why we should trust on the constitution
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The institutions envisioned by the founding document of the republic have shaped India’s polity. These have made the common people aware of their rights and abide in the democratic process.
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In the Constitution we trust
The institutions envisioned by the founding document of the republic have shaped India’s polity. These have made the common people aware of their rights and abide in the democratic process.
Written By Ravi Shankar Prasad |
Updated: January 22, 2018 4:53:54 am
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Indian democracy has a beauty of its own, which I have seen closely in my experience as a student activist and in my political life for more than 30 years. (Illustration: C R sasikumar)
The Indian Constitution and the institutions that it created have allowed the Indian democracy to thrive. One such institution has been the Election Commission of India, which has played a stellar role in the consolidation of Indian democracy. After granting the right to vote to every adult citizen of India, the makers of the Constitution felt it necessary to guarantee effective and impartial exercise of the right to vote by citizens. That is how they decided to create an independent Election Commission of India for conducting elections, which was given a separate statutory existence.
The magnitude of the conduct of elections in India is a challenge to any institutional framework… There was a time in the history of Indian democracy when the electoral process suffered due to violence and electoral malpractices such as booth capturing or denying opportunity to vote to political opponents by using forceful means. Indian election system has since become mature. Now, events of booth capturing or tampering with the election process have become few and far between. We are happy that technology is being deployed in ensuring free and fair elections.
Two more important institutions of India have equally contributed in the evolution of India’s constitutional and political journey. The first obviously is the judiciary. We are proud of the pivotal role played by the judiciary in upholding the fundamental and other rights of common citizens. In our journey of the last 70 years, many complicated issues of race, region, religion, ethnicity and empowerment arose. Many of them landed for adjudication before our courts and our judiciary, from high courts to the Supreme Court, pronounced thoughtful and learned judgements, which in many ways acted as a great balm to challenges of competing emotions.
Public interest litigation is an important innovation of India’s judicial system to uphold the rights of the marginalised and deprived. While the extraordinary contribution of this novel experiment cannot be minimised, yet there is a need for caution, namely, that this extraordinary tool in the hand of the poor and deprived to seek genuine accountability should not be misused for extraneous reasons. Even the Supreme Court in many of its judgements has disapproved of the frequent abuse of this forum.
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