A MODEL OF NEW CONSTITUTION FOR INDIA
India is a democratic country. Democracy means "Rule of Law", 
governed by the people, for the people and through the people. Rule 
of Law means a system, which shall ensure that:  (i) no one, whoever 
he may be, is above the law; (ii) transparent and good governance; 
(iii) corruption free accountable bureaucracy; and (iv) Guaranteed 
expeditious remedies. 

The Preamble of the Constitution of India has adopted one of the 
basic objects to ensure Economical, Political and Social Justice. Is 
Indian Democracy moving in such direction?  I must put on straight 
record that "No not at all".

In fact contrary to objects and assurances referred in the 
Constitution of India, in last 58 years, India has gained 
experiences on every counts with total dissatisfaction, as pointed 
out in Vohra Committee Report, thus results are:
q       Each and every level of the governance, immense corruption 
with immunity, become important part of the system;
q       Violation of Law with immunity is not a matter of surprise, 
for any one;
q       Remedial measures are not easily available in respect of any 
matter of ill-governance, prevailing under nexus between the 
powerful: politicians, bureaucrats and organised mafia;
q       Immense economical, social and political exploitation is not 
at all a matter of concern for any politician; and
q       From the whole of the country a single person from the 
common man can be identified who can justify that he has no 
grievances relates to governance at one or other level.

One question may arise, that why such situation has developed? To 
answer, we must know the backgrounds of democratic system adopted in 
India. In my views Constitution of India failed to ensure good 
governance. Once British Prime Minister Winston Churchill viewed 
that the "Democracy is worst form of government except all those 
other forms that have been tried." I am of the firm views that 
before formulation of his views Churchill should have defined the 
meaning of the real Democracy. In my opinion "Any form of the so-
called democracy should not be defined or called a "democracy", till 
following fundamental principles are not inserted in system itself, 
with concrete mechanism for their implementation in real practical 
terms":-
1.      Truth shall prevails;
2.      Justice must be above all;
3.      Reins of the powers should be in the hands of the people;
4.      Unity, based on self reliance, self respect and self 
dependence amongst the people must be supreme objects; 
5.      Each, including Constitutional Authority should be 
accountable before the law and system irrespective of his status or 
position;
6.      Justice delivery system should be easy, affordable and 
within reasonable time;
7.      In the Election mechanism value should be given to the 
Voters not to the Voting;
8.      Individualized Politics should not be allowed at any level 
and at any cost;
9.      Promotions in the Politicians should be based on experience, 
competency and performance;
10.     Distribution of the benefit of the progress and economical 
betterment of the country should be horizontal; 
11.     System should not allow to be found the ways to discriminate 
one to protect the powerful using skills or expertise. 
12.     Each Individual should be kept away from the democratic 
process, if he does not obey these principles with the latter and 
sprit.

I have written "A MODEL OF NEW CONSTITUTION FOR INDIA". 
Please go by it and compare it with our Constitution: 
http://constitutionindia.tripod.com 
On the basis of aforesaid basic principles, time-to-time I have also 
made suggestions before authorities. Some were implemented in peace-
meal manner, but most are never considered. Some such suggestions 
are referred: http://mcho3.tripod.com/goodgovernance.

Milap Choraria
National Convenor,
Movement for Accountability to Public (MAP) 






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The Internet and Democracy Across Asia:              MAY 2001
Online Trends in Governance, Civil Society and Media
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