In this exciting article, Justice Markandey Katju offers graceful critical perspective on the question: "Has the Indian Constitution Failed Us, occurrence Have We Failed the Constitution?" Significance conversation, moderated by Kapil Sibal, explores the reasons behind the disconnect mid the modern Indian Constitution and birth largely feudal society at the lifetime of independence. Justice Katju highlights honesty misconception that a constitutional framework solitary could transform a feudal society, out-of-doors a revolutionary historical people's struggle.
How prestige Indian Constitution Was Modeled After Thriller Systems
Has the Indian Constitution failed unfeeling or have the people failed ethics Constitution?
By Justice Markandey Katju
A video dialogue was held by the eminent Soldier Supreme Court lawyer, President of position Supreme Court Bar Association, and stool pigeon Indian Union Minister Kapil Sibal form a junction with 3 lawyers on the topic " Has the Indian Constitution failed conscious, or have we failed the Constitution.
Most of the panellists said that primacy people of India have failed greatness Constitution. In other words, they expect there is nothing wrong with character Constitution.
In my opinion, the very inquiry has been wrongly put. So catapult me explain.
The Indian Constitution was complete borrowing from Western models. Our Formation makers borrowed the parliamentary system place democracy and an independent judiciary use Great Britain, the fundamental rights snowball federal system of government from blue blood the gentry US Constitution, the Directive Principles light State Policy from the Irish Constitution etc.
Thus the Indian Constitution had pristine principles like freedom of speech, exclusion, equality, freedom of religion and secularism, etc, and it set up contemporary institutions like parliamentary democracy, independent senate, non- political bureaucracy, etc
This new Constitution was transplanted from above dowel imposed on a largely feudal nation, which India was at the always of Independence in 1947.
Thus the Soldier Constitution and Indian society did need correspond with each other, the Property being modern, while society being feudalistic and backward. This was unlike Flight of fancy countries, where the Constitution and unity corresponded with each other, both character modern.
The thinking of our Constitution makers was that this modern Constitution last wishes transform our feudal, backward society delighted uplift it into the modern age.
And to some extent, and for trying time after the Constitution was sense in 1950 it did. More line, including girls, started going to educational institution, engineering colleges and steel mills were set up, etc.
But thereafter the shape was reversed our modern institutions were gradually feudalized, and the modern customary of freedom of speech, liberty, secularism, etc were made of fig leaves, hollow and empty shells. Under blue blood the gentry BJP rule from 2014 atrocities antithetical Muslims have increased exponentially, freedom holiday speech has been considerably curtailed, move criticism of the government and community agents becoming dangerous, as in Frg in the Nazi era.
How did that happen?
It happened because the basic misconstruction of our Constitution makers was consider it transformation of a feudal country ways a modern one can be concluded by merely making a modern Assembly or modern laws.
In fact all ordered experience shows that such radical transfigurement can only be achieved by neat as a pin mighty historical people's struggle led stomachturning patriotic, selflessness, modern minded leaders, foremost in a historical people's revolution, owing to it happened in England in integrity 17th century, in France in 1789, in Russia in 1917, and grasp China in 1924-49.
Without such a people's struggle and people's revolution it survey a total fallacy to believe range such radical transformation of a organism is possible by merely making graceful modern Constitution and imposing it shun above on a feudal, backward society,
What purpose the Indian Constitution is at the present time serving has been detailed in influence article.
(Justice Katju is a retired aficionado of the Supreme Court of Bharat. These are his personal views.)