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A Model of New Constitution For India

Object of "A MODEL OF NEW CONSTITUTION FOR INDIA"
Home | Object of "A MODEL OF NEW CONSTITUTION FOR INDIA" | PREAMBLE | CITIZENSHIP | FUNDAMENTAL DUTIES AND RIGHTS | DIRECTIVE PRINCIPLES OF STATE POLICY | The Executive | Parliament | TARIFF COMMISSION OF BHARAT | State Legislatures | Local self-Governments. | Political parties | JUDICIARY AND ITS ANCILLARIES | LAW COMMISSION OF BHARAT | PRESS COUNCIL OF BHARAT | The Bureau of the Comptroller and Auditor-General of India | State Judicial Commissions | High Courts in the States | Subordinate Courts. | ELECTION COMMISSIONS OF BHARAT AND STATES | Miscellanious & Other provisions

“A MODEL OF NEW CONSTITUTION FOR INDIA

(BHARAT)”

Object of the Book:

India is a democratic country. Democracy means “Rule of Law”, governed by the people, for the people and through the people. Rule of Law means a system, which shall ensure that:  (i) no one, whoever he may be, is above the law; (ii) transparent and good governance; (iii) corruption free accountable bureaucracy; and (iv) Guaranteed expeditious remedies.

 

The Preamble of the Constitution of India has adopted one of the basic objects to ensure Economical, Political and Social Justice. Is Indian Democracy moving in such direction?  I must put on straight record that “No not at all”.

 

In fact contrary to objects and assurances referred in the Constitution of India, in last 55 years, India has gained experiences on every counts with total dissatisfaction, as pointed out in Vohra Committee Report, thus results are:

q       Each and every level of the governance, immense corruption with immunity, become important part of the system;

q       Violation of Law with immunity is not a matter of surprise, for any one;

q       Remedial measures are not easily available in respect of any matter of ill-governance, prevailing under nexus between the powerful politicians, bureaucrats and organised mafia;

q       Immense economical, social and political exploitation is not at all a matter of concern for any politician; and

q       From the whole of the country a single person from the common man can be identified who can justify that he has no grievances relates to governance at one or other level.

 

One question may arise, that why such situation has developed? To answer, we must know the backgrounds of democratic system adopted in India.

 

We should know that there are haven and earth differences between the culture, human nature, pshyclosical; geographical; religious; and historical backgrounds of Britain and India.  The father of the Nation: Mahatma Gandhi strongly opposed the adoption of the British Model of democracy for India. But, ignoring of all such facts and backgrounds, founding fathers of the Constitution of India adopted the British Model of democracy, under the compulsion caused by the Agreement made by the Indian National Congress in compliance of the proposal forwarded by the British Cabinet Mission.

 

In fact, in 1942, British Government, through Crisp Mission, submitted its proposal for transfer of powers to Indians, which was refused outright by the Mahatma Gandhi -just before he given a call for quite India-, as because any proposal less than total freedom in the garb of the transfer of Powers was not acceptable to India. Mahatma Gandhi made it clear that British Government cannot enforce any conditionality for the governance in India, after transfer of Powers to Indians. In considerations of such mindset of the Mahatma Gandhi, when in 1946 three Member Cabinet Mission headed by the British Minister for India Department came to India along with one new proposal, not submitted its proposal directly to Mahatma Gandhi. An agreement was arises and emerges from such proposal, thus Interim Government headed by Shri Jawaharlal Nehru, as the prime Minister was formed. As per agreement in accordance with the said Cabinet Mission proposals, in or about July 1946 the Constituent Assembly was constituted through elections based on Religious Electoral Constituencies. On 6th December 1946 the Constituent Assembly started its function. In accordance with the Cabinet Mission proposals the Constitution of India is prepared basing upon the Government of India Act 1935, for undivided India. But, under the British diplomacy, subsequently division of India was declared in June 1947, though this was not the part of the Cabinet Mission proposal of 1946. This was a peculiar fact that besides its Chairman and one another Member, the third Member of the Mission was Sir Crisp, who headed Crisp Mission of 1942. The reason and objective behind his appointment was very clear that he was aware of the mindset and value of the opposition from Mahatma Gandhi. As a result the proposal of the Cabinet Mission was got approved directly from the Congress Working Committee, without prior consultation with or knowledge of Mahatma Gandhi.

 

This is an admitted fact that the major part of the Constitution of India is prepared basing upon the Government of India Act, 1935. Why? Not because it suits Indian requirements or otherwise, but under the secret pre-condition of the Cabinet Mission proposal. Circumstantial facts are also supportive of existence of a secret pre-condition: -         

q       Article 147 of the Constitution of India provides that “In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or any Order in Council or Order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.”

(The aforesaid provisions has laid downs the conditions upon the Supreme Court and High Courts not to interpret anything beyond the scope of the interpretation of the Government of India Act, 1935).

(The Government of India Act, 1935 was enacted by the British parliament, so amendment in it, obviously can be made by the British Parliament only, which means Article 147 is imposing a condition upon the Indian Judiciary to recognise any subsequent amendment, if passed by the British Parliament, thus virtually the sovereignty of Indian Judiciary with regards to interpretations are concerned, was tagged with the right of the British Parliament to amend the said Act).

(On the other hand provision does not provide any provision for amendment in Indian Independence Act 1947).

(The word “Council” is denotes to British Privy Council. Otherwise what is justification in Judgments pronounced by the Constitutional Bench of the Supreme Court based on references from the Judgments of the British Privy Council)?

 

As per the unverified reports, in the Independence treaty of 1947 based on the aforesaid Cabinet Mission proposal, there was a conditionality that the British Administrative system will continue at least for 50 years. This date expires on 15th August 1997. This is a matter of the fact that on the said very day i.e. 15th August 1997 the then Prime Minister of India Shri Inder Kumar Gujral announced from the Red Fort that about 3,000 Laws are become ineffective and defunct and would be removed. This is needed to be answered how on a sudden he aware that such large number of 3,000 Laws become defunct overnight in one night or the said date i.e., 15th August 1997 made him free from the said condition laid down by the Indian Independence Treaty 1947 to make such announcements.   

 

Government of India has respected the conditions with several British Companies to run their monopolistic Business in India, on the terms and conditions applicable prior to 15th August 1947. For instance A. H. Wheeler runs its business on the basis of the absolute and exclusive allotments of Stalls at the different important Railway Station in India on the prevailing rates and conditions since British Rule in India, which allowed this Company to earn exorbitant profits and to transfer such profit to Britain, without any Tax Liability in India. As a result these Companies paying Income Tax in Britain on the Income earns in India. Is this not a Royalty to British Government from the Government of India against transfer of the power or is anything else?     

 

When Indian Parliament on the night of 15th August 1997, celebrated 50 years of so-called Freedom, British Queen Elizabeth was the main guest. Why was not Head of any other country?

 

In fact object of the author, behind referring all these facts, are to explain that the Constitution of India is not prepared in consideration of Indian conditions and requirements, rather prepared under the conditions imposed through agreement arrived under British Cabinet Mission Proposal and Indian Independence Treaty of 1947. As a result, in India, today politics is developed and established on the British Policy of divide Indians thus Rule India. Resultantly, politics becomes a lucrative business, everywhere, without any investment and / or risk, and totally individualised at the cost of the core principle of the democracy that whoever you are the law is still above you, thus such core principle proved as total defunct.

 

Today Indian democracy is running in wrong direction, overriding upon the value of the VOTERS giving importance to the VOTING. Thus, today every politician is doing the politics of the Votes not of the Voters.

 

In the Book a new Model of democracy has been suggested, which, in my view, can make India a Super Power, removing individualised politics, ensuring transparent, and accountable good governance at every level basing upon the “CORE PRINCIPLE THAT TRUTH IS SUPREME RELIGION FOR EVERY ONE AND EVERYWHERE.”

 

The new democratic system is suggested in the Book, based on the followings amongst other considerations and principles: -

1.       Truth shall prevails;

2.       Justice must be above all;

3.       Reins of the powers should be in the hands of the people;

4.       Unity, based on self reliance, self respect and self dependence amongst the people must be supreme objects;

5.       Each, including Constitutional Authority should be accountable before the law and system irrespective of his status or position;

6.       Justice delivery system should be easy, affordable and within reasonable time;

7.       In the Election mechanism value should be given to the Voters not to the Voting;

8.       Individualized Politics should not be allowed at any level and at any cost;

9.       Promotions in the Politicians should be based on experience, competency and performance;

10.   Distribution of the benefit of the progress and economical betterment of the country should be horizontal;

11.   System should not allow to find the ways to discriminate one to protect the powerful by skills or expertise.

12.     Each Individual should be kept away from the democratic process, if he does not obey these principles with the latter and sprit.

 

If one will go through the Book, he can make up his mind in support of requirements of a New Constitution for India.

 

Join with us to evaluate the Constitution of India.

 

This is a matter of the fact that Constituent Assembly of India was constituted and started it’s functioning, on 6th December 1946, in accordance with the proposal of the Cabinet Mission of the British Government, when India was not an Independent country. Without going in the controversy, we can evaluate our Constitution on the basis of the experiences we have gained from it’s impacts and effects for more than fifty years. Every day, Politicians are evaluating Indian Constitution and declaring it as one of the best Constitution in the World. While, people seen everywhere and every day that system is virtually collapsed. Therefore, this is the time, that the People of India, without any political or other influence or guidance from the Government or any other authority, should evaluate the entire Constitution of India.

 

National Commission for Review of Working of the Constitution of India has also evaluated various aspect of the Constitution, within its limitations. We cannot expect better result, because mindset of it’s each Member were developed and settled under the framework of this very Constitution, thus they cannot see or find out any deficiencies from the mentor Constitution, otherwise they should have examine that who and what is responsible for today’s grave situation, prevailing in India?

 

When Mahatma Gandhi, was in South Africa, if he could not have suffered discriminatory behavior of the White Rulers of the South Africa, than he might have not realises the gravity of the problems suffered by the people of India, caused under British Rule. Similarly, I am, being the author of this Book passed through various acute severe problems, being caused because of the deficiencies of the prevailing Constitution. Thereafter, in consideration of my experiences, I made indpth study to find out the root of such deficiencies and written more than 250 Articles, with remedial suggestions innovated by me, which were published amongst different 50 Newspapers in India.

 

I have made my own evaluation of the Constitution of India, which is totally different from the evaluation made by the Politicians, and also totally different from the Review Commission. On the basis of my own evaluation I authored this Book. My evaluation is based on my own experiences, sufferings and study made by me in consideration of the direct relations between:

(1)                 Constitution of India and Government of India Act, 1935;

(2)                 Government of India Act, 1935 and the Act of 1919 enacted basing upon the recommendations of Montague Chelmsford;

(3)           Act of 1919 based on the recommendations of Montague Chelmsford and Act of 1909 enacted basing upon the recommendations of Morley Minto reforms;

(4)           Act of 1909 enacted basing upon the Act of 1892 and;

(5)           Act of 1892 and the Act of 1861

                We should not forget that after 1857 revolution (Gudder), the British Government taken over the Powers of the Government of India from East India Company and enacted the Act of 1861 along with several other Laws, taking into account the findings of the Report submitted by Sir Hyum to Queen Victoria. The object of the Report was to find out the source of unity amongst Indians, irrespective of different religion, cast, creed, language etc.

 

All Acts, enacted since (1860) 1861 including the Government of India Act 1935 were enacted in the name of reforms, but the basic object of the British Government behind enactment of such laws were to divide Indians to Rule India. However, after Second World War, British Government comes under acute pressure to transfer the Powers to local people of various countries, including India. Since 1942, British Government was keen to transfer the powers of Indians keeping its interests protected.

 

As we discussed above that India is a democratic country. It means People’s governance for the People and by the People. But, see how far this logic is working or workable in practical life and what are the experiences of the common men? In any democracy Parliament must be the highest democratic Platform. The Parliament’s first and foremost function should be to develop, improve, and enhance the good governance system, which can ensure good Governance at each and every level. But, what we are looking today is that the Indian Parliament is not serious at all to it’s such objective. The people of India may feel that the Political parties are responsible for such situation. But, according to me really they are not responsible for such grave situation. The root cause is elsewhere, as the democratic system provided by the Indian Constitution is not developed in consideration of the Indian Society, culture and its needs.                                        

Milap Choraria

Tamkore (Jhunjhunu) Rajasthan Pin Code 331026

Comp at: B-5/52, Sector-7, Rohini, Delhi-110085

TRUTH SHALL PREVAIL