INDIAN CONSTITUTION is praised as one of the best constitutions in the world. It is the biggest Constitution and longest written Constitution in the World.. Many VIP's of this country participated in framing it. Dr Baba Saheb Ambedkar, one of the greatest personalities of this Country, headed the Committee. Our Constitution is the biggest strength of this Country and for over 60 years it has served the Country well. Most beautiful part of the Constitution is that it has never allowed any Military Rule to take over and meddle with the Constitution. But this BEST Constitution, with in a span of 60 years has undergone nearly 100 Amendments. If it has not under gone more amendments it is because, the ruling Party is not able to muster the required two thirds majority. Otherwise it would have under gone many more Amendments.
Constitution must be able to provide solutions whenever some doubt arises. Constitution must provide for certain eventualities. That way considered our Constitution has not risen up to the expectations.Though Constituent Assembly had many Eminent Lawyers, Legal luminaries, they were by no means a match to Constitutional Experts. When a suggestion to take some expert Advice from abroad came, there was lot of hew and cry. Another biggest Problem for clear thinking was the prevailing situation in the Country at the time it was being Written. The Country had lost a good portion of its territory to form a separate State Called Pakistan. During Partition there was much blood shed and animosity among Hindus &; Muslims. There was the Question of deciding Citizenship matters when people came from other side of the Country. Foreign Missionaries were worried about the status of Christians in the Country. Caste rivalries were predominant. At such in such a situation, the mind could not be clear and thinking was clouded by the prevailing Circumstances and Temporary uncertainties. National interest alone was not the Consideration, the mind was polluted by temporary matters and long term interest was lost in the confusion. We had a Constitution framed under such situation, Circumstances and background. The Constitution has given rise to fundamentalism, caste ism, and so many other aberrations and thus degrading the Society. Though Our constitution is the longest written Constitution in the world, whenever any doubt arises, our Constitution fails to give an answer. Whether it is while deciding the Age of a High Court Judge, or when a CJ of a High Court is a Party toa dispute, the Constitution had to be amended to find a solution. Within less than 60 years the Constitution had to be amended nearly 100 times. At this rate in about a a Century or Two there may be more amendments than Original Articles in the Constitution.
Constitution makers in their collective wisdom thought it was necessary to give special status to certain Castes. Very rightly the much and long neglected Scheduled Castes and Tribes were given some reservations along with some castes which were considered as Backward.. Though Constitution specifically, limited it as a Temporary measure, It has become a permanent feature now and plaguing every action of the Government. The status of SC's ST's has not shown any considerable improvements in spite of several decades of protection. They need some more impetus. There is need to remove Reservations to all others on Caste and Religion Basis. Every Indian is equal and should be treated as such.
Reservations to minorities. Who is a minority? I am a Bramhin. We form less than 4% of the total Population. When it comes to grabbing some benefits other Hindus forget we are Hindus. We are isolated. Are we not a minority? We become a bigger minority than the so called Muslims, who are over 12%. All Religions must be treated equal and Muslims, Christians, Buddhists, Jains, Hindus, all must be equal and there should be no discrimination and no body should be superior or inferior..
I feel there is need for a better Constitution, almost similarly on the lines of the Present One but a little more fine tuned. All unnecessary clauses Articles, which are not relevant for the Present Day must be removed and ambiguities must be reduced if they cannot altogether be avoided. Reservations should be limited to only SC's & ST's. All castes and religions should be equal and every INDIAN must have equal rights and opportunities without consideration of Caste, Creed, Race or Colour. Instead basing the reservations on Caste Basis, it could be done on economic conditions of a particular individual.
Constitution must have clauses to eliminate the present type of political uncertainties. I feel when a vacancy arises due to death, Resignation of a Candidate, in the normal Course, the Ruling Party could be authorized to fill the vacancy by Nomination. Costly elections should be avoided. Canvassing in the present form during Elections should be abolished and less costly solution should be found. A poor Nation like ours, there is no point spending huge amounts on Election at least for another 100 years.
At present neither the State Government nor the Government at the Centre is able to deliver goods. Their prime concern becomes keeping the flock together and retaining a majority to put through their programs. It is not a happy situation This is not good for the Nation. Hungry mouths cannot be fed for log in this situation. Constitution must address these issues.
At Present legislators/legislatures work needs much to be desired. Executives behavior is worse than the former. Judiciary is bogged down with heavy pendency and backlog. Corruption has become rampant at every place. People will surely lose confidence in Judiciary if we feel they have not lost faith already. When all the Three wings of a Government are paralyzed, it will have to construed that the CONSTUTION HAS FAILED. Is it not a drag to continue with the situation?
Amending the Constitution after the SC ruling in amending the Basic Structure of the Constitution. It is a difficult Task. Rewriting the Constitution requires a different and acceptable Methodology. And when the present system fails to work, finding some solution is a must. A better CONSTITUTION is urgently needed. CSP RAO
Constitution must be able to provide solutions whenever some doubt arises. Constitution must provide for certain eventualities. That way considered our Constitution has not risen up to the expectations.Though Constituent Assembly had many Eminent Lawyers, Legal luminaries, they were by no means a match to Constitutional Experts. When a suggestion to take some expert Advice from abroad came, there was lot of hew and cry. Another biggest Problem for clear thinking was the prevailing situation in the Country at the time it was being Written. The Country had lost a good portion of its territory to form a separate State Called Pakistan. During Partition there was much blood shed and animosity among Hindus &; Muslims. There was the Question of deciding Citizenship matters when people came from other side of the Country. Foreign Missionaries were worried about the status of Christians in the Country. Caste rivalries were predominant. At such in such a situation, the mind could not be clear and thinking was clouded by the prevailing Circumstances and Temporary uncertainties. National interest alone was not the Consideration, the mind was polluted by temporary matters and long term interest was lost in the confusion. We had a Constitution framed under such situation, Circumstances and background. The Constitution has given rise to fundamentalism, caste ism, and so many other aberrations and thus degrading the Society. Though Our constitution is the longest written Constitution in the world, whenever any doubt arises, our Constitution fails to give an answer. Whether it is while deciding the Age of a High Court Judge, or when a CJ of a High Court is a Party toa dispute, the Constitution had to be amended to find a solution. Within less than 60 years the Constitution had to be amended nearly 100 times. At this rate in about a a Century or Two there may be more amendments than Original Articles in the Constitution.
Constitution makers in their collective wisdom thought it was necessary to give special status to certain Castes. Very rightly the much and long neglected Scheduled Castes and Tribes were given some reservations along with some castes which were considered as Backward.. Though Constitution specifically, limited it as a Temporary measure, It has become a permanent feature now and plaguing every action of the Government. The status of SC's ST's has not shown any considerable improvements in spite of several decades of protection. They need some more impetus. There is need to remove Reservations to all others on Caste and Religion Basis. Every Indian is equal and should be treated as such.
Reservations to minorities. Who is a minority? I am a Bramhin. We form less than 4% of the total Population. When it comes to grabbing some benefits other Hindus forget we are Hindus. We are isolated. Are we not a minority? We become a bigger minority than the so called Muslims, who are over 12%. All Religions must be treated equal and Muslims, Christians, Buddhists, Jains, Hindus, all must be equal and there should be no discrimination and no body should be superior or inferior..
I feel there is need for a better Constitution, almost similarly on the lines of the Present One but a little more fine tuned. All unnecessary clauses Articles, which are not relevant for the Present Day must be removed and ambiguities must be reduced if they cannot altogether be avoided. Reservations should be limited to only SC's & ST's. All castes and religions should be equal and every INDIAN must have equal rights and opportunities without consideration of Caste, Creed, Race or Colour. Instead basing the reservations on Caste Basis, it could be done on economic conditions of a particular individual.
Constitution must have clauses to eliminate the present type of political uncertainties. I feel when a vacancy arises due to death, Resignation of a Candidate, in the normal Course, the Ruling Party could be authorized to fill the vacancy by Nomination. Costly elections should be avoided. Canvassing in the present form during Elections should be abolished and less costly solution should be found. A poor Nation like ours, there is no point spending huge amounts on Election at least for another 100 years.
At present neither the State Government nor the Government at the Centre is able to deliver goods. Their prime concern becomes keeping the flock together and retaining a majority to put through their programs. It is not a happy situation This is not good for the Nation. Hungry mouths cannot be fed for log in this situation. Constitution must address these issues.
At Present legislators/legislatures work needs much to be desired. Executives behavior is worse than the former. Judiciary is bogged down with heavy pendency and backlog. Corruption has become rampant at every place. People will surely lose confidence in Judiciary if we feel they have not lost faith already. When all the Three wings of a Government are paralyzed, it will have to construed that the CONSTUTION HAS FAILED. Is it not a drag to continue with the situation?
Amending the Constitution after the SC ruling in amending the Basic Structure of the Constitution. It is a difficult Task. Rewriting the Constitution requires a different and acceptable Methodology. And when the present system fails to work, finding some solution is a must. A better CONSTITUTION is urgently needed. CSP RAO
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