Warisha Farasat

| @ | January 26,2019

[dropcap]W[/dropcap]E were asked to write about a Constitutional amendment that was needed. I picked up the Constitution and started reading it. I read through the various chapters. I read some provisions for the first time. Many of them cursorily.

But after having read Part III of the Constitution again, one cannot but feel a sense of pride in what a stunning document the Indian Constitution really is. It is a living document replete with intellectual, moral and legal brilliance so I do not think that it requires any amendments.

However, I think that the erosion of the rule of law, fundamental freedoms and divisive politics are more immediate threats as it has taken away the real meaning of our living constitution. In the life of the Indian Republic, the State Executive has, unfortunately, never seen itself as the protector of fundamental rights and freedoms enshrined in the Constitution.

 

Under this current regime, politics of hatred and hate speech has thrived. Secularism was inserted as part of the 42 Amendment effected in 1976 to the Constitution. Nonetheless it is integral not to only to our Constitution but our everyday lives. Secularism has now become a bad word in the public discourse with divisive forces trying to compromise the basic structure of our constitution and the harmonious existence amongst the communities.

Let us all as lawyers but primarily as citizens reread the Constitution and internalise the values enshrined in the preamble of Justice, liberty, equality, and fraternity because without these we are nothing.

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