There is one thing stronger than all the armies in the world and that is an idea whose time has come

Constitutional Resurrection

There is one thing stronger than all the armies in the world and that is an idea whose time has come . Ideas are in truth ,forces .Infinite too is the power of personality .A union of the true always make history . The  voice of the intelligence is soft and weak ,said Freud .It is drowned out by roar of fear .It is ignored by voice of desire . It is contradicted by voice of shame. It is hissed away by hate and extinguished by anger .Most of all is it is silenced by ignorance. “ Great things are done when men and mountains meet ,this is not done just by jostling in the street” William Blake.

Our constitution with its gospel to achieve and resolve the glorified socialistic sovereign democratic republic through the processor of therapeutic justice to escalating psychosomatic maladies and explosive rights with enforceable duties to the citizen is regenerating the spiralling professional delinquencies .It promises to keep and mile to go to its citizen ,before they may undertake the sleep. The Quest of mankind is to grasp the fundamental truth ,the tenacity without even the least touch of faith in reality has diminished the entire surrounding and undergone a radical transformation to the point of extinction. This is the political freedom ,the self independence, what the India has achieved after attaining the freedom from British domination .

The structure of the society rests on the foundation .We cannot escape the consequences  of losing all access to abrader a vision It creates a narrow-mindedness in the  prospects of a development .Few amongst the citizen ,the masses have the ever given any serious consideration to the problem of life. Thus the problem of life still remain unsolved. Let us discuss that why are not having the solid foundations without access for the broader vision having an extinction for our existence. Freedom from bondage is liberation there is a goal of life with and devotion. Our tryst with destiny has not brought any  desired changes for wiping out t   he tears from every eye .There cannot any political will amongst the individuals who are craving to get power. The  Political will is guided by our constitution of India and we find that it is not having strong hold to keep the nation intact ,the society move and the country prosper .Some radical changes are needed to maintain country’s unity and integrity .The prosperity of the citizen do not lies in the form of government, chosen by them but in the accountability and the stability in its precepts and practice . There is no representative Govt. but an equation of inducting themselves as the representative of the to form there govt. It is only the constitution which may provide a device to ensure a degree of self assessment .We want more stability and lesser responsibility upon these representatives chosen from amongst the people by the appropriate amendment in our constitution .There should be periodical assessment of the responsibility of executives .The present constitution is the  reproduction of the Govt. of India Act,1935 and the combination of ideals of western liberal democracy nurtured to achieve the goal of our constitutional aspiration . The federal system is based on decentralisation and it is a system evolved of the governance of heterogeneous , diverse and plural society in a small country to have been based on the representative Govt. and not on the basis of indirect representation through parliamentarian  democratic system .It leads to instability we should take notice ofd the expectations of the people who fought the battle of independence by adopting the policy of self realisation as being professed by our father of nation. Our constitution is based on the assumption of the authority where the entrustment of power is imposed by having the restriction upon the excessive power. Let us accept that it was weakness of the character of our citizens that Indian dominion has to live under the British sovereignty and we had to fight  a struggle for attaining the freedom. The need for imposing the restrictions are required to be done to keep the society intact from adjuring violence ,dealing with corrupt politicians and to control over burden some disastrous consequences .Let us examine how to fight against criminalisation, black-marketing ,essential service maintenance  and  law  & order situation .There is a lake of political will in those are actively participating   in service tom the nation ,they are being subjected to oppression  and  harassment .There is no place for  benevolent honest citizen and those who are dishonest opportunist with a criminal background are seldom being respected by our citizens .  The genesis of the character is based on the  falsehood and in such circumstances until and unless accountability of the individual in public life is  not fixed upon the representatives of the Govt. there is no hope for the revival of the nation .

A constitution is the basic law ,the highest state craft entrusted to keep the ideals and inspired the Nation. It is the exponent  of the  ideals with pragmatic approach having  sensitive awareness articulated in the  feeling of fellow citizens. The  constitution becomes supreme importance as it reciprocates with  the wisdom and sanctity of the founder of the nation ,the vision and foresight of its maker and to govern the people with discontentment depending upon the happiness and well being of the successive generation as being gathered by enthusiastic  approach whole drafting the same .The vehicle is now come to a stand still and the horse is now riding over the cart instead of pulling the same for the advancement of nation.

The presidential form of Govt is  to avoid the decentralising tendencies and to re-enforce centralising  evaluation of the governance of the people in heterogeneous ,diverse and plural society inhabiting through the vast land and lastly to avoid the head on collision between head of state and head of Govt. in down capacity. The tradition of party system is like a mushroom growth with no defined policy or ideology has been destructive because of its origin in the upsurge against the imperial rule and asserting the independence was not real without making people educate in running the administration .The growth of country the depends by taking care of the poverty prevailing and to ensure stability to some meaningful reform .The presidential form of Govt. offers the best solutions to the problems

created by the chaotic spectrum of the splinter parties projected on the national scene in order to bring the stability and the progress which is caused by the growth of descendants and groupies in the parliament and thereby having a great danger to the integrity of the nation .The consequential change in the constitutional change in the constitution of India is appropriate on account of electoral defection mid term polls and coalitions bargaining and to arrest the disproportionate growth of infra-structure to provide a stable Govt. equipped to absorb the shocks  of the progress policies .The political climate of authoritarian emanating has provided a sustain jeopardise  to our basic constitutional ideals in pursuit of gaining power by making the social justice ,harmonious co-ordination and national integration to an utopian umpire .

The realisation of the God by introspection is by learning truth ,justice and benevolence by having the  characteristics of patience ,forgiveness, self denial ,honesty, purity mastery over the sensibleness, knowledge, veracity and the cheerfulness .To surrender thyself to the self in the process of disintegration is  to provide unity factor against Gherao’ s , the tactics providing nuisance or dedication to the cause of nation .There must be the power of will for expansion and the  fear has to be vanished by getting will to do is self imposed rigor of duty .It is the outcome of parliamentarian democracy that poverty is acting like the disease of the skin of the nation while the disintegration and hatred amongst the fellow citizen is like the cancer of the liver .We should ride a horse bridled, but not lose as to trample upon us. The starving realities leads to the economic slavery and the insurmountable foreign debts are the signs of future slavery of our country.

The non-violent persuasive method of enforcing the will of the people have adversely affected social and economic administration in the country .India has reached to a stage of  political stability . The  employment avence are being reduced causing an adverse effect on the social order .The political aspect of the situation vulnerable to the aspirants, opportunists in India is disintegrating tendency, which is a gradual the process of further aim to provide political ideological immortality amongst the political leaders and it has become a  more struggle for the power ,then adherence to duty to serve the people, the political disintegrating tendency cannot be checked by the parliamentarian democratic set-up which may ultimately lead to social instability and the people may start seeking salvation  of such psychological maladjustment against the social concept of the society . Thus there is need for amendment of our constitution as the road to inflation , increasing prices lowering in the value of money entering the common standard of living of man . Economical dissatisfaction being susceptible may be reduced to the margin and the anti national activities may be curbed down and the people may not resort to dishonesty corruption , deception by  hitting at the route of social structure .the economical slavery is meant to surrenders freedom to foreign power .

India’s foreign debt is directly proportionate to the value of rupees in comparison to foreign currency . The devaluation in the value of the rupee has made loan liability by constant increase in the foreign exchange liability and to estimate the Indian foreign debt which was more than four thousand crores in 1966 has been multiplied due to the devaluation of  the value  of rupee by making an increase to 48.43 crores within a decade and now the fear of foreign power domination is paramount which may ultimately lead to social slavery .People of India desirous of revival society require a suitable system for the creation of such a spirit ,which may be devised for practical implementation of our country. The moment the socio and economic problems are solved we will able to stand on our own feet for making the nation stronger .The role of sovereign people is distinguishable from the sovereignty from the parliament . In the recent years the will of the people is represented by the right of representatives associated in the majority which is giving place to the more plebiscite system , thus the political party even with a clear majority require s the direct endorsement of the people which is not possible in the representative Govt. This aspect has its importance by looking into the relevant extract from the constitution of USA, FRANCE, IRELAND, SWITZERLAND, ARGENTINA, BRAZIL, COSTARICA, MEXICO, URAGUAY AND VENEZULA having the presidential form of Govt. We have  Srilanka, Philippines, Indonesia , and the latest South Africa  where this system prevails . Law and life are integral , therefore the sensitive  legal control through constitutional process is  pragmatic  of the power  for the responsible Govt. under democracy . The constitutional law is symbolic for commanding compliance be patiently corrective to gain credibility and confidence. Thus the constitution is not an omnipotent sacrosanct instrument ,but it is political legal document fundamental in character and value based regulatory measurement to strike between the need of people and the power process. Thus the  constitution is not an omnipotent instrument , but it is political legal document fundamental in character and value based regulatory measurement to strike between the need of people  and the power process.

Thus the vigilant intellectuals with  the constructive attitude and analytical criticism may persuade the people for the corrective  and practical angles to be emerged for a better perception by the periodical constitution review and reforms .This is a dynamic approach for constructive politics . The hypocrisy of the constitutional immutability by having the crutches of Anglo- Saxon Jurisprudence as an instrument of status Quo  through resisting radical innovation in the use of constitutional power set up in the light of socio-economic policy to the aspirations of the liberated people of our nation .The basic structure of our constitution as ‘Rule of law ‘ separation of power independence of judiciary ,uncertainty in law with the power of judicial review are the basic  and essential feature of constitution .  The Indian judiciary is the guardian and protector of the rights and the liberty of people of India since the constitution is regarded to be the supreme of all the institutions whether legislative ,executive ,and judiciary has to function under it in strict compliance of its provisions and as such the needs form its review as to achieve a just social order is required to play a decisive role in the quest for social justice .There is the need of expansion  of the doctrine of locus standi and involvement  of the experts and voluntary organisations in judicial fact finding process, accountability of the people in power and democratisation of the remedies available to them. We have to take the recourse  the new strategies new tools and new remedies to serve the goal of delivering the social justice  which may penetrate to the cause of poverty and exploitation and demolish them by reorganising social ,economic and political relations .The democratisation of judicial remedy as professed by Justice Bhagwati requires the enforcement of fundamental rights in relation to the benevolent citizens as to enforce the new remedies for their effective enforcement and for that purpose we have to renounce these rights by dominant esteem of judicial creativity ,through enforceable fundamental duty to maintain basic harmony of the constitution. Millions of the people of India belonging to deprived and vulnerable sections of the humanity are looking it the constitution for improving their life conditions as to make basic human rights more meaningful and enforceable unfortunately the preamble of our constitution being the signature time for providing social  and economic justice has not yet been drafted  as to provide the corrective process of executive errors removing the quality and characteristics of political authority and to provide a curve over excessively political  governance which tends to destroy the delicate balance by the separation of power between its three basic institutions. We find that 1% of wealthy people are having the control over 20%of urban wealth and 4%of top ,41%of the urban wealth as the sheer magnitude of the problem by demarcation between  the dishonest opportunist and the benevolent innocent and until the suitable restrictions are not being enforced. There can not be the democratisation of judicial remedies.

The concept of crime in its socio-legal essence is in the contradictions of social development .Thus the social prevention of the offences is required to aim in a society free  from exploitation of man by another man .This is required for economical potential which will lead from each according to his need ‘by strengthening law and order .We may ensure consolidating civil discipline as the decisive factor of unsuccessful construction .Criminal as being self contained are not isolated form the society and creates problems of social consciousness  and as such change the basic concept of directional proposition on its mobile nature to the phenomenon of reality in respect of the enforceable duties castled upon them. The approach is an essential condition for revealing an identification of the activities relating to the essence of crime .Crime is a social phenomenon dealing with the global problem but its identification with the individual connected with the criminal activities depend upon the different approach relating to the disciplinary measurements and the degree of independence from the society.

Any act is forbidden  by law is an offence ,it is an unlawful act , a breach of   law ,the classification has further laid down the responsibility of such wrong doer as a criminal offence ,civil administrative financial and other economical offence. In assessment of its ingredients with infringement ,the form of anti social behaviour in accordance with its degree of guilt has to be taken into consideration as affecting to the socio-economic and legal  concept for the various social aspects can a criminal having anti social behaviour with the emergence of individual  negative qualities having no responsibility and control over anti social phenomenon presupposes an appropriate judicial qualification for the enforcement of his fundamental right. This will distort the picture for prevention of the crime became it affects human destiny and provide an attack over moral fabric of the society. A socially dangerous act is more dangerous than an individual act towards the objective aspect to concrete omission which constitutes the corpus deliecti to regulate human behaviour. Thus the fundamental rights which are considered to be invalidated for implementing the directive principles of the state policy by introduction of  Article 31-a,31-b and  31-c  removing to some extent the veto of Article  13 as being upheld in Keshvanand Bharti case should necessarily be restricted in respect of its enforceability in favour of anti social criminals protection as a part enforceable fundamental duties of others.After the 42^nd  amendment Article 32-C was further amended by making the fundamental right s conferred by Article 14 and 15 to the directive principles by giving prianacy  over fundamental rights may not be coming in the way as regarded violative of the basic structure of the constitution in Minoura Mills case .The recent judgement of seven judges of the Hon’ble Supreme court has upheld in L.Chandra  Kumar case (1997 (3) S.C.C 261)

Although the constitutional maker have enshrined the expression ‘procedure established by law ‘ in determining the criteria whether the procedure is reasonable to the content of the enacted law  but the supreme court by introduction of the doctrine of reasonableness transparency and the principles of proportionality apart from having the concept of natural justice embodied under Article 14 has virtually introduced in the expression due process of law in Article 21 of our constitution ;then why not such ideal laws enunciated in the opinion of the court may not be introduced as the measurement of legal duties and responsibilities in the life of legal philosophy for the ethical constant consistent with its frame work for a attending the ultimate set of social condition. The morality of the law in the pre condition for the advancement of social set-up in the society .The end of all political association is the conservation of the natural rights of the man. Thus the rights to rebellion against the dictatorial existing structure of our constitution provides for orderly and peaceful change , which is pertinent in this context .The next question as to be dealt with regarding imposition of the restriction through the power of the parliament to modify the rights of the members of the armed forces in respect of the restrictions abrogation under the garb of ensuring the proper discipline of duties has to be read in respect of the enforceability of such rights of the anti social elements who is providing disintegration, disassociation and disco-ordination amongst the citizens and whether such discipline is not required for the governance of the nation and prosperity of the people as that of those who are assigned for the protection of the unity and integrity of the nation they are being curtailed such fundamental rights while those who are indulged in the anti national activities are getting protection through our constitution .Constitution must correspond to  definite social relation and the stage of social development  according to changing norms and value of the society .There must be substantial change in the static and invariable constitutional classes as there is need for its renovation. The constitution must  replace by  the new provisions reflecting the change conditions and the needs. Duty to uphold and protect the unity and integrity of the nation as to render national resources and to promote harmony against its citizen and to abjure the violence to rise with higher levels of endeavour and achievement must be enshrined in the preamble of the constitution of India. The preamble is the part of the constitution . There is the duty for preventing exploitation of one individual by other individual .