Tuesday, 7 June 2016

DICTATION EXERCISE - 8

I deem it a great privilege and honour to welcome you all to this historic occasion in this special sitting of this august House to commemorate the 125th Birth Anniversary of Dr. B.R. Ambedkar. On this day on 26th November, 1949, 66 years ago, the Constituent Assembly had adopted the Constitution of India and now this day is being celebrated as the Constitution Day. Let us at the outset pay our homage to the revered memory of Dr. B.R. Ambedkar, the Chairman of the Drafting Committee and the principal architects of the constitution and also to the memory of all the sagacious minds who were the distinguished members of the Constituent Assembly who with their political acumen and wisdom laid the foundation of the vibrant democracy in our country.

It is most befitting that we should have a two days (140) special sitting of the House during the Sixth Session of the Sixteenth Lok Sabha to discuss our commitment to India's Constitution. (160) Our Constitution is our supreme national document which reflects the values, ideals and our thoughts which are embedded in our national conscience. This is also manifestation of age old ethos and ideology of Indian society and it is the main protector of the Constitutional ideals, values and rights of the citizens. Recognizing the centrality of the Constitution in our democratic polity, let us today bow our heads in reverence to the founding fathers of the republic who bequeathed to us this monumental document. The first Law Minister of Independent India, Dr. Ambedkar was also the chairman of the Drafting Committee of the Indian Constitution which comprised eminent luminaries like Shri K.M. Munshi, Shri Alladi Krishnaswamy Iyer, Shri N. Gopalaswami Ayengar, (280) Shri Madhav Rao, Md. Saadullah , Shri B.L. Mittar, Shri D.P. Khaitan and Shri T.T. Krishnamachari. I would like to make a special mention of Shri B.N. Rao who had presented that draft of the Constitution on which the (320) Drafting Committee of the Constitution worked under the Chairmanship of Dr. Ambedkar. Combining tremendous foresight and erudite scholarship, they elaborated the philosophy and wisdom behind various provisions of the draft Constitution. The ideals and principles as enshrined in the Preamble to the Constitution set out the fundamental nature of our Constitution. The Preamble begins with the words 'We, the people of India' which places the people at the centre of our democratic setup. The Preamble declares that we have given to ourselves this Constitution to constitute India into a sovereign, socialist, secular democratic republic and set out the basic principles (420) of justice, liberty, equality and fraternity to be granted to every citizen in their dealings with the State and with each other.

During the last 65 years, our Constitution has risen to the time and occasion. The ideals and values set out by our Constitution are the soul of our vibrant democracy. Our Constitution has established the rule of law (480) and has steered the direction for achieving social, economic and political objectives. The ideals and values of the Constitution have strengthened the social fabric of our democracy giving stability to its political democracy. I hope and believe that we can strengthen the basic concept of unity in diversity in our political set-up by adhering to the enlightened values set out by our founding fathers. The constitutional jurists have identified various features of the Constitution as basic or fundamental to it. (560) The most important of these include the parliamentary system of government, Fundamental Rights, Directive Principles, secularism, the protection of minority rights , federalism, republicanism, the people as masters of their destiny, independence of Judiciary and the power of judicial review. The basic structure doctrine has evolved over the years and several features have been progressively incorporated that cannot be tampered with by any organ of the state. In that sense, our constitution is partly adaptable to the changing times and (640) partly immutable especially in its basic nature.

In adopting our Constitution, our founding fathers have chosen parliamentary democracy as the system of governance for the nascent Republic as in the parliamentary democracy, the assessment and evaluation of the Executive is carried out on daily and periodical basis. On one hand, the daily assessment is carried out by hon. Members through (700) different parliamentary instruments like Parliamentary Questions, Resolutions, No Confidence Motions, Adjournment Motions and debate.  On the other hand, periodical assessment is carried out by voters during elections. The Draft Constitution while recommending the parliamentary system of governance has given priority to more duties over more stability. India is, indeed, recognized globally as the largest democracy in the world as the centrality of the people in our democracy has been attested to by casting their votes with their discretion and wisdom in sixteen General Elections and have also changed the governments eight times ensuring smooth transition of power. Undoubtedly, our people have (800) successfully worked a democratic constitution and shown our commitment to a democratic polity and democratic way of life.

Here, I would like to quote our first President and chairman of Constituent Assembly Dr. Rajendra Prasad who had expressed his unflinching (840) faith in the democratic maturity of the people.  I quote: "Some people have doubted the wisdom of adult franchise, personally, although I look upon it as an experiment the result of which no one will be able to forecast today, in my opinion, our people possess intelligence and common sense. They also have a culture which the sophisticated people of today may not appreciate, but which is solid. They are not literate and do not possess the mechanical skill of reading and writing. But, I have no doubt     in my mind that they are able to take measure of their own interest and also of the interest of the country at large if things are explained to them." Our Constitution, while (960) focusing on Fundamental Rights, has guaranteed equal rights to all citizens. It grants each person the freedom of faith, religion and worship. (980) Top of all, it provides direct access to the highest court of the land to enforce any of the Fundamental Rights whenever and wherever they are infringed or suppressed. We have a liberal polity which ensures the trinity of 'Liberty, Equality and Justice' as central to the scheme of governance in our democracy. Common good is as important as individual rights and freedom. India has successfully assimilated the unity in diversity in its institutional democracy. The impact of the civil society and citizens' network is part of the process of our policy formation. The criticism and dissent are a part of our democracy especially through media and intellectual discourses.

It is pertinent to mention the words of Dr. Rajendra Prasad in the debate of the Constituent Assembly in this context: "We have prepared a democratic Constitution. But successful (1120) working of democratic institutions requires in those who have to work them, willingness to respect the view points of others, capacity for compromise and accommodation. Many things which cannot be written in a Constitution are done by conventions. Let me hope that we shall show those capacities and develop those conventions." The Directive Principles of the State policy in our Constitution seek to secure and protect a just social order. Social justice and inclusive development are central to our development programme. There are various provisions in our Constitution to strive to achieve them in an atmosphere of social harmony. In our Parliamentary democracy, it is endeavoured to ensure peaceful co-existence and progress of all communities irrespective of caste, creed, religion and language. People of all faiths, sects and ideology live in our country. These are our social ethos, culture to (1260) have respect for each other’s views and promote goodwill for all religions. Over the years, democratization at all levels and (1280) across different sections of the society has deepened our democratic experience. The heightened political activism has brought into focus the interests and the aspirations of the hitherto marginalized sections. The dramatic increase in the number of political parties representing a diverse range of interests has also accentuated the federal character of our polity enabling us to maintain unity in diversity. The alliance governments completing their terms are indicative of our political maturity. In the presence of political parties in large number, the representation of as many as 35 parties together with independent leaders is a testimony to our political pluralism and strength of our democracy. Our Constitution provides for strong institutions as the fundamental pillars of our democracy. (1400) Most importantly, the three organs of the state - the Legislature, the Executive and the Judiciary - while being separate institutions, are the creation of the Constitution and draw their authority from it. The Constitution visualizes all the three organs of the (1440) State to work as coordinate partners in ensuring good governance. It does this by providing exhaustive provisions to give more certainty and stability into the system so as to prevent them from becoming competing centres of powers. It does not contemplate any assumption of the roles and functions of one organ by the other and respect each others jurisdiction. They will continue to do so in future as well which is what is expected from them. I am glad to say that the flexibility in our Constitution has enabled our Parliament to initiate and enact various amendments to the Constitution (1540) having far reaching significance. It has made possible for us to institute affirmative action measures for the socially and economically backward segments of the society together with provision for equal justice for poor and marginalized sections and free legal aid. It has also enabled us to have right to education as fundamental right in our Constitution. (1596)