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Is Indian Constitution obsolete?
The document discusses the Indian Constitution's commitment to establishing a sovereign, socialist, secular, and democratic republic that assures justice, liberty, equality, and fraternity. It critiques the current effectiveness of the judicial system, highlighting issues such as pending cases and calls for various fundamental rights and duties to be revised or added. The author recommends reforms for faster justice delivery and accountability for politicians, suggesting specific changes to improve the justice system and citizen rights.
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Is Indian Constitution obsolete?
- 1. “We the peopleof India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all citizens: JUSTICE – social, economic and political LIBERTY – of thought, expression, belief, faith and worship EQUALITY- of status and opportunity And to promote among them all FRATERNITY assuring the dignity of the individual and the unity and the integrity of the NATION”
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- 4. History of IndianConstitution
- 5. Fundamental Rights By ourConstitution Right to Equality Right to Freedom Right against Exploitation Right to freedom of religion Cultural & Educational rights Right to Constitutional Remedies
- 6. Indian Constitution The Three Individual Institutions Legislatures Judiciary Executives
- 7. Securing Justice toAll (Social, Economical & Political) Really??? Judicial System 10,000 cases pending per day Fast track court It took 63 years for the judiciary to come out with the historical judgment of Ayodhya Babri case
- 8. Rights v/s Duties Framers of our constitution gave more importance to Fundamental Rights than to the Fundamental duties Fundamental Fundamental Rights Duties
- 12. Constitution Obsolete Indian Constitution is Obsolete Change the Remove Add new entire Unnecessary Clause constitution clause
- 13. Fundamental Rights Things neededto be added Implied Fundamental Rights Right to privacy Right to recall Right to clean potable drinking water Right to fresh and clean environment Right to reject Right to speedy justice
- 14. Recommendations Change in measurementindex of Literacy rate in India Change in measurement scale of BPL Many changes in Judicial Institute of constitution Increase in number of judges Qualification boundary limits to stand in elections Strict laws for implementation of all clauses & policies
- 15. Recommendations contd… Even politiciansshould be punished for crimes made by them Needs faster disposal of the pending cases across the country for on time delivery of justice to the people.
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Editor's Notes
- #2 Today, in the 21st century can we say that the real power to govern this country is vested in its people? But the question that often arises is, does the constitution in true terms express the will of the people or it has just become a tool in the hands of some hungry politicians? Are the people of India in real terms assured of Justice, liberty, equality and fraternity? Is the common man today receiving justice? Does equality really prevail? Is Liberty being exercised by all today? As a democrat its all our right to take decision, but the real picture shows that we have been made the followers of selfish politicians.
- #8 Judicial System – Slowest System, 10,000 cases per day pending for each judgeFast track court – takes 3 to 4 years to solve a case (Is it really fast track?)
- #9 At the same time I feel that the framers of our constitution gave more importance to fundamental rights than to the fundamental duties. Rights and duties are the two sides of the same coin. A right given to one person prevents another person from violating it thereby imposing a duty on him. Today everyone only wants to enjoy the benefits of the rights and no one lays importance on fulfilling their duties towards the society, country, environment and other human beings.
- #10 Prima facie education is a state subject. Entry 11 of list 2 of the 7th schedule to the constitution lays down that “Education including universities, should be a state subject. But with the adoption of authority the techniques of 5year plan and creation of planning commission, the real authority to determine policies, priorities and programs has now passed on from STATE govt. to CENTRAL govt. during last 10yrs, edu. Has developed practically into a “join responsibility” of both CENTRAL & STATE Govt. But unfortunately neither partner is satisfied with the present position and each of them has a no. of charges to make on each other. Govt took several steps to improve literacy rate in India but due to lack of “NEW & STRICT” constitutional laws it failed to fill the gaps of illetrates.
- #14 The fundamental rights under part III of our constitution too need to include many of those rights that have developed over a history of various judicial pronouncements. These rights though not really stated in part III have been recognized as fundamental in nature and are better known as ‘implied fundamental rights’. Right to food, right to privacy, right to livelihood, right to clean potable drinking water, right to fresh and clean environment, right to be silent, right to speedy justice etc. These rights need to be added in chapter III as they are equally important in today’s time for every Indian.