Constitution and the Government

We seems to be having problem in exercising/ fulfilling the obligation proscribed in the constitution, let us go through the fundamental Duties casts on each one of us by the constitution and the difficulties we are facing to uphold the sprite of the constitution.

Article 51A, of the Constitutional address the issues of the fundamental Duties of each one of the citizen, there are 11 duties constitution makes mandate on the people, the Article 51A states as fallows:- “It shall be the duty of every citizen of India:-

1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
2. to cherish and follow the noble ideals which inspired our national struggle for freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do so;
5. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. to safeguard public property and to abjure violence;
10. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
11. who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

The question is how do we fallows the duties castes on us by the constitution, for example,

Article 51A (b) “to cherish and follow the noble ideals which inspired our national struggle for freedom,” if we literally want to implement and practice this duties, each one of us will be put behind bars. I remember Dr. Kannabiran (who is no more with us) has addressed an argument in A.P. High Court while defending the alleged Naxlite, he said “ our freedom struggle was not just a non-violence struggle it has both violence and non-violence struggle, if one accept People like Bagath Sing, Chandrasekar Azad, Subash Chandra Boss, who are the prime people in the Indian freedom struggle then what Naxlite are doing is the same respecting Article 51A(b) of the constitution which each one of us have the duties bound to do it”.

Forget that, It may be to extreme to do or implement by us in the manner stated/ interpreted by Dr. Kannabiran, what about Article 51A (g)? which says, “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures”; can some one tell me how do we achieve this, is this practically possible in today context, what is happening in Chhattisgarh today for the Raigarh-based environmental and RTI activist, Ramesh Agarwal and Gare-based who are “For years now using the RTI to peruse documents from the union and state governments to prove that the Jindal group of industries has been violating environmental and revenue laws. The group, headed by Congress MP, Navin Jindal, owns and operates several large industries and coal mines around Raigarh, very polluting sponge iron plants and power plants. More recently Patel and Tripathi joined Agarwal’s crusade against Jindal. This led to issuing stop-order on Jindal's 2,400 MW coal-base power plant expansion plan, by the the Ministry of Environment and Forest’s (MoEF). The Plant construction was started without MoEF’s environmental clearance and on Chhattisgarh Mineral Development Corporation’s land. Based on Agarwal’s letter written in March 2010 highlighting these irregularities, MoEF was forced to act against Jindal. Can we cay his action was in contrary to Article 51A(g) of the constitution? Or what he did is in discharging the duties proscribed in the constitution.

If government want to book false case and keep them in the custody how will they discharge the duties proscribed in the constitution?

Why only Chhattisgarh, what is happening in Karnataka, A PUCL member Prof. Hasan Mansoor who is very well know for his action and commitment for the issues of human rights are also being targeted just because he questioned the atrocities committed on the minority community people in Karnataka. He has been branded as Left Extremist Wing and a Naxlite. And cases like sedition and waging war has been booked against the another PUCL member Ms Rati Rao from Mysore for publishing the fact finding report on the police violence/ encounter killings of poor/innocent tribal who are fighting for their rights to land and right to forest in which they are living for ages now. That being the case how do we even uphold the Article 51A(g) of the constitution?, forget the Freedom guaranteed under article 19 of the constitution.

Article 51A(b) and (g) may appears to be extreme for an ordinary person, in the name of development we should not talk about the destruction of the forest, river, hills, tribal's and farmers eviction from their own land. These are part of the development plan of larger section of the people, let some people loose for the gain of the larger public. And lets us suspend the both duties stated in the constitution for now and we restrain from talking about these issues concerning the destruction of the forest, river, hills, and eviction of trible's, farmers. Are we in capable of implementing the other duties stated in the constitution?

My Answer is 'NO'.

let me take you through the two other important duties stated in our constitution:

51A (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
And
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

What are we seeing in today's governance/ politicians, Nepotism, favoritism, corruption, fundamentalism. If one talk about the equality he/she branded as communist. This reminded me the statement made by the Guru Golvalkar in his book 'Bunch of Thoughts' in a chapter titled 'Internal enemies' makes 3 different groups which are 1) Muslims, 2) Christians, 3) Communist, what the government is doing is the same, propagating the RSS Ideology, and silencing the voice against the RSS Ideology, the amount of money being sent to Matt's are the example for what the government is doing I need no explanation for this.

We are all aware of what our C.M's Mr. B.S. Yeddyurappa and his campaigning to go to Manjunath Temple in Dharmasthala and swear on the god on the issues opposition is stating. Is not this is in contrary to the Article 51A(h)?

Its clear at least from the government side that do not fallow the duties stated in the constitution. If you do so you will have trouble. And at least in this the government is literally implementing in what it is preaching to people! but the only difference is that, implementation is completely in contrarily to our constitution, in letter and sprite. 

J