Must the Indian Parliament be dissolved to protect the Constitution?

After a tumultous 2011 for politics and corruption in India we should go back to the fundamentals concepts on which our Nation was created.  So here is how our Constitution opens :

THE CONSTITUTION OF INDIA

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Just look at the words highlighted (by me) in the opening preamble of the Indian Constitution. Each word in this preamble was discussed, argued, fought over, and after much debate was included in this, arguably one of the best Constitutions ever written for any Democracy. Should we not at some time ask after 65 Years of Independence ( I do not use the word Freedom deliberately as there is so much more work and conflict we will have to go through to achieve that beautiful word), ask if any fundamental words have been achieved ? And if not, is it not time, after 65 years, to stop blaming individuals or Governments.  But blame the system that has usurped Indian Democracy into self serving, power hungry groups and organizations  in complete defiance of, and in a way prostituting the very concepts that allowed the system into power in the first place.

Lets talk SECULAR.  please read the following in Section 123(3) in The Representation Of The People Act, 1951 – which lists  a number of corrupt practices for which a Candidate will be  barred from the electoral process :

(3) 1[ The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols …

Yet all elections today Regional and National elections are fought on exactly the issues forbidden by the very Constitution under who’s guise the candidates fight for power. Whether they are regional parties or national parties. Secularism is just a word to be touted in India that means nothing. Certainly not in the electoral, and therefore the democratic process. Whats worse is that we, and under the influence of our Media accept that as a fact of life and actually laud Rahul Gandhi’s political acumen when he tries to ‘divide the Muslim Votes to the advantage of the Congress in UP”. Not my words. But the words in every Newspaper and so called Political analyst in India.

What has happened to us ? Why are we not only standing by and accepting this, but arguing and analysing the whole process as if there is nothing fundamentally corrupt in it ?

Is the Constitution just a word that means nothing anymore ? How can that be ? If it means nothing then India’s electoral process means nothing, the Parliament has not legal standing. The system has becomes a Pandora’s Box that has taken over it’s reason to be. The existence of corruption has become the system’s reason to be. It serves neither the Constitution nor Democracy. In which case what gives it the right to exist expect Intertia of the people caught in a trap of ignorance ?

Which is why the Anna movement, Lok Pal or not, was so fundamental to our re evaluation of ourselves. Which is why I supported it. And continue to do so.

The Sytem has become an animal that has run amock and is loose without the reigns of the Constitution to hold it in check.  Its individuals knowingly flout the fundamental charters written in the key words of the Constitution even as they take an oath of allegience to uphold the Constitution in Parliamnent.  Surely that is a treasonable act ?? And those ignorant MP’s that kept repeating that stupid phrase ” To stand against Parliament is to stand against Democracy. Parliament is Democracy. Threatening legal action against anyone that said otherwise.

Our Parliament is not Democracy. Anything but, as recent events have proven. But lets look at more fundamental concepts so dear to our founding fathers of the Constitution :

Justice, Equality and Dignity of the Individual

After 65 yeas of the parliamentary system of course there is Justice, Equality and Dignity of the Individual. But only for those that are in a position to demand it. Are in postition to force it. There is no dignity for the world’s largest number of poor in the world that live in India, who barely manage to survive or die of malnutrition.  There is no justice system where for a mass of people for whom being drawn into a court case  means a lifetime of harassment unless you can buy your way out.

And Freedom of Expression ? Its what we all talk about  all the time when we compare ourselves to (say) China. But what the use of raising your, voice, pleading or shouting when there is no one to listen to 90% of Indians ? When I did Bandit Queen we wrote a dialog which translates as ” If you kill, don’t kill just one, kill many for then they will write about you, make you famous. Let you surrender for political gains, and even give you a pension”.

It’s metaphoric. Do ordinary Indians need to ‘kill many’ for their voice to be be heard ?

In 2012, please think. Lets debate. We need to go back to the original concepts of our Constitution. Of true Freedom. It cannot be Democracy and Freedom of the few for the few.



81 Responses to “Must the Indian Parliament be dissolved to protect the Constitution?”

  1. Navi says:

    im sure by reading some of these comments Shekhar will be sad. Some ppl here blaming WHITE SKIN, some blaming Muslims and Some hindues. Everyone just blaming each other ofr one thing or another. And tht is why we have ppl like Lalu Yadav ruling us cuz we dont knw any better. We indian ppl dont knw anything and will never do anything xot blaming one another.

    same story eveday, makes me sad when i read comments like tht. oh well…. nothing can happen. SORRY!

  2. Rahul says:

    Very good article. The problem, in my opinion is that we adopted a system setup by British especially designed so that a small group of people can control and exploit the entire nation. Our politicians continued to exploit the masses after coming into power and did not bother to fundamentally change the system. E.g. it took us more than 55 years to enact RTI. Only one PM, Lal Bahadur Shashtri, was serious about Lokpal but unfortunately he did not live very long to make it happen. We now have the opportunity to change the system and bring in true freedom for Indians.

  3. I am not one to sound pessimistic about about the pit falls on the issues raised here – be it the question on individual dignity, secularism, dignity or freedom of expression – despite these weaknesses Indian democracy & constitution, I consider, stands its ground. The endeavor to take advantage of the divides, although unethical, is obvious as they are the reflection of the reality of the social structure. I am not one to believe a holistic idea that as Constitution forbids certain act or behavior every one will follow the tenets. Constitution is an ideal and there is a lead & lag. At times society progresses far more rapidly than one could envisage at the time of framing the tenets, on the other hand in many spheres men need to work hard make sacrifices, organize movements to rectify the imbalances in the society and the divides that are too apparent. Probably we as individuals and we as Indians have not done enough to upheld the sanctity of the Constitution.

    I remember the statement of Mr. Bandukwala after the state sponsored riot in Gujarat that he was against ghetto-ism of Muslims and wanted to set his residence at a good normal residential area but after witnessing what he had to he might change his view….. its just an example.

    what I want to mean is that as individual and as a nation we must devote some of our time to do thins required for the necessary rectification of our polity.

    Thanks Shekhar you r bringing the topic up for discussion.

  4. Harb, you r wonderful in your humor but why blame politicians alone? let me tell you 95% or so are more capable than we think, they are and they are representative of the same society as we are. God forbids, if an ascetic person or a group some times form a govt. every one will understand the valuie of democracy in spite of the pit falls. We are better in democracy than we will be under the dictatorship of the most honest & well-intentioned group of prophets. I do not see a doomsday nearby doesn’t really mean I’m happy quite contrary to that I feel really sad very sad.

  5. Rudra says:

    Following from my message earlier , some Suggested Solutions for India , in its current pathetic condition of Slavery.

    1) A popular revolution of Dharmic people and establishment of Dharma at the center of the national discourse. If not this , then a Military take over is highly recommended – but I doubt Indian Military has the balls for it. They are like Nero , asleep while India burns.

    2) Completely re-wrting the ‘Constitution’ of India. It is the otherway round : It is the constitution that must be Dissolved to save the Parliament. Obsolete British era laws meant for Slavish Indians must be replaced with a simple and clear set of rules and guidelines , inline with the Dharma and the character of our ancient land.

    3) Foriegn Intelligence Implants and their Agents must be flushed out , but not before all their many Ponzi schems and Money trails are recorded and Indian Wealth recovered.

    4) Quickly and Transparently prosecute traitors and fifth columnists , ruthlessly.

    5) Disband parlimanetary form of democracy with obsolete rules that enables ‘Nominated’ , Un-Elected Prime Ministers ( Like Man Mohan Singh) ever happening again. Disband the system of having a powerless ‘President’, and Governers for each state – that is the fallover from Viceroys and Provincial Governers of the British Era. Out dated.

    6)Have a Single Parliament at the national level with a National Government – with the sole mandate to work for India’s national Interests.

    7) Limit Multi-party politics to Regional Level only. Establish Electoral Reforms with multi-party local elections , but allowing for a single National government every 4 years., such that the best candidate by consensus from North , East , West and South of the country will head this single and powerful national council.

    8) Disband the most wired , spied, booby trapped Raisina Hill and Lutyen’s Delhi as a relic of the British. Build a Simple and powerful new capital of India , with Indian Architectural Design.

    9) Get out of British Commonwealth. Demand repatriation of 10 Trillion pounds from Britian , for the genocide and Loot of India.

    10) Bring back money and create public trials of all Tax Offenders. Importantly , re-build the Indian Village as a center of Community. Enfore stringent Environmental Protection Laws. No point in Economic Development without Health.

    11) Make India a Healthy Nation. and Last but not the least , Declare in Policy terms that Economic development at the cost of Environment , Health , Character of an Individua is Criminal and Illegal. In otherwords , make everything centered around DHARMA.

    12) Inspire the rest of the world , after setting own house in order – Spread the message of Dharma to every part of the world for a sustainable world , and help create a Green and Spiritual and establish Dharma all over the Earth.

  6. Ajay says:

    Nice thoughts by Shekhar, In country like ours, the system against our ownselves (a common man) has built up so strong & deep rooted that it would require a lot to be done to shake people mindset. And we are equally responsible to it as Parliament is. The youth of the nation never ever believed they should vote. Talking politics & discuss about nation is nobody’s concern. And moreso, we are ahead in blaming once something done & not taking any learnings thereafter. Annaji & his team in his Anti Corruption campaign has brought some ray of light however the way, people are trying to derive it, not understanding the cause however trying to find out personal benefits of team itself. I believe its time, everyone should understand where we are heading to & must bring some thoughts to our mind to correct the system in anyway they can.

  7. B waghmare says:

    Dear Shekhar.
    I liked your areticle so much that i salute you.
    Now you are amonst few peoples for whom I have great respect about their thoughts are Dr B R Ambedkar
    Anna Hajare ji Kiran Bedi ji
    Arvind kejriwal and so on .
    Great thoughts India needs you IAC needs you .
    And i liked ‘I support and will continue to support Anna Hajare.
    And last sentence.
    We the few people for the few people :
    man keep on writing :
    Desh ko ap jaisoon ki jaruurat hai

  8. Harb says:

    Dear DK Bhattacharya, I did not talk of politicians. I talked of Man’s laws and Beyond-Man’s laws.

    But yes, I do not take democracy to be sacrosanct for ever. There is time for everything.

    As we grow from childhood, youth, middle age similarly culture grows. Hence the Ages.

    Now just as even in a house all decisions cannot be taken by voting for ever by say father, similarly democracy in a country cannot be for ever. Of course it may be good now but not forever.

    It is good that as of now we are saved of wars but God forbid if tomorrow circumstances change I don’t think our present democratically elected leadership will prove up to it.

    Everything in universe is interconnected, we get democracy when we need democracy we get dictatorship when we need dictatorship. Yes there are good democrats but at the same time there are good dictators as well.

  9. Shiuli dutt says:

    Very articulate and thought provoking relevant article was just curious did Shekhar Kapur study political science at any stage for he seems to have better understanding of our constitution than all our parliamentarians!

  10. Kris Dev says:

    This hypocrisy will go on and on unless we become bold to call a spade a spade and make sacrifices. For this we need to introduce total transparency leading to total accountability. Currency circulation must be banned by demonetizing all currency and instead a biometric smart card cum debit card must be made mandatory for validating all transactions. Make the transactions transparent on the web. Build in enough security for the data and transaction. Leave a permanent audit trail. By this no one can fool any one; and even if they try to do, it can be uncovered at any time and reversed. the public will become the watch dog of society. This will create a level playing field, equality of opportunity, all round peace and prosperity. There can be no corruption, money laundering, arms and drug trade, terrorism, etc. We can create all round peace and prosperity, heaven on earth!!

  11. Rudra says:

    @Kris Dev,

    What you are suggesting is naive and is an example of why so called ‘ educated ‘ Indians lack real knowledge or any strategic sense. Most of their thinking has no depth nor originality. Aping the western methods or copying them will not solve India’s unique problems. One has to understand india’s Ethos , before piping up with a solution.

    biometric smart card cum debit card , implanted or otherwise , is a serious affront to personal dignity and freedom , apart from a National Security Threat.

    The so-called Unique ID scheme now in place , headed by Nandan Nilekeni , is a DISASTER in the making. I have researched it and am not satisfied and most Indians are like ‘ BAKRA’s , for this devious scheme.

    First of all – biometric data is non-conclusive and can be tampered with , secondly , given the present state of Indian governance ( ie , Total Invasion by Foregn Intelligence Agencies of our Executive and Media ) , India is effectively under foriegn control.

    The personal data of millions of Indians , thanks to the UID scheme is going to be in the hands of Foriegn GOvernments/ Agencies/ Cartels that control Indian Government.

    This is happening in broad day light ‘ in your face’ and yet the so-called ‘ Educated Indians’ dont even seem to be conscious of it .

    This is the characteristic of a population fit for Slaughter houses , People are happy like the animals that are happy grazing on their way to the Abbotoirs.

    What India needs is a Massive RESET . It can happen either through a popular revolution or a Military take over., or Divine intervension – which might not be different from the other two !

  12. chetna lalwani (@ChetnaL) says:

    WELL I agree with you sir!!! India was known for its religious content!!! it was our heritage since the Indus Valley Civilization!!! but look now any one comes divides us in name of religion, caste ,creed we get divided fight and people take the benefit!!!

  13. PRASHANT RAJPUT says:

    Frankly , whatever i had thought about this article based on the frequency of its circulation across Twitter , has dashed after reading it. I am of this firm opinion that it is “QUIXOTICALLY-INTERPRETED” of the constitution because no relativity has been inculcated while analyzing the materialization of all the promises made in the Constitution. Even in the US , Race plays a major in securing votes thereby Variations be it Castes or Religion will always play a role perhaps trivial if not major. I am disappointed at the observation mentioned about MPS’ that they are “IGNORANT”, sorry but they pretend to be so. Whatever they utter with impunity is because it assists them no matter how rubbish it seems to us. By MPS’ interpretation which is “Democracy is Parliament and Parliament is Democracy ” any Intelligent individual can comprehend that this biased and reinforcing the authority of Parliament even on democratic principles. Parliamentary Democracy is what we have whereas Anna’s Movement is against the rotten system that has born by its misuse thereby we are heading towards Participatory Democracy by pushing our demands and get legislation around them.

  14. My dear Harb,
    Thanks u have joined issues. Primarily I I liked your punning and actually appreciate your sense of humor. Some times I feel that it is not democracy but a mobocracy is running in India. I’m angry & sad but tell me is there a better ism that has proved to be better. well pl. do not look westward – see on the other horizon too. Accept that India is a big country with v.v. high density of population. if they are a burden they are an asset too. India is a developing country and under development has some obvious diseases & you can’t wish away them.
    And well, even if consider Indian democracy one of the worst can u jump on the extremes of a dictatorship or an army take over! do any of us have an experience of living in a society run by Army or by a dictator?
    everybody in civil society or in the comparatively elite section of the society have started talking about Lokpal. Fine there is nothing wrong in it. But do you really believe that will be a panacea and can guarantee a corruption free society? v. much doubt if there is one foolhardy to really believe it. We have many democratic institutions unfortunately they are not functioning in the manner as desired. But many a one crusading for Lokpal peculiarly wants that it should be autocratic without really understanding what they really want. Even at the expense of me sounding a bit ridiculous I would like to say Jana Lokpal instead of solving any problem will be starting inevitably a new type of bickering. We can and should have Lokpal or ombudsman, make experiment with it. Mr. Anna is a conscience raiser he has done his job. Let the Parliament take over from here. We can strenghthen the office of CAG & PAC – that may help. Again I say here there is lead & lag – we have to go through it.
    For my friends who are talking of a theological or Hindu revivalism they are really in fools paradise. You can not reverse the clock back. Movement of time is from present to future.
    Shekharji, to start with it was your baby do please interfere so that the debate does not go way-ward

  15. Rudra says:

    @D.K Bhattacharya,

    If you are so ashamed of you Hindu identity , formalise your slavery or conversion. Time is always cyclical – History will bang your dull head many times and still slaves like you wont get it. Read your Aurobindo and Vivekananda , instead of slobbering at the feet of European Marx or Chinese Mao or Italian Antonia.

    By the way , Fool’s paradise is better than a Slave’s paradise.

  16. Rudra says:

    Shekhar,

    I’d like to send a series of interesting pictures..how can i do that ?

    Thanks
    Rudra.

  17. Rudra says:

    Shekhar , I mean to post them as part of my message. Can you ask your webpage designer to allow the message box to be html compatible , so we can add images ? Thaks.

  18. shekhar says:

    send them rudra, and I will speak to my web admin, i am not that tech savvy, shekhar

  19. Inder Gopal says:

    Why the current situation? I personally feel Judiciary for reasons best known to them is responsible for all this in our country. The trait of dominating, creating wealth and power over other humans is primitive nature of human beings. In modern times judiciary has risen especially in western developed nations to curtail this with in their legal boundaries to see that they remain under control and work with in the constitution.
    Here no punitive actions are taken to punish the so called powerful well connected people, be it administrators, netas, corporate, high profile rogues/gundas, terrorists. The courts have, even when sensing things are wrong/helping these guys to escape, do not over rule and take their decisions. They say they go by what is written in the constitution/rule book, but such blatant purposeful by passing the written Constitution they for reasons best known to them just over look and ignore.

    If quick punishments with long term jail, impounding of properties and monies of the wrong doers (netas/corporates, etc) are given and effected we would find a miniscule percentage left who would still attempt to do things that are unconstitutional. There is always a certain percentage of gamblers but the rest will fall in line.
    Why judiciary does not do it is a mystery? Why Sukhram, etc got bail when first he tried to plead through his lawyers that he is in coma but faced with NBW he was there, the coma vanished. Judiciary needs to be taking their call many a times not based on what is being presented by agencies diluting to the save their masters.

  20. Arjun says:

    We must elect our Prime Minister directly.

  21. I am a Hindu, Bengali, Brahmin by default not by my choice. So I can neither be proud no be ashamed. As a person with some grey matter I can neither hate be it Marks, Mao, Keins, Amatrtya Sen or any other present or past intellectuals. We feel that society needs to change – but how? – is the question. well if it can really change for the better by reversing the clock let this be done who r capable of reversing the clock. I on my part will be quite happy if things change for the better as our constitution makers like BR Ambedkar and others envisaged. Why get angry with me dear Rudra. domt u allow me even freedom of expression!
    I am agreeable with Pradeesh, his submission being balanced and appreciate Harb when he terms laws as in-laws – nepotism is if not mother is a big brother of corruption. The debate needs to be stronger bringing in some good intellectuals in the rank.

  22. Rudra says:

    @D.K.B :

    I dont know what you mean by ‘ reversing the clock’ ? If you cannot ‘hate’ Marx , Mao , I am sure you cannot hate Hitler or Raavan or General Dyer either.

    Somehow the educated indians , Bengalis especially , have sold their soul to Anti-India intellectual forces. This Moral Ambivalence or Cowardice , couched in good English or in some twisted logic is called ‘ Intellectual Subversion’. It comes with ‘Moral Subversion’.

    As has been repeatedly shown through out history , in a battle between Dharma and Adharmic forces , there is no scope for moral ambivalence and namby-pamby chickening.

    You say you are a brahmin – on what basis ? by default as you say , you are so pathetic , you don’t even have a little bit of pride in your potentially lucky condition , in that , you may have access to the advanced dharmic sciences. Considering you are an unfortunate soul born into a brahmin family ,and are so ashamed of it ,and have no clue about your own cultural heritage and hence are unfit to learn let alone transmit or teach it , you are not a brahmin at all. Just a pathetic excuse for one.

    India is not defined by Ambedkar or Nehru or Gandhi , it is defined by Dharma. Constitution does not define India, Dharma does.

  23. @Rudra
    A fine drubbing, I accept with all humility what u said ab me coaxing me & the Bengalees in general with chaste language. In fact, in-spite of me I’m becoming an ardent fan of your good self for the force of your language & belief. What u wrote on January 6, 2012 at 8:27 pm – excepting the last two lines I almost entirely agree with u and very much appreciative of your knowledge on the subject – it was on Biometric smart card etc. & your knowledge input on the matter is highly appreciable.

    And to tell u frankly it augers well that there is some heat generated in the discussion. However I am not changing my views. It is in the hand of history to prove how wrong am.

    But are we not drifting from the real issues raised by Mr Shekhar Kapoor? One of them is Freedom of Expression. Alas!!

  24. Rudra says:

    @dkb,

    why are you crying so much about ‘ freedom of expression’ ? did someone gag you? What accirding to you are ‘unreal’ issues?

    Hand of history? It does not exist- only for fatalists like you it is a real hand! Instead of waiting for ‘history’ to prove something, if anything it will prove that useless life wasters like many ‘educated’ indians will be repeatedly enslaved, because they cannot man-up and create a new history.

    History will do nothing for you, mr. Dkb, you can be sure of one thing : as you wait for history to prove something, it will deliver you into your slavery and , the slavery if your children and their children. And you can bet they will curse you and your generation for gifting them slavery as heritage.

  25. @Rudra
    Thanks for commenting. Yes there are some people who r epoch making. They can change the course of history. Hope you r one of such.

  26. @Shekhar Kapoor
    Many thanks for opening the discussion on such an important subject concerning Poor & rich intellectual or mighty few & many humble souls who do not even know a language or doesn’t have expression lingo by which they may express their feeling. You said ab a dialogue in The Bandit Queen. I did notice it & discussed with friends about the message u wanted to give. I appreciate the rugged expression u used which was just for the story line & the issue u had been dealing.

    I will appreciate if you make yourself available in course of the ongoing discussion/debate and intervene just as a Master (like play director) in an ALCAP play form (the art form is seen extremely rarely now) steers the course of the play to follow the main course, while allowing the main script to drift to some extent to enrich it by voluntary participation of the local audience/spectators. Do pl intervene. Regards

  27. Rudra says:

    @dkb and ilk,

    There are no ‘epoch makers’. Lazy People call the earlier dead and gone people who lived life based on self-effort , ‘ epoch makers’.

    You are changing the history yourself , by your sense of worthlessness . Thats one. TImes one Billion , is a whole Country. And it explains why India lost battles , let every beggarly rongue walk in and piss all over you. Wake up , Man. You are the history maker – right now you are making a very pathetic history. If you can’t , go die of shame.

    But , maybe like most ‘educated’ indians , you are beyond that too.

  28. Dalip Singh says:

    Good one Shekhar.

  29. Seems a fatigue creeping in. No firework for a fortnight. It has now become an abundant child.

  30. Rachit Jawa says:

    Only upgradation is required..anything not updated gives problems, so is the case with this system..

    FOR THE UPGRADATION, COMMON PEOPLE NEED TO CONTRIBUTE..

  31. An intriguing discussion is worth comment. I think that you should publish more on this issue, it may not be a taboo matter but typically people do not discuss these issues. To the next! Cheers!!

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