This tampering with the Constitution from time to time is a bad thing. I said so last time but I don't suppose the Government has cared to pay any heed. I would like to repeat the same caution again and I should like to give some reasons why the Constitution should not be amended and tampered so easily. Anyone who is familiar with what is called the interpretation of law by courts--and there are well-set rules as to how Statutes are to be interpreted--will recall that there is a famous rule of interpretation which is called Stare decisis which means this, that when the courts have given an interpretation for a long number of years some lawyer gets up and convinces the court that the existing interpretation is wrong and ought to be changed, the courts say that they shall not do it, although they are convinced that the interpretation is wrong.
People know that the Constitution contains certain rules, certain obligations, and in accordance with them, they make their contracts, they make their plans for the future. It is not right, therefore, to come in every year and to disturb these values. That is the reason why I say the Constitution should not be so lightly and so frequently amended. I do not know whether the Government would listen to it, perhaps not.
The present volume of the speeches and writings of Dr. Babasaheb Ambedkar covers the period from his entry into the Constituent Assembly from the pre-partition Bengal till his death on 6 December 1956. The first portion contains his speeches and writings as the Law Minister of Government of India and the last or the concluding portion contains speeches and writings when he was Opposition Member in the Parliament. Whether in the Government or in the opposition, his speeches and writings show continuity of his thought-processes and his deep dedication to the ideals of justice and fairplay. The subjects covered in the present volume are different and disparate. They appear relevant even to the present context and reflect Dr. Ambedkar's insight into the nature of political and social processes. In the course of discussion on the Representation of the People's Act, a member argued that he would allow a criminal to stand as a candidate since every adult has a right to vote and contest election. Dr. Ambedkar's answer in general was that the electoral process depended upon the general improvement in the minds of our people as a whole and that there are certain moral principles which we must assert. He foresaw that such an elevation of moral sentiments could come some day. I may quote here comments of Dr. Ambedkar on qualifications of a candidate for political office.
He said, "Now it seems to me that education can hardly be the sole qualification for membership of this House. If I may use the words of Buddha, he said that man requires two things. One is Gyan and the other is Sheel. Gyan without sheel is very dangerous: It must be accompanied by Sheel, by which we mean character, moral courage, ability to be independent of any kind of temptation, truthful to one's ideals. I did not find any reference to the second qualification in the speeches. I have heard from Members who have supported Professor Shah. But even though I myself am very keen to see that no member enters this August Assembly, who does not possess Sheel in adequate degree, I find it extremely difficult to find any means or methods to ensure that valuable qualification."
Dr. Ambedkar pleads that while it is difficult to prescribe educational qualification for membership of Parliament, people should send good men of character. He says, "I have no doubt about it that if the political parties, for their own particular purposes do not attend to it, people are not going to allow persons who cannot discharge their functions properly in this House to be continued and returned forever. They want results, they want their welfare to be attended to, and I am sure about it that they will realise that the only instrumentality through which they can achieve this purpose is to send good men to this House. Therefore, I think the proper course is to leave the matter to the people".
The social reforms movement gained strength and undoubtedly brought about changes in the social structure, promoting in the process, equality and fraternity. The era of equality and fraternity was ushered in with the rise of the Maratha power under Shivaji, the Great who was accessible even to the lowest of the low from all sections of the society.
Dr. Ambedkar was the product of the movement for social reforms in Maharashtra initiated by Mahatma Jyotiba Phule, Justice Ranade, Agarkar, Chhatrapati Shahu Maharaj and Prabodhankar Thakre.
Dr. Ambedkar's speeches and writings in the present volume are indeed instructive and enlightening and trace the evolution of modern political institutions in the country. They truly represent a significant phase in the evolution of the Indian polity.
Hindu (935)
Agriculture (118)
Ancient (1086)
Archaeology (753)
Architecture (563)
Art & Culture (910)
Biography (702)
Buddhist (544)
Cookery (167)
Emperor & Queen (565)
Islam (242)
Jainism (307)
Literary (896)
Mahatma Gandhi (372)
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