After the 42nd amendment Article 32-C was further amended by making the fundamental right s conferred by Article 14 and 15 to the directive principles by giving prianacy over fundamental rights may not be coming in the way as regarded violative of the basic structure of the constitution in Minoura Mills case .The judgement of seven judges of the Hon’ble Supreme court has upheld in L.Chandra Kumar case (1997 (3) S.C.C 261).Although the constitutional maker have enshrined the expression ‘procedure established by law ‘ in determining the criteria whether the procedure is reasonable to the content of the enacted law but the supreme court by introduction of the doctrine of reasonableness transparency and the principles of proportionality apart from having the concept of natural justice embodied under Article 14 has virtually introduced in the expression due process of law in Article 21 of our constitution ;then why not such ideal laws enunciated in the opinion of the court may not be introduced as the measurement of legal duties and responsibilities in the life of legal philosophy for the ethical constant consistent with its frame work for a attending the ultimate set of social condition. The morality of the law in the pre condition for the advancement of social set-up in the society .The end of all political association is the conservation of the natural rights of the man. Thus the rights to rebellion against the dictatorial existing structure of our constitution provides for orderly and peaceful change , which is pertinent in this context .The next question as to be dealt with regarding imposition of the restriction through the power of the parliament to modify the rights of the members of the armed forces in respect of the restrictions abrogation under the garb of ensuring the proper discipline of duties has to be read in respect of the enforceability of such rights of the anti social elements who is providing disintegration, disassociation and disco-ordination amongst the citizens and whether such discipline is not required for the governance of the nation and prosperity of the people as that of those who are assigned for the protection of the unity and integrity of the nation they are being curtailed such fundamental rights while those who are indulged in the anti national activities are getting protection through our constitution .Constitution must correspond to definite social relation and the stage of social development according to changing norms and value of the society .There must be substantial change in the static and invariable constitutional classes as there is need for its renovation. The constitution must replace by the new provisions reflecting the change conditions and the needs. Duty to uphold and protect the unity and integrity of the nation as to render national resources and to promote harmony against its citizen and to abjure the violence to rise with higher levels of endeavour and achievement must be enshrined in the preamble of the constitution of India. The preamble is the part of the constitution . There is the duty for preventing exploitation of one individual by other individual . Socialism is based on each according to his ability to each according to the work ‘There is no constraint responsiveness of the public opinion so that administration may be increasingly diverse and meaningful .Democracy is not a slogan ,but rather striving to raise the level of social justice to the individual. Socialism is something different from social justice. It is not the privilege orientation to some individual ,but requires potential for upliftment of the society at large. Slogan do not solve the problem. The ornamental democratic norms set-up by some individual consisting of a body of 292 people representing the different constituent assemblies cannot fulfil the ideals and aspirations of an individual citizen till there may not be enforceable duty governing to others fundamental right in the pursuit to govern ,advance and prosperous nation. The potential resources of our country are not vested in the privilege to its legislature ,but requires to be invested to strengthen the ideological front based on the principle of equal opportunity and popular sovereignty .The social order is essentially a system of class relating. The doctrinaire approach to the problem of socialism and pragmatic view provided to enable the courts to learn more and more in favour of nationalisation and state ownership,but unfortunately the same has resulted into our 240 public sectors governed by the central Govt. and 740 public sectors being owned by state Govt. as money guzzles and the black whole in the economy of the nation. Let we should also have some enforceable duty upon the propagator of the theory of socialism through representation to their leaders as the economic justice would mean the development of more productive economy and stability to eliminate the disparity in the economic status Every legal system is required for a living society and thus our constitution must be alive .It is not merely the imprisonment of the past but it is also the unfolding of the future. It demands the most flexible and imaginative adjustment for harmonising the national and the social interest .It is a dynamic process in the function of the state craft . Thus the constitution cannot be applied in disregard of the external circumstances. The significance is vital , not formal ; it is to be gathered not simply by taking the words from the dictionary , but by considering its origin and its utility .A constitution is the principles for an expending future. The judicial approach should be dynamic rather than static pragmatic and not pedantic and elastic rather than rigid . The courts instead of ascertaining the intent may now provide some meaning to the constitutional clause by adopting ‘Due process of law’ and the attempt should have been made for maintaining a delicate balance in between the due process and procedure established under the law .The court while acting as sentinel on the quivive to protect fundamental right and the larger and broader interest of society. In India the majority is not a political majority . The majority is born ; it is not made .This is the difference between a communal majority and political majority and one should destroy it .Until and unless this thing is not been done by the adequate safeguard provided to our constitution, the oligarchic approach of our guardian ,the so called representative by the process of the election that “Damn your safeguards ,we do not want to be ruled by you “, who are these people there must be the much exposure to such people who are sceptical to public opinion and are only interested to keep on the system based on no assessment of the responsibility through the periodical assessment of the election by the communal majority in our parliamentarian system of democracy . The intelligentsia of country feels that our electoral system and parliamentary form of the Govt. are responsible to great extent to the political instability. Dissension , self interest ,moral degradation and political conflict are spreading like a wild fire. The problem of bread and butter is accrued but we proudly claim that our country is progressing towards the materialism which is destined to fall soon. The demeaned duties are accomplished by the human being of high calibre and not by the representatives of communal majority under the garb of their so called socialism. The time is ripen for its final phase . It is becoming chronic to maintain country’s integrity and unity . Some radical changes are needed to maintain country’s prosperity , integrity and unity of the Nation “Who never ate his bread in sorrow , Who never kept till midnight hours , Weeping & waiting for the morrow , He who knows ye not ,ye heavenly powers.
Posted on: Sun, 22 Sep 2013 04:26:17 +0000
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