India.
  • #2485
    Good thought. Ambedkar wrote this constitution as per past set up. Now the world has changed and so as India. Lots of loopholes are there and re writing of this is essential now. Bureaucratic non-accountability and maladministration is the main subjects he completely overlooked and thanks for bringing this to highlight.
    Every drop of water counts... And every word posted here also counts.....

  • #2527
    Our Constitution is 'written but flexible'. This means we can bring in the necessary changes in the form of amendments . This is being done when needs arise. Everything cannot be anticipated when a constitution of this size is prepared.Hence the people who drafted the same included the provision for amendments.
    T.M.Sankaran
    Gold Member, SPK

  • #2561
    First of all thank you to K Mohan and T M Sankaran for their comments and support and for directing me to those issues I missed.The provision of constitutional amendment is a real blessing our constitutional forefathers gave us and our constitution.Our forefathers gave us three provision for amending the constitution

    1.Amendment of the constitution by a simple majority of the Parliament.

    2.Amendment of the constitution by a special majority of the Parliament.

    3.Constitutional amendment by special majority and consent of either whole or half of the states.

    Amendments regarding salaries of the Parliament members,elections,new states etc can be passed by simple majority.Executive power of union,legislative powers between union and states etc comes under third category.Amendment in Fundamental rights and all those area not covered by first and third category falls in the limit of second section.

    What are the defects of constitutional amendments?If we keep aside the provision of special majority,then constitutional amendment bills are very much like an ordinary bill.Constitutional amendment bills can be passed like any other ordinary bill provided a special majority.Special majority is the majority of two third members of each house.In the passage of ordinary bills there is a provision for joint sitting in case of a deadlock.This is to settle the issues amicably between the two houses.However there is no provision for a joint sitting between the two houses of Parliament in the case of constitutional amendment bills.The Parliament can amend the constitution in most cases without even consenting the state legislatures.Thus the scope of suggestions and consent of all the states is limited in constitutional amendment bills.These are some of the criticisms of constitutional amendments but the real reason is that we can't allow or tolerate criminals to rule us anymore.

    When Ambedkar and other law makers started the hectic work of giving life to our constitution they would have never imagined how worse these corrupted politicians and bureaucrats perform in national integration and growth.They looked around and all that they saw was Mahatma Gandhi,Jawaharlal Nehru,Vallabhai Patel,Lal Bahadur Shastri etc,the very epitomes of truth,loyalty to our nation and its people only.But now look around.Can we confidently rely or believe any "leader"now.

    Our constitutional amendments are at the mercy of cheap,selfish,corrupted and criminal politicians.The amendments they suggest will be a way to prosperity for them,not the laymen.If everything is running normal,then constitutional amendments is better than rewritting the constitution everytime.But the weapon is in the wrong hands.Even the guardian of our constitution,the judiciary,is corrupted or atleast they have shown us that they could be corrupted.Had Ambedkar ever dreamt of an India in its present condition?

    A new constitution is what Indians dream of to rise anew and afresh.The poison is running through the veins of our constitution and no medicine can cure it except rewritting the constitution.

  • #2619
    Our Constitution is the Worlds Largest Constitution. This Constitution had Effect from 1950 January 26. Till this Date There is No changes in our Constitution. Dr B R Ambedkar ,The creator of Indian Constitution gave his all efforts to make this reality.

    We are Borrowed The Constitution From other countries.we borrowed the constitution from Britan,America ,South Africa and many others.There is no change in their constitution.So why we are Changing our constitution. There is no need to change the Constitution of India. We already have many Articles in our Constitution.

    "RIGHT TO CONSTITUTIONAL REMEDIES" it is the Article 32 .which is known as the Heart of Indian Constitution.

    Regards;

    Ranjith
    SPK(Spiderkerala)

  • #2674
    The other day the President says that our Constitution has done a lot and that must be read with great interest. Why she said this has to be ponder over.
    Every drop of water counts... And every word posted here also counts.....


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