The lengthiest Constitution in the world; The largest fraud; does it evolve democracy
"Colonies will not cease to be colonies because they are independent", this prophecy of Benjamin Disraeli made on 05th of February 1863 at the impending American Civil War, proves hundred percent truth in relation to India. The foundation of this largest fraud of the century called world’s largest democracy as founded by the Congress was laid by none other than India's first prime minister in the form of existing constitution.
The supreme sacrifices of lakhs of patriots who came from poor working class of Indian peasentry and their trust was betrayed by the elitist political leadership implanted and nurtured by colonial rulers. The views of shri H.V.Kamath, who was member of the constituent assembly, are adequate to describe this document, he said it in a sanskrit sloka dedicated to this constitution that means " we had began to create Lord Ganesha, but ended up making a monkey" so the citizens of post-British India are all but victims of this monkey justice being dispensed by complete governance apparatus and outcome is the emergence of new class struggles in the country and organised state violence against the unarmed citizens and complete denial of justice to the victim's across the country.
The communities of the Sikhs & the muslims became worst victims of communal politics perpetuated by the colonial congress that gave birth to communal politics based on division and deception. The Congress sponsored attack of Indian Army at the holiests of Sikhs shrines on the pretext of driving out holed up militants and its byproduct BJP attacked a mosque for being in majoritarian mob to exploit Hindu vote bank sentiments, though there were neither militants holed up nor the arms.
The post British India got divided into three classes, the rulers, the ruled and the pimps. The strategy adopted to perpetuate the slavery is to isolate the community that raises its voice and project them as separatists and threat to national integrity, use planted operations to induce violence with excessive use of force to provoke public protests and provide shield of immunity to accountability for state brutalities and keep robbing the working class with odious taxes to maintain huge security establishment and grandeur of the all holy cows called organs of democracy.
Deception is one of the most powerful tactics being adopted by even the strongest of the armies to defeat the adversary and this element of deception was perfectly used by the Congress and its English leaders who pretended themselves to be Indian but were in fact the product of the vision and values of Macaullay and succeeded in deceiving the Indians with a constitution, that has all the Democratic values confined only to the 1st paragraph of its preamble but beyond it, there's nothing but all antidemocratic provisions. The provisions adopted from the defense of India rules 1914, the harshest part of government of India act 1935 and perpetuating the colonial laws and the colonial institutions has further compounded the problems of post-British Indians.
The complete governance apparatus, founded by the Britishers was with the objective of territorial control and economic exploitation of masses. The protocols practices were designed to be authoritative and ceremonial to keep people over awed and have a sense of fear from the state functionaries. The element of deception in every state institution remain so strong that covertly these institutions agenda is completely opposite to its overt principle of functioning.
The laws relating to the standards of acceptance of evidence, the powers of arrest, search and seizure and even depriving a person from his life, denying the people to assemble, denying the freedom of expression and providing complete protection from prosecution to the state functionaries for their criminal acts are some of the most important features of these laws that reduced the status of a citizen of democracy to that of a beggar or a slave when pitted against the state functionaries. The protocols and practices of colonial judiciary were also designed to prolong the trials to covertly, punish the complainants with enormous expenses and delays and give advantage to the oppressor and it continues in post-British India too.
Whether Anna or Ramdev or Arvind kejriwal, above antidemocratic provisions have been ruthelessly used to crush the democratic voices and all the state acts of brutality have been covertly protected by not making real culprits accountable by the judiciary.
.The constitution of India of 1950, one of the longest ever framed for an independent country and adopted on 26 January 1950, contained 395 articles and eight schedules in 251 pages in its official version in English language turns out to be a paradox for democracy.
We will peal off the layers of this fraud one by one by starting from the constituent assembly itself. The members of the constituent assembly had in all 217 members, out of which 15 were woman. These people were basically the elite and were never elected by the people and never represented the true spirit and aspirations of poor Indians. These members were but elected by sitting members of already existing provincial legislative assemblies that were set up under the government of India act 1935. The representation was on the basis of one member for each million and it laid the foundation for the denial of justice to the Muslims and for that they have been paying heavy price.
All the challenges that are being faced by the citizens of India from the governance apparatus comprising of the executive, legislature & judiciary , emanate out of this largest constitution of world that was described as “wastepaper” by seth Durga swaroop from central province on 19 November 1949 in the constituent assembly debates.
The apathy, corruption, criminalisation & impunity are the fundamentals gifted to Indians by this constitution by having watered down the fundamental rights. The centralised power formation, the draconian powers, vested in the hands of the President in the form of, emergency provisions, the division of powers between the centre and the states and keeping the constitution devoid of detailed role, responsibility & accountability of state functionaries, laid the foundation of pernicious corruption that was further compounded by the perpetuation of colonial criminal justice system.
Shri HV Kamath (central province & berar, general) the member of constituent assembly , very clearly said that " the drafting committee had a soft quarter for those feminine dignitaries who will preside in those temples of justice and not to the humble votaries in the temple"with regard to the equality existing in the provisions of constitution for the state functionaries and the citizens of this potential democracy, he said "As regards the equality, we find that there are some provisions which confer the same equality as we fight between a cat and a mouse, of a horse and and an ass", regarding fraternity provisions he said "As regards fraternity, I feel that we have shown fraternal love and regard for the permanent services, especially the higher services as well as the higher dignitaries of state to whom I have already referred"he was very hopeful while concluding his speech " A time will arrive when India is stabilised and strong, and I hope we will then go back to the original plan of the panchayat raj or decentralised democracy".
But today we the ordinary Indians from Kashmir to Kanyakumari and Punjab to Nagaland stand as the worst victim's of India's permanent colonial services, the institutions that are making security and justice to the common man very first casualty. The antidemocratic provisions existing in the constitution have provided the citizens of India a class of rulers comprising of the elected representatives, government servants, employees of colonial judiciary and armed forces that are completely devoid of direct accountability to the masses and using the state institutions to crush the Democratic aspirations and Democratic voices of the victims of injustice and corruption. All the state functionaries who derive not only their sustenance but luxurious lifestyle full of grandeure and pomp and show from the taxpayers money, remain on a spree to further enact the laws that can provide them immunity to accountability and further create environments to deprive the common man from participation in the democratic process.
The highest threat to contemporary India, doesn't come from the hostile forces beyond India's borders but from the existing state functionaries and especially the political class backed by the security and justice sector. If india disintegrates, it will be due to the injustices and corruption perpetrated by the existing state functionaries and we stand on the crossroads of liberty or division being thrusted upon us by none other than the existing rulers on the ruled.
It is a time for us to rewrite the democratic constitution of India to give the liberty to the enslaved and divided Indians, enslaved and divided by the Congress for 55 years and its byproducts, the other communal political parties rest of the time.
Had the colonial judiciary and the laws of lawlessness been founded to dispense justice to native Indians, all the colonial rulers would not have been able to go back alive to England with huge wealth but hanged in India itself with confiscation of their assets too.
But unfortunately in spite of 65 years of their departure, the common man of India is still the victim of deceptive constitution, deceptive coercive criminal justice system and deceptive state.
The root cause of this 200 years of slavery is though the constitution, but it is the colonial judiciary that is at the helm of this rot, though this institution has been completely rejected by the common man but still he fears this institution and pretends to respect this wild bull as a holy cow, it is time for us to tame it by democratizing it by rewriting the constitution, by repealing all the colonial antidemocratic laws of lawlessness and enacting our own laws with the participation of people from the grassroots and create an India that deserves post colonial colonialism but democracy..