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By Mr. N. N. Panicker 1. Prayer 2. Faith How we act and interact with others depends on the environment around us, the expectations from us, the rules imposed on us, the way other people conduct themselves and the ideals we share with others. The framework within which we are placed is therefore important in deciding how we act on our own and respond to others. Such a framework is the constitution, which is the set of rules, principles and procedures for our country and community. Within a defined framework and with a focus on an objective, creativity itself will flourish and express in useful, effective and efficient ways. Constitutional creativity is associated with the development of a legal framework for the country and the community. Here the objective has to be very clear. The immediate objective is to develop a constitutional framework within which every entity ranging from individuals to communities and states will have sovereign self-rule or Swaraj. The ultimate objective is to establish and maintain a natural society where the individuals freely pursue their lives complementarily and harmoniously with others, attaining maximum synergy and minimum conflicts. We are all widely different in our interests and capabilities. We are at different stages of the evolutionary journey of life towards perfection. All are entitled to have their physical needs and genuine aspirations satisfied in harmony with the rest of the world. A utopian ideal of uniformity and synchronicity is not natural. Creativity expresses itself both while fitting within the framework and in bending it to suit our needs and even breaking and reconstructing it with the objective of meeting the emerging needs. In fact, paradigm changes are the signs of a creative upsurge. Therefore, the highest creativity should result in a constitution that establishes new paths and constructs a new framework for societal organisation. The new paradigm should be universally applicable to all societies and should be sustainable at all times. This is important in the modern context of dualities like the break-up of nations such as the Soviet Union and the coming together of nations such as in Western Europe as well as the threatened disintegration of countries like Indonesia and aggressive nationalism in countries like the United States. The globalisation juggernaut is threatening to crush the economic sovereignty of a multitude of nations and they would be seeking ways to assert their rights through internal reorganisation and constitutional shields to sustain themselves. The re-assertion of regional aspirations evident in countries like India would also call for timely constitutional changes to ensure contentment and stability at the base of the national pyramid. This would require total self-rule in complementary relationships with neighbouring entities starting from the family. India today is eminently situated to develop the new paradigm and set an example for others. 3. Options The other way is to apply creativity in reforming the constitution through amendments or even creating an entirely new alternative. To create a totally new constitution would be practically very difficult as it may involve calling together a constituent assembly and opening up a Pandora's Box. More creative methods do exist to achieve all our needs. With the application of creativity, basic changes can be effected smoothly. For this, there has to be the Will. Leadership creativity is necessary to develop the national will. In producing an improved constitution, attention can be given to basic changes that would make it universally acceptable and permanently sustainable. The options are summarised below. The boldface options indicate a possible route to arrive at a reformed constitution. With adequate creativity, it can even lead to a cosmic constitution: WAYS TO SOLVE PROBLEMS OF THE POLITY 4. Basic Requirements of a Constitution "I will give you a talisman, whenever you are in doubt, or when the self becomes too much with you, apply the following test. Recall a weakest man whom you may have seen, and ask yourself if the step you contemplate is going to be of any use to him. Will he gain anything by it? Will it restore him to a control over his own life and destiny? In other words, will it lead to 'swaraj' for the hungry and spiritually starving millions? Then you will find your doubts melting away." - Mahatma Gandhi. 4.1 A constitution should be a document of consensus as all have to swear by it "The law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions...It is wrong to alter this law or to repeal any part of it, and it is impossible to abolish it completely. Neither Senate nor people can free us from its obligations...It does not ordain different laws for Rome and Athens, for now and in the future, but one etemallaw and unchangeable law validfor all nations." 4.3 The constitution should preserve the natural law for harmonious living that exists in the family and extend it to society As with the family, the community also should be free from unnecessary interferences, Acharya Vinoba Bhave (1895-1982) stated in his Swaraji Sastra; "The state exists merely to apply to the whole of society the economic principle which is found everywhere to a greater or less extent in the family." The constitution should not be an instrument of coercion to impose alien systems on the society. 4.4 The constitution should not be a hindrance to progress 4.5 It should be flexible 4.6 The constitution should be progressive 4.7 It should accommodate ultimate goals and means 5. Practical Approach to a Natural Polity At the grassroots level where most of the power for basic issues resides, it would be a faceto-face society. Executives and representatives would be selected and elected unanimously or by consensus for limited terms. These representatives would elect the executives and representatives at the next level, whom they would know through working together. The elections thus would be inexpensive and foolproof against large-scale manipulations. We should develop such a natural polity and set a model for the rest of the world. We should not waste our efforts in struggling to prevent the breakdown and abuse of an inherited alien system and waste our creativity for piecemeal reforms. 6. Cosmic Constitution The universally perceived need for constitutional changes makes this the right time for attempting such a mission. Of all the countries, India needs and deserves it the most. Half a century of experience makes us fully aware of the capabilities and pitfalls of the present system. Serious thinking and discussions by Mahatma Gandhi and other leaders in the decades before independence have brought out the basic issues and constitutional alternatives. Since then, the modern trends of empowerment through technology and communication have become very evident. These have made it possible for individuals and communities to be self-reliant to pursue their objectives efficiently. The need for liberalisation is universally recognised. The protection of the environment and sustenance of the globe are considered possible only through decentralised and enlightened communities with self-governing sovereignty. Such a framework can be developed for every nation or community in the world. The objectives of a universal or cosmic constitution would be the following: 6.1 Ensure freedom of the individuals and entities formed by them or their groups, such as families and self-governing communities. 6.2 Facilitate progressive and proactive development of individuals and communities including nations by enhancing their empowennent. 6.3 Remedy basic problems arising from alienation. 7. Electoral Refouns: A Piecemeal Approach. An example of a piecemeal approach is the 15th National Law Commission Report for Electoral Reforms submitted in July 1999. For the problems identified, the Commission came up with a set of recommendations that is bold and sharp. The problems identified for solution were the following: The reforms proposed by the Commission include the following: 2. Pre-election alliance treated as one party. Defection after election disqualifies members and component parties. 3. No entry into parliament to parties with less than 5% of total vote cast in the country The Commission hopes that these recommendations will be enforced to ensure a stability and integrity after the next election, i.e. the 14th General Election of India. Some of the recommendations of the Commission are timely. Prevention of criminals from contesting elections and insistence of internal party democracy are necessary for justice and credibility of the system. These reforms are necessary to prevent the breakdown of the present system of parliamentary democracy. It is clear that stability can be achieved through such a reform. But this is done at what price? In some of the recommendations, the options available to the citizens are reduced. Established parties are accorded the exclusive rights to play the game and people become subservient. Those who can control parties have an easier time to dominate without challenge. Change becomes difficult and creativity is curtailed. The following objections to some of the recommendations of the report are to be answered: These proposals tend to sacrifice the will of the people at the altar of the stability of the established system. These changes tend to deteriorate even further the level of self-rule and options provided to the citizens in the past. All this is due to the limited scope of the reforms and the problems they addressed to solve, within the constraints of the existing system. On the other hand, a participatory democracy built up from the grassroots with appropriate election procedures would have solved most of the problems. The creative changes consistent with the nature of the people, the trends of the time and the available means would enhance Swaraj, self-rule with self-restraint. 8. Dedication ------------------------------------------- Article
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