Saturday, 24 October 2015

Present Constitutional Scenario- Adulation

             Constitution of India is the most versatile rule book made until now. The versatility depends on various articles enumerated to be enshrined for the welfare of the people. The Articles are coded into numbers but has been beautifully numbered from the commencement. Say Article one itself talks about Union of India which symbolizes that we cannot be seceded from this uniformity. Many law institutions stated this as a blot on to the freedom and chivalry which are known to be essential component of Democratic country. Until now it had came to be known as important part in this democratic country. I say this because until now there had not been many circumstances where you can say voraciously that it had affected it the most out of the context in regards with other democratic countries. 

            Constitution remains vigilante to every now and then issues; it also serves power in the right hands and also take away authority if not appropriately utilized. From every corner of book the constitution is an appropriate piece which cannot been seen which lacks something in cognizance. There are places where citizenship are clearly defined followed by the Rights which are to be accessed by those citizens. What and how those people can utilize their rights in doing well to the society?  Even constitution runs on the piousness of religions and provides equal status to every religion practiced with conscience in this country. Thereafter every act which forms those rights which is to be implemented and how can one retain rights in the hardest times of one's life or when in atrocities can avail the facilities provided to oneself is cynosure to many law Writers. There are around Four hundred plus articles enumerated in the constitution.

           Certain articles advise the states over formation of certain laws which can regularize the evils of society. Social evils from the society be abolished by legalizing some of the draconian laws practiced without appropriate knowledge of the whole. Article Forty and forty one provided for organization of village Panchayats and right to education with appropriate rights for workers. Both of the above two articles were enlisted in the Directive Principles of state policy to be made into provision for the welfare of the people. Now panchayats as well as municipalities lies in the Article two hundred forty three with sub heads. Article twenty one which had right to life under fundamental rights was amended and added with right to education as article Twenty one A. These with lot other article stated in Directive Principle of State Policy requires the state to make provisions with utter need time to time. This state’s everything which is to be created for years even after independence.  

           Formation of Parliament with its 'functions' to 'powers' which is to be exercised by the Lawmakers had all been enlisted in the law book. It requires some attention when the powers of Prime minister are to be talked regarding the ruling. As everyone can understand there are around five articles in total which features the role of Prime Minister. It has not been elaborated as to what extent the powers be exercised by the PM. The same is with the case of the Chief Ministers of the state. There are certain unpopular infamous events in the past history which endows shame on the face of constitution. Be it Indira Gandhi episode of Emergency, at national front or various other state events. There are certain articles evaluating the purpose of what requirement of social values be until we reach a distance from where we have started.

            Article hundred and twenty four says about the appointment of the judges in Supreme court simultaneously article Two hundred and seventen reads about appointment in High Courts of states. Judiciary is an arm which can be exercised by any citizen if this country has privileges towards common man. Right to constitutional remedies provides a direct intervention of Supreme Court in hour of need, for the needy. There are various writs assigned with people of this country which can be utilized when the fear of injustice grasp the mind of the weak or threatened. Judiciary also keeps a check on the governments implementation of what was promised to the main public. It advises government on various issues too. 

            Judiciary being one of the supreme body and been enshrined with un-objectified powers shows where to head in times of chaos or misunderstanding. It binds both the legislature and executive in tact to progress towards the welfare. Although there are a lot difference in the practicality, but if all the given articles be utilized with the same essence as been entrusted one can easily get justice with conscience mind. There are various other articles which empower financial institutions in functioning with the government. Either they can be statutory in nature or be constitutional if had been specifically mentioned in the law book. 

            Finance commission finds its place in the article Two hundred and eighty which says of it to be created and reviewed every five years after, with effect from within two years from the commencement of the constitution. These finance commission reports are made public every year so that a further review of policy can take place. Government has every right to differ in opinion with finance commission but recommendations have to be taken into consideration by it. Popular support of Government lies with the trust of people of the country. People exercise their rights of voting through Adult suffrage entrusted in with article three hundred and twenty six; it provides every probable citizen to vote with fair and independent attitude.

             Election commission had been formed with article three hundred twenty four which makes sure that there will be free and fair elections in the country irrespective of the ruling party in the government. Special provisions had been made in the articles regarding emergency situations. If such emergency arises in the country Article three hundred and fifty two empowers President with the recommendation of the government to impose emergency. Even emergency had been differentiated with constitutional inference. It also talks of financial emergency which was hyped a lot during the Government of Lal Bahadur shashtri.  Article three hundred and sixty provides financial emergency provisions, which can also be exercised by the President after a surety being produced that country is suffering from strong financial crisis.

              Every important article provides special provision which helps in smoothing of the governance or helps in functioning. Amendment of provision are impulse in a democratic form of government, it ensures that the entire given article without affecting the freedom towards the right of the people can be amended. It empowers the Parliament to amend certain article which becomes un-utilized with change of time or with the attitude of the maximum main frame. It doesn't affect the freedom granted to the people under fundamental rights. It shows the transparency of the law book writers as to how they wanted us to be with contemporary time frame. I with all these article information wanted to show how our constitution is well balanced if to be talked about the people it wants to talk about, but today in this exhaustive comprehensive scenario it has to be changed with immense introduction of some serious articles regarding national threat. This was only the beginning as how it started and what I would want in this to be changed into. There are a lot internal dissentions and divisive polarized mindset which doesn't think of the main frame. Will be available with next article on what i would want the constitution to be if amended. 


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