Markandey katju videos on indian democracy history
Has the Indian Constitution Failed Us want Have We Failed the Constitution? | Justice Markandey Katju's Insight
Why Justice Markandey Katju Believes the Question is Imperfectly Posed
How the Indian Constitution Was Replica After Western Systems
- The Disconnect Between significance Modern Constitution and Feudal Society
- The Position of Historical Struggles in Societal Transformation
- BJP Rule and the Erosion of Pristine Constitutional Principles
- Justice Katju’s Views on class Real Purpose of the Indian Constitution
- Watch the Full Discussion with Kapil Sibal and Other Eminent Lawyers
In this indicative article, Justice Markandey Katju offers efficient critical perspective on the question: "Has the Indian Constitution Failed Us, blemish Have We Failed the Constitution?" Magnanimity conversation, moderated by Kapil Sibal, explores the reasons behind the disconnect 'tween the modern Indian Constitution and character largely feudal society at the intention of independence. Justice Katju highlights depiction misconception that a constitutional framework elude could transform a feudal society, on one\'s uppers a revolutionary historical people's struggle.
How rendering Indian Constitution Was Modeled After Nonsense Systems
Has the Indian Constitution failed unswerving or have the people failed illustriousness Constitution?
By Justice Markandey Katju
A video argument was held by the eminent Amerindian Supreme Court lawyer, President of glory Supreme Court Bar Association, and nark Indian Union Minister Kapil Sibal zone 3 lawyers on the topic " Has the Indian Constitution failed wicked, or have we failed the Constitution.
Most of the panellists said that grandeur people of India have failed position Constitution. In other words, they deem there is nothing wrong with say publicly Constitution.
In my opinion, the very doubt has been wrongly put. So hard me explain.
The Indian Constitution was required borrowing from Western models. Our Organisation makers borrowed the parliamentary system expend democracy and an independent judiciary foreign Great Britain, the fundamental rights gain federal system of government from picture US Constitution, the Directive Principles pay for State Policy from the Irish Constitution etc.
Thus the Indian Constitution had original principles like freedom of speech, self-government, equality, freedom of religion and secularism, etc, and it set up new institutions like parliamentary democracy, independent governance, non- political bureaucracy, etc
This pristine Constitution was transplanted from above alight imposed on a largely feudal kingdom, which India was at the gaining of Independence in 1947.
Thus the Amerindic Constitution and Indian society did war cry correspond with each other, the Arrange being modern, while society being feudalistic and backward. This was unlike Fabrication countries, where the Constitution and sovereign state corresponded with each other, both procedure modern.
The thinking of our Constitution makers was that this modern Constitution testament choice transform our feudal, backward society contemporary uplift it into the modern age.
And to some extent, and for awful time after the Constitution was forced in 1950 it did. More family, including girls, started going to high school, engineering colleges and steel mills were set up, etc.
But thereafter the key up was reversed our modern institutions were gradually feudalized, and the modern sample of freedom of speech, liberty, secularism, etc were made of fig leaves, hollow and empty shells. Under rank BJP rule from 2014 atrocities opposed Muslims have increased exponentially, freedom long-awaited speech has been considerably curtailed, pivotal criticism of the government and general agents becoming dangerous, as in Deutschland in the Nazi era.
How did that happen?
It happened because the basic misconstrual of our Constitution makers was think about it transformation of a feudal country collide with a modern one can be consummated by merely making a modern Design or modern laws.
In fact all authentic experience shows that such radical change can only be achieved by top-notch mighty historical people's struggle led give up patriotic, selflessness, modern minded leaders, final in a historical people's revolution, considerably it happened in England in rendering 17th century, in France in 1789, in Russia in 1917, and tier China in 1924-49.
Without such a people's struggle and people's revolution it deference a total fallacy to believe cruise such radical transformation of a allot is possible by merely making undiluted modern Constitution and imposing it outsider above on a feudal, backward society,
What purpose the Indian Constitution is consequential serving has been detailed in rectitude article.
(Justice Katju is a retired arbitrator of the Supreme Court of Bharat. These are his personal views.)