The pre-Independence British rule in India has a definite influence on the Constitution of India. Nevertheless, India has adopted a Sovereign Socialist Secular Democratic Republic system of governance. Madras High Court Justice GR Swaminathan recently said in a private programme – ‘If the Constitution has to remain the same, the demographic profile which existed at the time of the formation of the Constitution has to be maintained. Only when the demographic profile remains the same, the Constitution will remain the same. If the demographic profile changes, the Constitution will perish’. Having said this, in the capacity of a sitting Judge, he also expressed his limitation on saying more on this issue.
Many in the Judiciary may be having similar views; however, only Justice Swaminathan has shown the courage to express himself, fractionally though ! His words just cannot be ignored. The black coat he wears, places limitations on his assessments alright; but forget not, the survival of the coat is subject to the survival of the Constitution. All said and done, the issue of the existence of the Constitution raised by him calls for serious discussion.
The culture and traditions of a country have a definite impact on the laws, system of governance and Constitution of that country. Indian culture gives supreme value to the modesty of a woman, and hence, extramarital affairs are considered immoral in India. A chaste woman in India will embrace death; but will not compromise her modesty. However, in the western world, in the name of freedom of expression, extramarital affairs are the norm and are given State recognition too. This is an example of the influence of a Nation’s culture on its system. Hence, Britain as well as India have democratic systems alright; but the concepts followed in day-to-day life are different according to their prevalent culture. When culture changes, the system changes. This clearly means that if the population of the Nation which believes in the Indian traditions and culture reduces, or rulers who do not believe in it come to power, the Constitution can be harmed. In fact, the followers of Indian culture and tradition are none other than Hindus. This is not a question of hurting someone’s religious sentiments, but the naked truth – the culture going on since the days of Ramayan, Mahabharat is the culture of Hindus. Burdened with the yoke of so-called secularism, Justice Swaminathan will be branded a fundamentalist, should he even utter the word Hindu; however, this should not stop Hindus from reading between the lines.
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