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Saturday, November 28, 2015

THE CONSTITUTION OF INDIA [3] AN ASIDE

THE CONSTITUTION OF INDIA
[3]
AN ASIDE



Innamburan
November 28, 2015


This series focuses on gaining the attention of the youth, particularly those taking up the challenge of the IAS etc., competitive examinations. That purpose is best served by inserting Asides now and then for updating, discussing  current scenario and thus, placing things in perspective. We shall, therefore, come to Kesavananda Bharathi in the next round.

The print media is brimming today, like the Chennai lakes, with the torrent of words heaping praise on the Constitution of India -  tautological, rhetorical and and argumentative. It looks as though the ruling party spoke of the virgin Constitution  of 1950 and the Opposition spoke of the one, pockmarked by amendments galore! The Prime Minister did, in a conciliatory tone, make a point  about consensus being more important than majority rule;  he considered the Constitution holy and wished to assure the  underprivileged of the protection. Characteristically, he took up the cudgels against Indira Gandhi, who  had  suspended the Constitution and convinced a pliant Supreme Court that people had lost their right to life and liberty during the Emergency. My piece on the Emergency in Tamil ( The Electric Fence) is attached for those who can read Tamil. Arun Jaitley is stoking the fire of controversy on articles 13, 29, 30, 44 and 48 - rather unwisely! I shall now turn the heat on the spirited, redundant and politically tinged outpourings in the Law Day function on the Supreme Court lawns - the Attorney General of India missing out on 'secular’, foretelling of confusion if the Constitution is stretched beyond what it means ( that is the rub, though!), thus wearily trodding Rajnath’s astounding disclosure of Dr.B.R. Ambedkar’s intentions. The Congress party cried foul as they had planned to delve deep and deliver orations only on the Republic Day.

All this was followed by a cryptic comment by Chief Justice Dattu intoning,

"Final word of governance is not with us (judiciary). It is with the people.” .

Thereby hangs a  tale: Kesavanda Bharathi and a Pandora's Box

(contd)
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