This post is in response to two news items in Hindustan Times - One lokpal bill for Centre, states? and Lokpal panel for changes in Constitution, appearing in quick succession, the latter on November 30, 2011.
As per the reports, the parliamentary panel examining the lokpal bill “will ask the government to move a bill to amend the Constitution along with the lokpal bill.” The report continues, “This will enable parliament to pass a bill … to provide a constitutional status for the lokpal and also for creation of lokayuktas in states.” Another quote: “This move will help the government speed up the process of setting up the watchdog, as was demanded by social activist … Hazare” (mercifully the adjective Gandhian is missing!). An addendum to the book of quotes: “If desired, by amending the provisions of the Constitution as they stand today, such a proposed NJC [National Judicial Commission] may also give the power of dismissal or removal.”
These are astoundingly ignorant or arrogant statements. Check that. They are astoundingly arrogant statements born out of depressing level of ignorance.
In the Constitutional form of democracy, the CONSTITUTION IS SUPREME. The Indian constitution starts “We, the people…”, as does the US constitution. It is the statement of the citizens of India, as a collective. It sets down the broad parameters of our system of governance. The laws have to be drafted within the framework set forth in that founding document if the citizens’ rights are not to be violated, responsibilities not diluted and the government held responsible. This is precisely why amending the constitution is a more involved task.
A few points to note. One, the Constitution has to be amended to accommodate a law! The classic cart-before-the-horse!
To my non-constitutional, non-legal mind, creating a law that conforms to the constitution by amending the latter appears to be abuse of the processes of, and indeed the principles of a constitutional democracy.
Secondly, note that the demand is by Hazare and his cohorts (who are turning out to be angels with corrupt horns!) not by the people (5 lakhs in 120 crores is 0.04%; even if there were 50 lakhs, it would still be only 0.4% - this ain’t no “people”, particularly when we take to task the first-to-the-post system of declaring winners in elections where the “winners” typically garner more than 15% of the electorate). And, why should the constitution be amended? To fast-track the bill to become a constitutionally robust law! The constitution is clay putty and nothing more! Then, can it ever be robust?
Thirdly, the provisions of the constitution may be amended as “desired”. Desired by whom? Hazare!
Hazare leads the constitution.
Let the cart pull the horse!
Raghuram Ekambaram
As per the reports, the parliamentary panel examining the lokpal bill “will ask the government to move a bill to amend the Constitution along with the lokpal bill.” The report continues, “This will enable parliament to pass a bill … to provide a constitutional status for the lokpal and also for creation of lokayuktas in states.” Another quote: “This move will help the government speed up the process of setting up the watchdog, as was demanded by social activist … Hazare” (mercifully the adjective Gandhian is missing!). An addendum to the book of quotes: “If desired, by amending the provisions of the Constitution as they stand today, such a proposed NJC [National Judicial Commission] may also give the power of dismissal or removal.”
These are astoundingly ignorant or arrogant statements. Check that. They are astoundingly arrogant statements born out of depressing level of ignorance.
In the Constitutional form of democracy, the CONSTITUTION IS SUPREME. The Indian constitution starts “We, the people…”, as does the US constitution. It is the statement of the citizens of India, as a collective. It sets down the broad parameters of our system of governance. The laws have to be drafted within the framework set forth in that founding document if the citizens’ rights are not to be violated, responsibilities not diluted and the government held responsible. This is precisely why amending the constitution is a more involved task.
A few points to note. One, the Constitution has to be amended to accommodate a law! The classic cart-before-the-horse!
To my non-constitutional, non-legal mind, creating a law that conforms to the constitution by amending the latter appears to be abuse of the processes of, and indeed the principles of a constitutional democracy.
Secondly, note that the demand is by Hazare and his cohorts (who are turning out to be angels with corrupt horns!) not by the people (5 lakhs in 120 crores is 0.04%; even if there were 50 lakhs, it would still be only 0.4% - this ain’t no “people”, particularly when we take to task the first-to-the-post system of declaring winners in elections where the “winners” typically garner more than 15% of the electorate). And, why should the constitution be amended? To fast-track the bill to become a constitutionally robust law! The constitution is clay putty and nothing more! Then, can it ever be robust?
Thirdly, the provisions of the constitution may be amended as “desired”. Desired by whom? Hazare!
Hazare leads the constitution.
Let the cart pull the horse!
Raghuram Ekambaram
4 comments:
No one is above the constitution..
Hazare is a non constitutional authority.They can not dictate lokpal though constitutional violence .if our conuntry's majority is corrupt so be it..few can not dictate the fate of many..if you take the conviction of your soul with love and go about changing the masses..great.
Hazare's team ;another sanjay Ghandhi in the offing.I can trust Hazare but not their power mongering and corrupt team.
DS sir,
That is a wonderful phrase - constitutional violence. With your permission, I would be using it as and when. And, it is better that you put Sanjay Gandhi and Hazare acolytes on the same pedestal. No one else had made that connection. Leave it up to you.
Thanks.
RE
AH is a media tiger, the moment media stops projecting him, he will die an automatic death, as far his supporters are concerned, you should once visit the Facebook page of India Against Corruption to know about how vulgarly dissent is dealt with. They are a bunch of no brainers and mostly a cult.
The last few months have revealed the fallacies of AH and his team,hope the cult followers see wisdom
Balu, cultists are cultists because and only because they cannot see wisdom even it hit them head on! I do not want to go to Facebook like you have suggested I do. I am not that much of a masochist!
The most recent news is Hazare had retracted his not-apologetic-apology for his comment about why Pawar was chappel-slapped only once. Perhaps we have to wait for another week for this about turn for another about turn! It is a circus, truly.
Thanks
RE
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