“THE SUPREME LAW OF THE LAND”

“THE SUPREME LAW OF THE LAND”

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation….”

This is the preamble of the supreme law of the land, i.e. the Constitution of India, which serves the following: -

1.      The Sources: - from where the Constitution has com viz. the people of India;

2.      The Contains: - the force that brings the Constitution; and

3.      The Declarations: - the freedoms which the people of India intended to secure.

The Constitution vide its Article 14 provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India therefore “Equality before Law”. The Constitution further prohibits discrimination on grounds of religion, race, caste, sex or place of birth vide its Article 15.

Article 19 of the Constitution provides “Protection of certain rights regarding freedom of speech, etc.” therefore the Constitution confers all citizens the right —

A.     “TO FREEDOM OF SPEECH AND EXPRESSION”. However, the Government can imposes reasonable restrictions on the exercise of this right, in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

B.     “TO ASSEMBLE PEACEABLY AND WITHOUT ARMS”. However, the Government can impose reasonable restrictions on the exercise of this right, in the interests of the sovereignty and integrity of India or public order.

C.     “TO FORM ASSOCIATIONS OR UNIONS”. However, the Government can impose reasonable restrictions on the exercise of this right, in the interests of the sovereignty and integrity of India or public order or morality.

D.     “TO MOVE FREELY THROUGHOUT THE TERRITORY OF INDIA” and “TO RESIDE AND SETTLE IN ANY PART OF THE TERRITORY OF INDIA”. However, the Government can impose reasonable restrictions on the exercise of any of these rights, either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

E.     “TO PRACTICE ANY PROFESSION, OR TO CARRY ON ANY OCCUPATION, TRADE OR BUSINESS”. However, the Government can impose reasonable restrictions on the exercise of this right, in the interests of the general public, and, in particular, so far as it relates to, or prevent the State from making any law relating to,—

(i)               the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or

(ii)             the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial,of citizens or otherwise.

All this simply means that those who are in government are the representatives of the people, duly elected by the people and entrusted with the duty to secure Justice and Equality to all the people.

Therefore, I’m unable to understand that what stops the people’s Ministers to reach out directly to the people as and when demanded by the people abiding law of the land?

It’s utterly unfair to suggest that the Government cannot reach out to the people demanding an answer from the Minister/s because it would set a wrong trend and in future Government would be forced to reach out every protest.

why would there be any protest if there is proper and basic governence.