A DANGEROUS PRECEDENT - ARTICLE 35A

10 Feb 2018 14:39:58

 

If we try to explain the birth of Article 35A in the dark echelons of Indian politics in a few words it can be done like this:

 

Prime minister of India prepares a proposal which in addition to introducing a new Article in the constitution of India amends several existing Articles and puts it before the President of India. The President realizes that he has no option but to sign the document because in our system of governance president is bound to sign the proposal sent by the cabinet. We don't know if the PM had actually placed it before the cabinet at all. However the president signed it. We don't know how the PM managed to convert it into a Article of the constitution without following the set procedure for any change in the constitution. He took care that the voters of India did not know about this step and even the house of representatives of Indian voters too was kept in dark, so that there no protest. The article was not placed after Article 35 where anybody could read it but removed from the main body and placed where only a highly inquisitive lawyer could see it but certainly not the general reader. Article 35A, besides creating a number of problems raises a question for us, the citizens of India also. What makes us sure that if one Government could twist our constitution to suit political ends and keep it under wraps so long , why can't any future Governments or politicians  shake the very foundation of our democracy ?

 

[This article is an extract from the book “Article 35A – Face The Facts” authored by Sh. Jawahar Kaul. Further chapters of this book will be covered later in a series.]

 

 

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