Copyright Registration
Account
Members Articles
lawyers Legal Advice
Forums Blogs Tags Petitions Files Chat Sites Groups
  •  
 
 

Lawyers Membership

Mutual Consent Divorce in Delhi - We provide fast, cost effective & Hassle free solution...Click here for details
                                                 Contact us at Ph no: 9650499965 (Adv. Tapan Choudhury)
Share
Actions
Rate
7 votes
Overview

Legal Eagle is a blog to keep track of current legal affairs. Also the blog reviews the loopholes in the existing laws as well as press the need for new laws.

Categories
Law Scholars (2 posts)
Is India a Democracy ?
Is India a Democracy ?
348 days ago 5 comments Categories: Law Scholars Tags: Preamble, Constitution Of India, Democracy, Sovregnity

 

The recent developments from honorable Mr. Anna Hazaare jee to Baba Ramdev, has forced me think that where does democracy lies in India? Is really India a democracy or an autocratic system within a democracy?

I am sorry to say, but there exist no such concept of democracy in India. It is only apparent that India is a democratic society, but actually it is not, which in latin maxim terms can also be termed as “quasi democratic society” (though there is no such a phrase till now). The entire democratic system in India has broken down and in real terms India is losing its “sovereignty”.

The Parliamentarians and the other law makers of this country are required to work, keeping in mind the basic spirit of the Constitution with which it was made. The central point for the flow of power, in the Constitution was “WE THE PEOPLE”. It has been clearly enshrined in the Preamble of the Constitution that:

“WE THE PEOPLE OF INDIA, having solemnly resolve to constitute India into a SOVREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC”

This means that it is ‘we the people’ who constitute India and we have resolved to make India that is our self sovereign. The real power lies in our hands. In exercise of our authority we have appointed the Government and have delegated the authority to it for proper administration. This is why we have the right to change the government, after every five years, if we feel the government is not functioning properly.

The other implication of this is that, we the people have the implied right to be heard in the making of the laws and policies. We have been guaranteed the right to speech and expression under Article 19(1)(a), which we exercise effectively. But against this right, the lawmakers have the duty to listen to our voice and give it a consideration and if they cannot fulfill it they will have to give a reason for it. Thus in other words the accountability of the Government lies to ‘we the people’.

But does it really happen in India? We don’t have a proper mechanism through which we can put forth our views, we keep on writing, keep going for protest march, light candles in front of India Gate, but at the end, result is nil. It does not make any effect to the Government of what we are saying, of what we want to say. This is the reason why people like Anna Hazare and Baba Ramdev, force the government by sitting on hunger strike, as there is no other option left with them.

It is accepted that sitting on a hunger strike is no way to blackmail the Government, but there should be some means to put our views before you, to meet you and put our demands, to provide mechanism to check the status of our complaints.

But since nothing such has been done, therefore in this context the action taken by Anna Hazare and Baba Ramdev is completely justified as “necessity knows no law”

On the contrary the Government should be charged for abetting the violence at Ramlila Maidan. There were no compelling reasons to use force to dismantle the peaceful assembly. The action has made the government, a “murderer of democracy and sovereignty” of India. These recent developments from Anna Hazare to Baba Ramdev, were actually giving life to the phrase “WE THE PEOPLE”, which were mere dead words till now. Government will have to justify its stand for such ruthless, unconstitutional and illegal action.

But if they cannot, than they don’t possess any further right to sit on the prestigious seats for the gentle Parliamentarians and ruin the name of Dr. Bhimrao Ambedkar, Pt. Jawaharlal Nehru, Sardar Vallabh Bhai Patel and lastly the father of satyagrah, Mahatma Gandhi.

Comments
Order by: 
Per page: 
 
  •  mytarun wrote 347 Days Ago (negative) 
     
    -1
    This govt is a headless chicken... how are we as a nation tolerating a Prime Minister who is invisible, never there for the people... is he democratically elected or crowned king by a higher authority
     
       
     
     
    5 points
     
  •  shishir_12 wrote 347 Days Ago (neutral) 
     
    0
    In real terms and practically the Central Government has lost the right to be in the legislature any more. The argument that there was a threat to the life of Baba is completely absured. Its a piece of advice to the government to come out with some more strong justifiable points .
     
       
     
     
    4 points
     
  •  rupa wrote 347 Days Ago (neutral) 
     
    0
    next time i see Mr. Sibal in supreme court smiling i would like the ask the perpetual smiling jack ass how does he afford to still keep smiling while his brutal action has left Ms.bala parayzed for life.
     
       
     
     
    8 points
     
  •  swati wrote 348 Days Ago (neutral) 
     
    0
    very true, i feel the same way
     
       
     
    9 points
     

Delhi Lawyer

Court Room Humour  Law Colleges  Immigration Law  Partnership firms  Lawyers Membership  Trademarks Cyber Law Sitemap Forms  Copyright Registration
Copyright © 2012 Legal Service India