Constitution: Why and How?

Question

In a discussion on the experience of the working of our Constitution, three speakers took three different positions:

a. Harbans: The Indian Constitution has succeeded in giving us a framework of democratic government.

b. Neha: The Constitution made solemn promises of ensuring liberty, equality and fraternity. Since this has not happened,the Constitution has failed.

c. Nazima: The Constitution has not failed us. We have failed the Constitution.
Do you agree with any of these positions? If yes, why? If not, what is your own position?

Answer

In this conversation of three people it has been discussed whether the working of our constitution is fruitful or not:
(a) In the first position Harbans gave his own impression that the Indian Constitution has succeeded in giving us a framework of democratic government. We know the makers of the Constitution presented to the nation a documentin the form of our Constitution that enshrined fundamental values and highest aspirations shared by the people. And hence it became a living reality. It is a document consisting the supreme and fundamental laws of the country. It decides the composition, powers and functions of the government.
The government is formed according to the principles laid down in the Constitution of India. The Constitution of India lays down. The powers and functions of the President of India and Prime Ministers with his council of ministers very clearly. It also shows how the organs of government should relate to each other. For instance, what the executive can do by itself and what should bethe relation between the legislature, executive and the judiciary, and also, of course, between them and the ordinary citizens.
Indian Constitution provides different types of safe guards of liberty to the Indian citizens. Separation of powers, independence of judiciary, fundamental rights, rule of law, etc. are enshrined in our constitution. Democracy has been adopted in India and every effort has been made to strengthen it. In the Preamble (of Indian Constitution), India is declared 'A sovereign,socialist, secular democratic republic'. In the preamble it is mentioned that the aim of the constitution is to provide social, economic and political justice to all the citizens. Adult franchise has been introduced in India. It has been tried inthe constitution to establish a system of ideal democracy in principle. But in practice Indian democracy is suffering from various social and economic evils which have proved a curse.
(b) Neha was in the impression that the constitution made solemn promises of ensuring liberty, equality and fraternity. Since this has not happened the constitution has failed. It is true that our constitution is a unique document whose main purpose was to accommodate the aspirations of the people of India. But as we see today the unconstitutional activities are increasing. Equality of all its (India's) members,freedom of the citizens is being disturbed by some people who have got power and money. The elections are likely held fair and free but indirectly money and muscle power is used. Some people of criminal antecedents have succeeded in grabbing political power. Political leaders are playing the politics of vote-bank. The court or the judiciary has to interfere in the working of the executive and legislatures. All problems-whether it is terrorism or illegal immigration of foreigners or it is the problem of communal riotsor it is Naxalism—are to be faced more and more. In such a manner it is right to say by Neha that the goals are not achieved and the constitutionhas failed to fulfil the needs of the individuals.
(c) But as Nazima has said the constitutionhas not failed us. We have failed the constitution. We have not applied our efforts honestly to fulfilthe promises of our citizens as right to work and to gain ful employment, equal pay for equal works, protection against exploitation by individuals, groups or institutions. Still there are 26 percent people who are below poverty line.
Corruption in politics as well as in public sector is increasing. But all these evils are due to our representatives and the public as they do not fulfil their duties honestly. The citizens should be enlightened as well as be vigilant. They must be active in public affairs and also help the fellow citizens in the exercise of their rights and discharge of obligations. They should cooperate with the government in all its good works. Eternal vigilance is said to be the price of liberty in democracy; and only enlightened citizens can exercise proper vigilance.
The citizens should be educated properly and the social and economic inequality should becurbed. Only then the policies given in the constitution may be implemented. Thus we can say that the constitution has not failed us. We have failed the constitution.

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