india china constitution

How would you evaluate their progress in terms of achieving

constitutional goal imagined by the framers more than 60 years ago?

Constitution of India, the longest written constitution of any country in the world. It lays down the structure stating the code of politics, powers, structure, procedures and duties of all the government institutions. It also sets out all the fundamental rights, the duties of citizens and the directive principles of state policy. The constitution of India was written and drafted by the constituent assembly who all were elected by the members of assemblies divided by way of provinces. The constitution lays down the most crucial things needed to govern the country. The basic structure is laid which is necessary for the governing of people. It also establishes the 3 main organs of the government that is the judiciary, executive and the legislature.

According to me, the most important people who are the framers of the constitution have been forgotten. Their struggle to make a document which state rules for such huge number of people, and force such rules on the people is forgotten today. After 68 years of the constitution been made, the constitutional goal which was to be achieved according to the framers has been diminished. It can be rightly said that the people have starting losing trust and faith in the constitution because of the various factors. The main factor being the politics and elections. There is so much corruption and abuse of power in the State assemblies and the Parliament.

One of the most important constitutional goal is that there remains economic and social justice. But both these things have remained an unfulfilled wish even today. The so called system or the administration has given rise to such economic inequality that has affected poor in the worst way possible. The country’s unity has been shaken to its core and people are more divided than they were before during the making of the constitution. The country is still churning under the pressure of the reservation and rights of the minority. The main idea of the framers was to grant the power to rule the country to its citizens. But today, due to such political and power imbalance, it is seen that the real power is with the corrupt elected leaders who are using in the worst possible way. They are using the power for their own benefit and to fulfil their individual needs. It is therefore an urgent need to review the constitution and it needs to be made suitable as per the goals which were imagined by the framers to be fulfilled. All this should be done in accordance with the current scenario of the country keeping on mind all the important aspects such as culture, religion etc.

The first and foremost Constitution of  China also called as People’s Republic of China was in 1954. After the 2 versions brought upon in 1975 and 1978, the current and newest Constitution was declared in the year 1982. There were important and significant differences between each of these three and different versions, and the 1982 Constitution of China has been changed and amended many times. The Constitution of 1982 is basically a Deng Constitution, it mirrors or symbolizes Deng Xiaoping’s ideas about China and modernising it, i.e., social and economic stability, development in terms of the income and opening to the outside world. The constitution’s aim is to find the its unique way of socialism.

The Constitution of China with its continuous amendments has now started accepting the universal human rights and the importance of such rights have been recognised. This can be seen after China included not merely such human and fundamental rights as defined in the Chapter II of the China’s Constitution but also in the two International Covenants regarding human rights that China has recently ratified. Right to strike has also been reinserted in the China’s Constitution and the same has been given place in the Article 33 of the Constitution of China, which states the rights of the citizens.

Although there has been many recent developments which has not only made the life of people easier and provided with some more rights. But it has many flaws, which needs to be addressed immediately. It has been seen that only including the rights in the constitution is of no use. One has to check that there are effective implementation procedures in place. There should be continuous checks and balances to evaluate the overall development of such human rights. The Constitution of Chinas is the reflection of what CPC thinks. It is basically the imposition of the thinking and ideology of the party on the people. Although such an approach is adaptive in nature but changing of such a document which is a fundamental charter of the country is not viable. It would undermine the sanctity of the Constitution and subsequently it is not what the framers thought and wanted for China’s development.

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