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Dishonouring the Constitution of India: Has the Check and balance system failed?

by IT Web Admin
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Preamble of the Indian constitution says “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.
It is this preamble that the nation’s constitution was framed 395 articles in 22 parts and 8 schedules at the time of commencement. At present the nation’s constitution consist 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments. All amendments are done under the preamble.
The equality mention here envisages that no section of the society enjoys special privileges and individuals are provided with adequate opportunities without any discrimination. All are equal in front of law. The word secularism which was added later says that India is a country where any citizen can chose any religion.
As promise during parliamentary election campaign of 2014, where Narendra Modi spread across the country, the BJP led government has tabled Citizenship (Amendmend) Bill,2016, which allows illegal migrants from neighbouring country on the basis of religion is something which is equivalent to dishonouring the Constitution of country. The Bill says that illegal migrants who are Hindus, Sikhs, Budhists, Jains, Parsis and Christian from Afganistan, Bangladesh and Pakistan will be made eligible for becoming the citizen of the country.
This concept of accepting only some particular community (illegal Migrants) on the basis of religion is a direct blow to the so call secular character of the constitution.
Article 14 which stated that all citizens are equal before law and that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India and also prohibit discrimination on grounds of religion, race, caste, sex or place of birth.
The Citizenship (Amendmend) Bill,2016 is the direct violation of this Article 14 of our constitution.
The Bill also stated illegal migrants from Afganistan, Bangladesh and Pakistan. When it comes to the state of Manipur it is already a known fact that Protected Area Permit System which have been imposed in the state has been lifted but continue for foriegn tourist from Afganistan and China. When the country restrict tourist from Afganistan in visiting the state of Manipur, what actually is the agenda of accepting the illegal migrants base on religion from Afganistan be granted citizenship if they stay for 7 years.
This concept of staying in the country for seven years is also illogical when there are Foriegners Prohibition Act.
On the other hand, the recent post election political drama in the state of Karnataka keeps many political analysts brainstrom on what went wrong in the practice of democracy in the country. It is not because that the governor of the state Vajubhai Vala inviting BS Yeddyurappa of BJP which got single majority but fails to reach the magic number to form the government. It is about differences of the conduct of Governors  of each state which indirectly indicate support to ruling political party at the center.
The Karnataka episode had raised an issue in the state of Manipur, with opposition Congress coming up to point out that the way the Governor of Manipur invited BJP legislature leader which won only 21 seat to form government as violation of the constitutional provision. If Karnataka Governor is right from the perspective of the law of the land than Governor of Manipur can never be right and can be stated that the govenor had violated and showed disrespect to the constitution of India.
 Now the question that we as an observer wanted to know is – Where is the so call check balance of power gone? Which pillar of the democracy is going to save the sanctity of the Indian Constitution which keeps on protecting the country since the time became an independent republic.
Whether it is those with leftist or Righteous or those in the middle ideology , it is times for all to think on the matter to protect the sanctity of the Indian constitution.

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Imphal Times is a daily English newspaper published in Imphal and is registered with Registrar of the Newspapers for India with Regd. No MANENG/2013/51092


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