“Because I am first and ultimately an Indian. I am a constitutionally committed responsible citizen of this country…….

       Therefore, in any democratic country there are three organs — the legislature, the executive, and the judiciary. Among these, the judiciary bears the greatest judicial responsibility of protecting democracy.

        Because the court’s responsibility to protect democracy depends on the extent to which the common people are aware about democracy and especially about their fundamental rights.

       To give an example, just like England, if the common people are 100% aware, then even a written constitution is not needed there. Therefore, no burden falls on the court there either.

        The common people of America are also aware of democracy and their fundamental rights to nearly the same extent, which is why there is only a written constitution of merely seven articles there too.

        But because the common people of our India are divided into many religions (ritualistic superstitions), and especially having endured thousands of years of foreign slavery, the common people here being unaware about democracy and fundamental rights, Dr. Babasaheb Ambedkar had to create the written Indian Constitution of 395 articles.

       He had inwardly assumed that the society crushed under slavery and other common people (who had been worn down in the blazing slavery of foreigners), having spent thousands of years in slavery, would become worthy of protecting democracy, the Constitution, and constitutional institutions once they were established. This claim of Dr. Babasaheb Ambedkar appears to be proving hollow today.

       But still, regardless of how and to what extent the common people are aware or not, it was precisely to create awareness among the common people that Dr. Babasaheb Ambedkar created the above constitutional institutions.

        And among these three visible and one invisible constitutional institutions, the Supreme Court bears the greatest constitutional responsibility.

        When the Constitution was created in this country and the first gear of its implementation was put into action after 1950, from that very time — rather from the very process of its creation — anti-constitutional forces had started raising their heads (The Constitution was adopted on 26 November 1949 and the RSS protested against this Constitution on 30 November itself saying we do not accept the Constitution. Later, even a living funeral procession of Dr. Babasaheb Ambedkar was taken out). It had stung so deeply because an untouchable had written a constitution based on liberty, equality, justice, and fraternity!

         From 1951 itself, that is from the very first constitutional amendment, the anti-constitutional forces here were eager to seize any opportunity to strip the common people of their fundamental rights. But in the twentieth century, the Supreme Court maintained its constitutional commitment and never bowed before Parliament.

        During the Emergency in 1976, although an attempt was made through the 42nd Amendment to permanently remove fundamental rights, it was because of the Supreme Court’s vigilance that the fundamental rights of the common people survived after the Emergency.

        But in the twenty-first century, from 2014 onwards, this same RSS — that is, the anti-constitutional force — leaving no opportunity to destroy these constitutional values, deployed all its diplomatic strength. It began to clip the wings of democracy. First it began to clip the wings of the strong opposition parties here.

         Modi/Shah had declared that the aim was not just a Congress-free but an opposition-free India. Because in democracy, the opposition party itself is the living sign of democracy. Therefore, they first struck at eliminating the opposition party. And they succeeded in that too!…

         Because, to push aside constitutional values, ignoring the minority opposition party and using the brute force of majority, they created laws convenient to themselves, permanently suppressed the voice of the opposition, and began to strangle the fundamental rights of the opposition and consequently of the common people.

        After clipping the wings of the opposition party at the Centre, gradually in the first five years from 2014 to 2019 itself, they used the strategy of sama, dama, danda, and bheda (conciliation, bribery, punishment, and division) along with the help of institutions like the ED to either eliminate various small regional opposition parties in different states or make them their slaves, and using this policy, the BJP established its power in various states of the country. So that the dream of changing the Constitution could be fulfilled (later the construction of Central Vista and its inauguration was done without inviting the President, and it was inaugurated by a religious saffron-robed ascetic using the Sengol as a religious symbol) and by implementing Manusmriti, the aim of this anti-constitutional force was to finish the Constitution and democracy of the country within just 75 years like America. (In America too, within just 75 years of its birth, in 1865, there was a split between North and South America over wanting the slavery of Blacks. But the tough Abraham Lincoln prevailed over South America, and after just six years of war and the defeat of the South, North and South America reunited after the civil war ended. Today the dollar of that same America rules the world.) This reality cannot be forgotten by us.

        In such a period from 2014 to 2019, the same Supreme Court and High Courts set aside their constitutional commitment and began to align themselves with the anti-constitutional forces. (On whose orders was Judge Loya murdered. On whose orders did the Gujarat High Court force Rahul Gandhi to give up his parliamentary membership. On whose orders was a convicted murderer able to rise to the post of Home Minister.)

        Not only that, even after thousands of pieces of evidence of the people’s right to vote (which holds the highest position among fundamental rights) being snatched away through EVM were given to the Election Commission, it showed them the dustbin. When the petitioners went to the Supreme Court with demonstrative evidence, even then the Supreme Court sided with the Election Commission’s wrong stand.

         The meaning of all this is one and the same — that an independent constitutionally committed judicial system has not existed since 2014. This alone is proven.

Therefore now the only option left for us — that is, for the common people — is……

       The people’s court holds the highest position (the democratic street-level fight), and that is why this ideological awareness-awakening article series for tilling the ground…

Note :- This ideological article series is a continuous one. Therefore, it is the duty of each and every person to make it go viral as much as possible….

   Challenger

Anant Kerba Bhaware

Constitution Analyst, Renapur, Aurangabad, 7875452689….