Jammu, Nov 25: “While Constitution gives rights to the citizens, frames principles, procedures, restrictions and duties for the government, it also casts duties on citizens to follow the rule of law,” said Senior Advocate Ashok Bhan on Friday while wishing the citizens of India a happy ‘Samvidhan Diwas’.
“Constitutionalism is regarded as a code for governance and protection of human rights and fundamental rights enshrined,” Adv Bhan said while speaking at a lawyers’ meet to celebrate the ‘Samvidhan Divas’ in Delhi. The meet was organised by the Asia Pacific Lawyers group.
Adv Bhan said, “To safeguard democracy, the people must have a keen sense of independence, self-respect, unity, oneness in diversity and should insist upon choosing their representatives only such persons who are honest, grounded, good and truthful with utmost commitment to Constitutionalism.”
He said the Indian judiciary has evolved as the custodian of safeguarding and protecting human rights. “The Constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality, and liberty and endeavors to promote fraternity. The Indian constitution stood the test of time as India has been a successful democracy, unlike many countries which became independent at the same time are in continuing political turbulence,” he said.
Quoting Mahatma Gandhi, the Senior Advocate said, “Swaraj meant more than independence from the British. It meant both national and personal self-realisation; it meant throwing off foreign ways as well as a foreign rule so that Indians could emerge as masters of their own souls as well as of their political future.”
He also invoked the country’s first Prime Minister Jawahar Lal Nehru, saying the task of making the Constitution can only be done effectively when the political and psychological conditions are present, and the urge and sanctions come from the masses.
“Constitutionalism means limited government or limitation on government. It is the antithesis of arbitrary powers. Constitutionalism recognises the need for a government with powers but at the same time insists that limitations be placed on those powers. The antithesis of constitutionalism is despotism,” he said.
