“ We have got a habit here always of relying on the Government. We look to the Government for everything except to be taxed heavily ”-- Jawaharlal Nehru (1984:588)
Constitution of any country would be a sacred,ultimate, first and foremost statutory authority which in a true sense mandates a frame work that how a country to be governed and for whom? where every citizen has to abide by, and no one is above it even the constitutional mechanisms established by it in order to fulfill its objectives and visions enshrined in its preamble. Our constitution has been successful in establishing democratic constitutional mechanisms and stood against the test of difficult times and odd crises except the attempts occured or created against fair implementation.
Our constitution most of it has been devolved from Westminister model of English Constituiton which has been regarded as the mother of all parliamentary democratic systems for responsible governance through executive under the supreme authority of Parliament where the Government is answerable to elected Peoples Representatives. As everybody knows that our constitution has established the highest offices of governance – Legislature, Executive and Judiciary. Our constitution’s soul, for which, much has been debated and finally resolved to adopt, can be seen briefly in its Preamble which delineates the resolved objectives and vision as represented in Constituent Assembly. As been known, the Preamble mandates every citizen and its consequent Articles and Fundamental Rights and Fundamental Duties, which it contains, ought to be implemented to achieve the Objectives and the Vision enshrined in Preamble, that, resolves to establish India into a Sovereign, Democratic, Secular, Socialistic Republic. Besides, as laid down in the Preamble, to achieve the constitutional objectives of -- Justice, Liberty, Equality and Fraternity.
Any constitution is only a Supreme authoritative document to be interpreted for scholarly ‘reputation’ in public domain and in higher educational institutions unless the Objectives enshrined in Preamble are actually been implemented judiciously. Naturally, any result of any action usually can be guaged through its implementation that speaks for itself to connote in reality how the implementation mechanisms actually been performed according to the objectives of Preamble. And also exposes the due performance attended by the Government in achieving in true Vision. The implementation mechanism is a an agency administered by the Government through its Staff and Finance to lay a procedure to implement where in the services to end beneficiaries—usually citizens; for whom the entire mechanism is for-- should be delivered free of cost, except otherwise law requires to charge. When we say Government or system of governance, which indicates that the administration provided by “Individuals” as Politicians, Bureacrats and Staff according to laws in force--mandated by legislature’s approval by majority represented by elected Political parties and also the Party in Power to run the Govt. -- in carrying out their duties to implement the Laws and Constitutional obligations such as Equality and Social justice. Every individual in his/her individual capacity has certain opinion as ‘What to think?’ or ‘What to do?’ or even ‘How to act for what purpose?’. An individual may having been a human may have inclination towards a Philosophy or an Ideoplogy he believes in yet represented through systems of governance at various hierarchies, even at delivery points.
1
As Dr. Ambedkar attributes to Prof. A.B. Hart in his report as evidence before the Southborough Committee on Franchise: “ The most difficult and the most momentous question of Government (is) how to transmit the force of individual opinion and preferences into public action. This is the crux of popular institutons” (1989:247). Effective implementation of constitutional obligations can only be envisaged through individuals representing Government/Administration who are at different levels to carry out and to deliver impartially irrespective of any bias towards Ideology or “Others” factors—in India: Caste and Religion. Given the history of Caste and religious discrimination against targeted groups in india, it would be futile to expect the fair implementation of constituitonal and legal obligations to carry out.The effective and fair implementation can only achieved when there is a system of checks and balances where by allowing People to take part in implementation and decision making to represent their views and opinions because as Individuals they have their own way—otherwise may hurt their long held sentiments; of looking at things and expectations regarding how to implement to develop themselves.
Government is always an inclusive activity to represent the views of majority in any democratic nation because ‘popular government is not only government for the people, but, by the people”(Ambedkar 1989:247) where in the people not just as electors during the election but also during the governance keep constant watch at the government mechanism in order to, as in required, persuade the implementing officials and bringing out injustices into public sphere. Which is nothing but allowing people—because in democracy Government is ‘by the people’-- to participating during governance to achieve their constitutional objectives-- Equality and Social Justice—because ‘ government is the most important field for the excercise of individual capacities, it is in the interest of that no person as such should be denied the opportunity of actively participating in the process of Government’(Ambedkar 1989:247)
Social Justice: Through Inclusive path:
The concept of social justice has significance only when their are disparities among people,whether occured due to historical negligence or targeted, intimidate discrimination for centuries. When people, particularly indigenious or inhabitant, are being reduced to a level of 'Subjects' instead of treating as Citizens even in twentieth century where entire world even United Nation never though of. The term ‘Social Justice’ itself connote the aspiration of something that suppose to ‘bring about.’ It also means something which was not prevailing that makes to think to ‘bring about.’ In this case we can take that something to ‘bring about’ is “Justice” which was not prevailing. It is categorically clear that when the demand for social justice arise that to ‘bring about’ the “Justice” which is not prevailing to the people who are demanding—Victims. The people who are demanding justice are those “victims of systematised discrimination” working within system of apparent governance: in accessibility to essential lively hood resources; proper educational facilities and environment; to relegate or control that they should not think more than their daily bread in skewed dreams living in narrow slums. If they gets everything on par with ‘others’ it may leads to imbalance for ‘Others.’ This is contrary to, as Ambedkar said, the Government is not only ‘for the people’ but also ‘By the people’ that requires to represent the views and aspirations of people—indigenious or inhabitant-- who are in majority to decide the national factors by allowing into the system for ‘Fair’ and ‘Just’ governance. Because ‘to express the same in a different way, representation of opinions by itself is not sufficient to constitute popular government. To cover its true meaning it requires personal representation as well’(Ambedkar 1989:247).
2
Popular govermment meaning also can be seen in other dimension that by accommodating the views and aspirations of victimised poor into the system of governance where they are being given a chance to serve for society; for themselve by protecting their rights; for cross checking the balance enshrined in the constitution to bring about social justice that could meet the aims and vision of our Constitution’s Preamble. As stressing the popular form of government, When Dr.Ambedkar was appearing as evidence to the Southborough committee on Franchise and presenting his report of the Reform Committee (Franchise) in 1919, he demanded the Committee to accommodate the same principle in the scheme of Franchise and Constituency because ‘ for a franchises and constituencies for a popular governments in india, it provides for both, i.e., representation of Opinion and representation of Persons.’(Ambedkar 1989: 247)
This implies that a popular government can only represents the true opinion of people who are away from social justice for centuries by accommodating them in Person in the system of governance at all levels—particularly at delivary points of governance where people actually meet regularly with state mechanism as: dependents or beneficiaries or citizens. If the staff remaining at the delivery point and could not deliver the service despite the instructions of higher authority, it affects the citizenry which again boomarang as anti-imcumbancy against ruling party. What to observe here is the “Staff” at delivery machanisms at different hierarchies—particularly in Finance related points on which most of the victimized poor desperately depend upon—of state are actually deciding the fate of any government irrespective of any party at ruling.
This desperate dependency of victimised poor may be thrown into a pathetic condition that leads them only to listen to the “Staff instructions” which produce devastating results to any form of government rather than popular government. If there is no proper and just representation to any Religion or Caste or Region, then the governance does not fit into the category of popular government and the decisions taken by such government does not represent the majority views which finally culminates into a puppet government virtually run by “invisible hands” who does not claim any responsibility to the Legislature or the Parliament besides all their ‘desiresed’ or ‘vested’ actions becomes official instructions in the guise of ruling party decisions who for no gain has to face the curse of the voters in elections at the cost of irresponsible, “Invisible Official” governance where in themselves becomes the ‘Government.’ Who usually, in India, reflects the views of “Few” against ever dependent systematised poor existing on the ‘desires’ of Few as just as mere voting machines to even get their constitutionally allowed benfits at the mercy of “Few.”
Here, the term popular governance truly reflects that any government, if the constitutionally allocated benefits to reach their beneficiaries effectively, should be in a popular form that can only provides social justice by giving power to themselves at the delivery points to deliver effectively without any discriminatio: Caste or Religion or Region even Gender.Given the fact social justice depends upon the form of popular government , in India ‘success in this task will ultimately depend upon the accuracy of the defacto conception of the society which is to be given the popular form of Government.’ (Ambedkar 1989:247) because India as a Nation not a homogenous society and it would be hard to expect social justice for the systematically victimised poor to remain ever dependendent upon State “Delivery Official/Staff and their Desires” for getting their just and constitutionally allocated share.
3
Only answer to this is to give representation to the defacto social section in the governance that reflects and answers the questions and problems themselves without depending on any others’s “desires” to get their constitutionally allocated share. If to know about the defacto society in India, As, Ambedkar terms in Lord Dufferin words:
“ population... composed of large number of distinct nationalities, professing various religions, practising diverse rites, speaking different languages, while many of them... still further seperated from one another by discordant prejudices, by conflicting sources of usages, and even antogonist material interests. But perhaps the most patent characteristics of our indian cosmos is its division into two mighty political communities as distant from each other as the poles apart -- on the one hand the Hindus -- with their elaborate caste distinctions-- on the other hand, the mohammedans – with their social equality. To these must be added a host of minors nationalities most of them numbering millions – almost as widely differentiated from one another by ethnological or political distinctions as are the Hindus from the Mohammedans, such as Sikhs, with their warlike habits and traditions and their enthusiastic religious beliefs, the Rohillas, the Pathans, the Assamese, the Balicchis and other wild and martial tribes on our frontiers, the hillmen dwelling in the folds of Himalayas, our subjects in Burma, Mangols in race and Budhists in religion, the Gonds, Mhars, Bheels, and other non-Aryan people in the centre and south of india, and the enterprising Parsees, with their rapidly developing manufactures and commercial interests. Again among these numerous communities may be found at one and the same moment, all the various stages of civilization through which mankind has passed from pre-historic ages to the present days.” (1989:247)
If social justice is to be achieved with out any prejudice or bias there should be a popular government which reflects the defacto social fabric to not only effective representation but also to maintain checks and balance that no such discrimination could takes place either by ruling party or any bureaucratic ‘malfunctioning’ within the system of governance. Because given the nature of defacto society where the “like-mindedness” among bureacrats either the official or the Staff at levels, creates hurdles for those beneficiaries who were desperately been kept “systematically” outside the official key machanisms or portfolios and having been occupied by those who by nature against the will of system to provide benefits according to, the Law or, meet Constitutional obligations towards social justice. In this case, it very important to see that the “likemindedness” should not become an hurdle for the governance in general and to a Caste or Religion or Region in particular. Because these factors actually becomes crucial in bringing about the change the Constitution enshrined and envisaged in its preamble including the Social Justice,and laid down the sacred resposibility to achieve it through its organs to function in that direction irrespective of any apathy towards any institution or even any bias: Caste, Religion, Region and Gender.
To achieve this, the defacto indian society must be reflected in all institutions such as the Legislature, the Executive and the Judiciary and their consequent subsidaries till the bottom of the state governing hierarchies. Unless it would be futile to expect social justice from already established “likeminded” Official/staff within in the system of governance, because they tend to show bias towards their “likeminded” people, given the defacto nature of society in India, on the basis of Caste, Religion or Region or even on Gender also. ‘ Men live in a community by virtue of the things they have in common. What they must have in common in order to form a community are aims, beliefs, aspirations, knowledge, a commom understanding; or to use the language of the sociologists, they must be like -minded. But how do they come to have these things in common are how do they become like-minded?’( Ambedkar 1989:248-49).
4
In order to achieve the task of social justice, there must either be a system of governance with out prejudice, discrimination, systematised alienation of a particular sections of people from getting their constitutionally allocated share or a system which consists of Officials/Staff in governance that not only effectively deliver the benefits to the legally deserved people but also works as resistance force to cross check the biases or discrimination on any basis against any particular section of the society. The former may not be possible in the system of governance in India as it was already been established and having been accorded the legal protection for ‘bureaucrats’ and staff as ‘being’ Government Official/Staff at all levels which actually becoming an hurdle to remove for the sake of social justice, and the latter may be feasible to reform the system within the legal frame work without destabilising the existing governing mechanism, because the employment security given by ‘their’ law, and also the administrative reforms can be done forthwith for achieving the social justice which was foremost obligation of the constitution as enshrined in its Preamble in this regard.
Social Justice: Through Economic and Industrial Growth
‘I appeal to all the industrialists of India to consider industrialization in the context of appaling poverty of the people,’(Nehru 1984:585) this itself denotes the Nehru’s vision of modern india and he saw the future of this nation given the defacto nature of its society. He had a vision to make India a strong nation amidts the predicament that might hinder the very notion of social justice as enshrined in our constitution. While recognising to root out historically laiden burdens in forms of discrimination on the Caste or Religion, Nehru, categorically called on the industrialists of early independent india and even instructed them as prime minister, in his words: ‘Of course, we all want industrial progress but only of the kind which would benefit the 400 millions indians and not very few industrialists and capitalists’ (Nehru 1984:585). What we have to consider here is his vision of economic growth for future india through which he wanted to see the social justice can be achieved for entire population and for him, the industrialists and capitalists has pivotal role to play in ‘ raising the standard of living of the masses must be the first priority in any scheme of industrial advancement and not a subsidary benefit that may from industrial reconstruction’(Nehru 1984:585).
The repressentation of the will and wishes of the defacto society in industrial growth, to achieve social justice, can be seen as the term “mass” used by Nehru: ' we have to think in terms of the masses of this country. Their standard of living must be raised’(Nehru 1984:586), as it cannotes not only the defacto nature of indian society but also refers to the people as nation to be given equal opportunity to participate in economic governance, because, ‘I do not want industrial development if 400 million people are going to remain in a bad way’(Nehru 1984: 586), and while stressing to distribute the fruits of economic and industrial growth in order to reflect constitutional obligation of social justice and equal opportunities ‘progress must bring to all the people and not to a few chosen’(Nehru 1984:586). As contrary to the aim of social justice, When industrialists and capitalists expressed their corporate views regarding that ‘the government must help industries in every way by tarriffs and finances and other means. At the same time, the government must keep away and not interfere but just provide the sinews of the industries, (Nehru 1984:587) Nehru, denied their claims by terming ‘it is not logical position to take-up’(Nehru 1984:587). The inclusive growth while reflecting social justice should be aimed at producing more wealth and raise the standard of the people by ‘developing all industries, small, big and cottage, and wants to utilize every individual for efficient production’(Nehru 1984:587), while supporting the private participation, Nehru reiterated that ‘ there will have to be inevitably a grate deal of private enterprise. I do not want to interfere with them’(Nehru 1984:587).
5
This implies, that constitutional obligation of social justice and equal opportunities, for Nehru, should be identical with the form of popular government where the defacto society in india must be represented and the individual talent of every citizen irrespective Caste, Religion, Region and Gender be effectively utulized by giving equal opportunities at all levels while the dependents of state should get their legal and constituitonal share in just and fair way, finally, in order to make india a strong nation where every citizen emphatically feels as his own which would be the true achievement of the vision and aim of our Constitution and its Preamble.
References:
--Ambedkar,B.R.(1989). Dr.Baba Saheb Ambedkar Writings and Speeches,Vol.:1, Compiled by Vasant Moon, Published by : Education Department , Govt. Of Maharastra.
-- Nehru, Jawaharlal,(1984). Selected Works of Jawaharlal Nehru, Second series,Vol:2,
General Editor: S.Gopal, A Project of Jawaharlal Nehru Memorial Fund,1984.
Author:
G.NARSING RAO
Ph.D. Scholar
Department of Film Studies and Visual Communication
The English and Foreign Languages University
Hyderabad, India.
E-mail: raodhamma1@rediffmail.com
No comments:
Post a Comment