Importance of, but difficulty in implementing, constitutions
A new constitution can take root easily if the country has a commitment to and the infrastructure necessary for the rule of law. But other social and political orders of authority may compete with it where charismatic politics or the tradition of the ‘strongman’ prevails, where high authority is ascribed to religious or customary leaders, or where society is closely regulated by social norms, institutions, and hierarchies. In a society that is largely homogenous, with common values and aspirations, and with members who have been a part of the same state for a long period, constitutional reform is relatively easy, but not particularly critical.
A state that has several communities with different languages, religions, or modes of social organization is less able to rely on common values and social institutions for the regulation of society. Instead it may have to depend in part on the values, aspirations, rules, institutions, and procedures incorporated in the constitution- and this is not easy, as old loyalties and habits persist but also take on new political significance.
Sometimes the provisions of the constitution to protect the rights of the people, promote constitutional values of equality and social justice, and ensure the integrity and the accountability of the failure of the government. One reason is that the state in many developing, and indeed some developed countries is the principal means by which ministers, bureaucrats and others with special access to the state accumulate illegal wealth, give state jobs and contracts to relatives from due process of the law (by impunity, bribery, or intimidating the judiciary.) Even when new institutions to promote the accountability of state organs or fight corruption or protect citizen’s rights are established (as they are in many constitutions), they are corrupted and often rendered ineffective by ministers, bureaucrats, and tycoons.
Constitutions as symbols and manifestos, and as legal rules
a constitution has several dimensions. A distinguished authority on constitutions, the late Professor Kenneth Where, drew a distinction between those who regard a constitution as primarily and almost exclusively a legal document in which, therefore, there is place only for rules of law and for practically nothing else, and those who think of a constitution as a sort of manifesto, a confession of faith, a statement of ideals, a ‘’charter of the land’’. Since he wrote this is in 1966, the debate over the proper function of constitutions has intensified.
Struggle Stories and Leaders during Freedom Movement of India- During the freedom movement of the country, the warriors of independence such as Acharya Chanakya, Chandragupta Maurya, The Gupta Empire, King Harshavardhana, King Suheldev, Raja Dahir, Prithviraj Chauhan, Raja Bhoja, Maharana Sangram Singh, Rana Kumbha, Maharana Pratap, Vikramaditya Hemchandra (Hemu), Maharani Ahilyabai Holkar, Maharani Laxmibibai, Chhatrapati Shivaji Maharaj, Chhatrapati Sambhaji Maharaj, Baji Rao 1, Maharaja Ranjeet Singh, Maharaja Hari Singh Nalwa, Baba Banda Singh Bahadur, Guru Gobind Singh Ji, Veer Babu Kunwar Singh, Tantya Tope, Khudiram Bose, Rabindranath Tagore, Shaheed Bhagat Singh Ji, Chandrashekhar Azad, Netaji Subhash Chandra Bose, Pingalli Venkayaa, Puli Thevar, The Maruthu Pandiyar Brothers, Tanguturi Prakasham, Bankim Chandra Chatterjee, Rani Gaidinliu, Kushal Konwar, Hem Bharua, Mahatma Gandhi and many more leaders had sacrificed their lives for the independence of the country from the hands of the foreigners and played a very crucial role in the independence struggle of the country.
Foreign Barbaric Rulers such as Alexander, Muhammad Ghazni, Muhammad Ghori, The Delhi Sultanate Rulers, The Mughal Empire and The European Colonial Rulers killed millions of people, the leaders of the Freedom Movement, looted and plundered the country and destroyed many Hindu Temples, Gurudwaras, Jain and Buddhist Temples etc. Aurangzeb for instance killed many innocent people, destroyed many temples and gurudwaras in order to built mosques, plundered the booty and looted the wealth of the nation, killed Chattrapati Shivaji’s Son Chattrapati Sambhaji Maharaj in the most brutal form, killed many Sikh Gurus and innocent Sikhs, created havoc and plundered the regions of Deccan, Punjab, destroyed the temples of Kashi, crushed the Jat Andolan in Mahura-Vrindavan Region in the most brutal form and most importantly killed all his brothers in order to gain the throne of Delhi. How shameful it is for the nation that such a barbaric and psycho person existed in the land of Gautama Buddha, Vardhamana Mahavira, Shree Rama and Shree Krishna, the land of renowned universities of Nalanda, Vikramshila, Taxila and a land of great people.
to be continued
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