Our Constitution By Subhash Kashyap Free 16

The Gopalan Nair judgment also reeks of injustice. By overturning the court’s 2001 decision on Article 42 of the Constitution, the court has taken away from the public and Parliament an instrument to fulfil the basic obligation of the government to be accountable to the people.

The government of the day had also assured the people that the Articles of our Constitution will be amended as and when needed to avoid economic crises of the kind caused by globalisation and internationalisation. That is what the people voted in the coalition government in 2004-14, and this government has committed to a solemn undertaking in the National Democratic Alliance
Manifesto that after 2014 the Articles of the Constitution will be amended as and when needed.

As the National Democratic Alliance government has a strong majority in both the Houses of Parliament, it can introduce an amendment to the Constitution in Parliament without having to submit the same to a vote. No constitutional amendment can be made without the concurrence of both Houses of Parliament and the assent of the President. However, the Constitution was amended in 1970-71, 1999 and 2004 and in an unprincipled fashion. All these were amendments to constitutional provisions that were duly passed in both Houses of Parliament, including the 1999 amendment in Lok Sabha.

On July 22, 2002, the National Democratic Alliance government had come out with the great announcement that India will have a written Constitution, subject to the positive acceptance of the people.

At that time, the court, which was then headed by the former Chief Justice of India, K.G. Balakrishnan, was ready with its judgment. It was only a matter of time when the government of the day would have introduced a Constitutional Amendment Bill in Parliament. But when Balakrishnan went with the other judges to the oath-taking ceremony, he stunned the government by assuring the lawyers in the government that when he was Attorney General, it was one of his cherished dreams that India would have a written Constitution.

when we began having two houses in the constitution, it was the intent of the framers to have the lok sabha as a deliberative house where people could discuss and debate important issues. the rajya sabha was intended to be an advisory chamber where people could discuss the social, economic and foreign policy aspects of the nation. but today, the rajya sabha has become a forum for senior politicians to “test-drive” their candidacies for the lok sabha. this encourages them to run for office in the lok sabha without having a proper understanding of the issues, and without having the capacity to debate and discuss those issues. the rajya sabha has become a party-dominated house.
the parliamentary system of india is the greatest thing that has happened in our history. but like other systems, it needs some guiding principles. the framers of the constitution did not have anything like this in mind. after all, the drafting of the indian constitution was done in the midst of the bitterness of independence. so, the framers had no intention of coming up with a weak constitution. today, the whole idea behind parliamentary democracy is that it should be representative, and not the other way round.
the only decision of the supreme court in the present case was that there is nothing wrong in allowing a person who has never stayed or even visited the state where he represents to be elected from there. i dont think that this is correct. in fact, this is what our constitution has prohibited – to vote for a person without being acquainted with the issues of a particular state or region. to this extent, the supreme court has not addressed the issue. the judgment of the supreme court is not in accordance with the basic philosophy of the constitution, and is wrong. the supreme court has simply ignored all the arguments made by the various parties, in the matter. in short, the supreme court has simply disregarded the people of the country.
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