Answers

2015-12-02T14:37:52+05:30
If India were to try and draft a Constitution today she would almost certainly fail. The significant achievement of India’s Constituent Assembly is that it created a Constitution which has survived.Pakistan’s assembly took seven years to draft the country’s Constitution (1956), which collapsed in 1958 and again in 1969, 1978 and so on. India’s Constituent Assembly had men of genius with vision, passion, integrity and patience who were not angling for power. Let no one trivialise their foundational achievement.India’s Constitution has been amended around one hundred times.The crucial question is: is a Constitution in a state of being or becoming? Is it static, or does it need to change with time? Essentially, the amendments fall into four categories.The first: social justice and reformist amendment for agrarian reforms. A second set of changes re-wrote the map of Indian federalism by creating more and more states. What an achievement! The third area of changes was Indira Gandhi’s infamous amendments, including those during the Emergency. The amendments were opportunistic, self-serving and constitutionally disgraceful. It is no wonder that the SC turned round to her in the Basic Structure case to say: “No more Mrs Gandhi, no more, you can amend the Constitution but not alter its basic structure”. The fourth class of amendments was corrective amendments. Our politicians were abusing the Constitution. President’s Rule was imposed 100 times – mostly to topple state governments
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