26th November "CONSTITUTION DAY"

March to Balaghat ! March to M.P. ! ! March to PraBuddha Bharat ! ! !

 

26th November "CONSTITUTION DAY"
National Celebrations
Campaign to buildup 'Constitutional &
Democratic India' by AIMBSCS continues...

Fellow Citizens,
26th November as we all know is the "Constitution Day". It was on this very day in 1949 that 'We the People' of India adopted, enacted and gave to ourselves THE CONSTITUTION OF INDIA with a 'resolve' to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens Justice (social, economic and political), Liberty (of thought, expression, belief, faith and worship), Equality (of status and of opportunity) and Fraternity (assuring the dignity of the individual and the unity & integrity of the nation). On 26th Nov. 1949 we entered into a 'New India' a 'Constitutional, Democratic, Scientific & Modern India' and are marching ahead as a 'United Nation' [in making] with peace, progress & dignity in the world only due to our Great Constitution- its principles, provisions, values & institutions.
Our Constitution is "The only unique Constitution in World" due to the following distinct features :
1. Principles of Equality + Liberty + Fraternity + Justice as enshrined in the 'Preamble' (they are now adopted by
most modern constitutions of the world).
2. Individual as unit and not otherwise.
3. Fundamental Rights with reasonable restrictions, and remedies to approach the Supreme Court & High
Courts (PA RT III, Art. 226).
3a. Recognition of Human Rights with 'dignity of individual' enshrined in the Preamble and U/A 21 (Right to Life),14 (Right to Equality) to 'acceded to' U/A 51C & 253.
4. Union of India - One United India along with a flexible federation.
5. Uniformity in Federation to maintain 'Unity of the Country' [by single judiciary; uniformity in fundamental laws - civil & criminal an  All India Services].
6. Welfare State as enshrined in Directive Principles of State Policy (PA RT IV).
7. Parliamentary Democracy with responsibility to the People through Parliament, exercised by regular 'free & fair' elections.
8. Reservations [Art. 16(4), 335], special protections [V & VI Sch.] and special provisions [Article 330-342, PA RT XVI] recognised as rights & safeguards to abolish caste & ethnic discrimination.
9. One single integrated judiciary (by High Courts & Supreme Court, along with sub ordinate courts).
10. Supremacy of the Constitution exercised through the sovereign Parliament of 'W e the People'.

Let us realize the 'golden principles' of Justice, Liberty, Equality & Fraternity to make India a Democratic & Developed Naiton !

India is Great & United Only Due To Our Unique Constitution Of The World !

Such a 'Greatest & Lengthiest Constitution of the World' was drafted only in '141 days' by the Drafting Committee - Chaired by Hon'ble Dr. B. R. Ambedkar and settled by the Constituent Assembly only in '166 days'. Thus our Constitution was drafted & settled only in 141+166=10 months & 5 days. No other Constitution with 395 Articles & 8 Schedules come close to our Constitution, even not in the length, featuring and the time taken in framing it. The Working of Our Constitution - Requires Republican People & Political Parties who will adopt Constitutional Methods and Constitutional Morality by All those working upon the Constitution for establishing 'Social & Economic Democracy' and realize the 'positive rights' of We the People : The 'Working of our Constitution' has been largely unsatisfactory from the perspective of realization of the golden principles of Equality-Liberty-Fraternity-Justice [E-L-F-J] and the FRs & DPs their in looking at the glaring socio-economic injustices, indignities, inequalities, social exclusion & exploitation due to the 'caste discrimination'. Not only India is at 134th position in HDI but has 51.6% multi-dimensional poverty (or 1/3rd of the words 1.75 crore MDPs) and 46% malnourished children. 75.6% of Indian population earn only $ 2 a day. The HDI report 2011 released by the Planning Commission of India also brings out the socio-economic inequalities of education, health, housing, occupation between the SCs, STs, OBCs & Muslims viz-viz the others. Though the various social exclusions & inequalities of these discriminated & deprived groups in various other areas remain unreflected. The 'asset inequalities' in particular of land, housing, gold & jewellery stores, etc. remain concealed even today. Dr. B. R. Ambedkar - 'Father of Indian Constitution' gave a very important caution & advice on 25th Nov. 1949 upon the working of the Constitution, when He said : "The working of a Constitution does [not] depend wholly upon the nature
of the Constitution. The Constitution can provide only the organs of state such as the legislature, the executive and the judiciary. The factors on which the working of those organs of the state depend are the people and the political parties they will setup as their instrument to carry out their wishes and their politics. Who can say how the people of India and their parties will behave? Will they uphold "constitutional methods" of achieving their purposes or will they prefer 'revolutionary methods' of achieving them? If they adopt
the revolutionary methods however good the Constitution may be, it requires no prophet to say that will fail. It is, therefore, futile to pass any judgment upon the Constitution without reference to the part which the people and their parties are likely to play." (25th Nov. 1949, CAD, Official Report, Vol. XI, pp. 972-981).
W ith a mind full of the future of our country Dr. Ambedkar reflected upon how independence of the country lost and how she lost it by the infidelity and treachery of some of her own people [military commanders of King Dahar of Sindh refused to fight Mahammed - Bin - Kasim by accepting bribes; Jaichand invited Mamohmmed Ghori to invade India and fight against Prithvi Raj; siding of Rajput kings with Moghul when Shivaji was fighting for the liberation of Hindus; the principal commander Gulab Singh did not help to save the Sikh Kingdom when the British where trying to destroy it and that how the Sikhs stood and watched as silent spectators during the muting of 1857.) Expressing His anxiety upon this question; will history repeat itself? Dr. Ambedkar warned, "that in addition to our old enemies in the form of castes and creeds we are going to have many political parties with diverse and opposing political creeds". If the people, and if the parties would place 'creed above country'; "our independence will be put in jeopardy a second time and probably be lost for ever." Dr. Ambedkar a diehard nationalist asserted that "This eventuality we must all resolutely guard against. We must be determined to defend our independence with the last drop of our blood" (Cheers). Further expressing His concern as to, what would happen to our Democratic Constitution and the Democratic System, Dr. B. R. Ambedkar advised : If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgment we must do is to hold fast to Constitutional methods of achieving our social and economic objectives [and must abandon the bloody methods of revolution & of civil disobedience, noncooperation, and satyagrah as these methods are nothing but the 'Grammar of Anarchy.]
The second thing we must do is... not to lay our liberties at the feet of even a great man (GN), or to trust him
[her] with powers which enable him to subvert our institutions. The third thing we must do is not to be content with mere political democracy. We must make our political democracy a social democracy as well. Political democracy cannot last unless there lies at the base of it social democracy. (ibid) Earlier opining on the Directive Principles of State Policy, on 22nd Nov. 1948 He propounded that, our object in framing this Constitution is really two-fold : (i) to lay down the form of political democracy, and (ii) to lay down that our
ideal is economic democracy. (pp. 494-95, ibid, Vol. VII) Long Live The Constitution ! Long Live The People Of India !! Similarly emphasising the need of Constitutional Morality while replying to critics upon Draft Constitution and its salient features on 4th Nov. 1948 Dr. B. R. Ambedkar - the Chairman of Drafting Committee said that : "The diffusion of Constitutional morality, not merely among the majority of any community but throughout the whole is the indispensable condition of government at once free and peaceable; since even any powerful and obstinate minority may render the working of a free institution impracticable, without being strong enough to conquer ascendency for themselves." He opined that "Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it. Democracy in India is only a top-dressing on Indian Soil, which is essentially undemocratic." (CAD, Vol. VII, pp. 31-44) Again as the 'Father of Constitutional India' - Dr. B. R. Ambedkar in His concluding speech on 25th Nov. 1949 pointed to wards the life of contradictions that we have entered on 26th Jan. 1950 by reason of "our social and economic structure", which continue to deny the principle of one man one value; whereas in politics we have recognized the principle of one man one vote. He wanted that we must begin by acknowledging the fact that there is complete absence of two things in Indian Society. One of these is "equality" [due to graded inequality on social plane (of caste system) and abject poverty viz-a-viz immense wealth on economic plane] and the second is "fraternity" [due to 'castes'
which are anti-national and bring out separation in social life & generate jealously and antipathy between caste & caste circumscribing the sense of common brotherhood of all Indians - of Indians being one people]. He wanted to overcome all these difficulties if we wish to become a nation in reality by the realization of fraternity, equality and liberty and its establishment in all spheres of life.
Finally, Dr. Ambedkar wanted the 'People' to be 'Republican,' if we wish to 'preserve' the Constitution. Also
with a resolve "not to be tardy in the recognition of the evils that lie across our path and which induce people to prefer Government for the people to Government by the people, nor to be weak in our initiative to remove them." Thus only the 'Republican People' who instal a Government by the people, of the people and for the people [and not merely for the people] is the proper way to serve the country and preserve the Constitution. (pp. 978-81, CAD, Vol. XI) Non-Implementation of Our Constitution 'due' to the non-recognition of principle of "positive rights'" of People their 'effective remedies' and "positive duties" of State, its
public offices therein.In light of all the above if we see and analyse the working of our Constitution by all those called upon to work upon it; indignantly it can be said that not even 10% of the same has been done. Whereas all the three organs of state (legislature, executive & judiciary) seem to have failed the constitution in absence of constitutional morality; the People and their Parties have to be held mainly responsible for this due to the lack of Republicanism and Constitutional methods. The glaring "socio-economic inequalities" due to the 'caste discrimination'; violation of FRs and the non-implementation of the DPs to guarantee 'right to life' (Art. 21, life with dignity and development) and 'right to equality' (Art. 14, substantial equality of both status & opportunity) to 'All' the People of India are axiomatic and require no evidence. This has happened due to the absence of "effective remedies" to abolish 'caste discrimination [and related racial, religious & gender discrimination therein]' as guaranteed by our Constitution (Articles 15 & 16(2) read with 14, 17, 21 etc.) and Human Rights covenants & conventions (of ICERD 1966, ICCPR 1966, ICESCR 1966, CEDAW 1979, CADIE 1960, ICROC 1989, ICROPWD 2006 etc.) to which Indian state has acceded to by ratifying U/A 51 C, but upon which the Parliament has effectively legislated U/A 253. 'The
International Convention on For Elimination All Forms of Racial Discrimination, 1966 ratified by Indian State on 3rd Dec. 1968 was notified only after 52 yrs. on 21st Sept. 2010CE [and 17 yrs. after the enactment of HRA, 1993 U/S 2(f)], that to after the 'immorality & illegality' of the GOI was exposed by PCDHR an institution of AIMBSCS. Till date the covenants on civil & political rights and economic, social & cultural rights, 1966 remain non-notified. The judiciary has also [not] "interpreted" the Constitution progressively, historically and philosophically. To quote Prof. Alexander Bickel the courts monopoly of Constitutional interpretation is the "counter majoritorian difficulty", or 'fidelity in interpreting the Constitution' as stated by Ronald Dworkin. Will the Parliament and Judiciary pay heed to what Dworkin said; in continuity with the 'Constitutional morality' of Dr. Ambedkar; "Constitutional law can make no genuine advance [without] a fusion of Constituional law and moral theory." (Barber Sartirios and Fleming James, Constitutional Interpretation, 2007, OUP, New York, US).
In view of the above we have decided to discuss the following subjects for better understanding & action to
realize the "FRs & HRs" of the People of India and buildup 'Constitutional & Democratic India'.
Let all People of India become Republican by joining the Campaign for enlarging the 'rights & freedoms',
preserving our Parliamentray Democracy & Constitution !
- Vijay Mankar, National Organiser, AIMBSCS
AIMBSCS, National Office; 26, Bhoslewadi, Near Avalebabu Chowk, Lashkaribagh,
Nagpur - 440017 (Maharashtra, India)Ph.0712-2655660, email : aimbscs.org@gmail.com
AIMBSCS - Constitutional Rights & AIMBSCS Legal Aid Wing.
PROGRAMME
3.30 p.m. Constitution Procession by People of India
Venue : Near Dr. Ambedkar Square, Balaghat, M.P. (PraBuddha Bharat)
Date : 26th Nov. 2012 (Monday), Timing : 3.00 p.m. to 10.00 p.m.
Subjects
1. T HE CONSTITUTION OF INDIA is not only the 'lengthiest' but also the only 'unique' Constitution in World. It was settled only in 141+166= 10 months & 5 days by our 'Drafting Committee' (141 days) and 'Constituent Assembly' (166 days). A view at its 'unique features' and the 'unparalleled contribution' of Hon'ble Dr. B. R. Ambedkar-'Father of Indian Constitution'.
2. Need of Anti-Discrimination laws, policies, institutions & offices for abolishing "caste discrimination" - related deprivation, exclusion (social), exploitation, indignities and amending Human Rights Act 1993 for giving effect to the UNGAS international covenants & conventions ratified by Indian State for "effective remedies" to realize the 2nd & 3rd generation Fundamental Rights of the People as "positive rights", to be guaranteed by the Law of Constitution imposing "positive duties" upon all the 3 organs (legislature, executive, judiciary i.e.Parliament, Government and Supreme & High Courts) of State and "public offices" their in. - The only way to realize the FRs & HRs of 'We, The People'.
3. What type of "Real" Judicial Reforms' for Making 'Judiciary', 'Judicious', 'Judicial' and render 'Justice' are
required? We propose. (i) Constituting a 'National Judicial Commission' (with Peoples representatives etc.);
(ii) enacting 'Judicial Accountability Act' (for matters of discrimination in judiciary; conduct, practices, protections, punishments of judges & judicial officers etc.); (iii) starting 'All India Judicial Services' (U/A 312 (3) for equality of opportunity to serve as judicial officers & judges); (iv) extending 'Seats' if Supreme Court of India in Nagpur, Bangalore, Calcutta, Ahmedabad etc. (U/A 130 for Central, South, East & West India respectively); (v) empowering Districts Courts U/A 32(3) & 139 to issue writs or directions or orders for protecting the Fundamental Rights of the People; (vi) reservation in Judiciary for representation of SCs, STs, DT/NTs, OBCs, RMs, Women etc. to render Justice and (vii) Rules of Conduct, Practises & Punishments for Bar Council of India and introducing elementary Constitutional, legal and HRs education from standard 5th uniformly.
4. Not allowing Parliament to Function and causing 'Parliamentary Paralysis' by the BJP + Cong. & their allies is a conspiracy to rule India without the 'will & consent' of 'We The People', subverting the Constitution to establish brahmanocracy & plutocracy in place of Democracy. W e are required to make the People 'Republican' for establishing a Government by the people, of the people,for the people [& not merely for the people] by starting 'Democratic & Republican Politics' and electing 'true Representatives' of We the People.
Also fundamental "Electoral Reforms" in first past the post system, whip system; increasing number of MPs
& MLAs, EVM slip authentication; media regulation for fair representation of opinion & people; state funding of elections, amending PRA 1951 for regulation of money, media, mafia; Commissioner for Parliamentary Standards etc. must be implemented for strengthening our Constitution& Parliamentary Democracy.
Chief Guest : Dh. Jaikrishnan, Advocate, Supreme Court of India
Guest of Honour : Dh. Dr. Shashikalawat, IAS, Deputy Sec., M.P.
Guests : Dh. B. K. Nag, Senior Advocate, Jabalpur High Court
: Dh. G. Shankar, Secretary, SC/ST Welfare Assocation,SBI, Hyderabad, A.P.
Thinkers : Dh. Chabilal Nihal, Organiser, AIMBSCS- Constitutional Rights & Legal Aid Wing, Odisha.
: Dh. Narendra Bansod, Organiser, AIMBSCS- Constitutional Rights & Legal Aid Wing, C.G.
Presiding : Dh. Vijay Mankar, National Organiser, AIMBSCS.
Thousands to attend from all over the country.
 Organised By  AIMBSCS