Day 2 – Q 2. A Constitution reigns supreme provided it is backed by a complementary political will. Do you agree with this view? Elaborate your response.

2. A Constitution reigns supreme provided it is backed by a complementary political will. Do you agree with this view? Elaborate your response.

2. एक संविधान सर्वोच्च शासन करता है बशर्ते इसे एक पूरक राजनीतिक इच्छाशक्ति का समर्थन मिल जाए। क्या आप इस विचार से सहमत हैं? अपनी प्रतिक्रिया विस्तृत करें।

Approach:

• Write a 2-3 lines introduction to show your understanding of the question and your agreement or disagreement with the statement
• The body should include examples of how with ‘political will’ spirit of the constitution is upheld at the same time give examples about negative fallout of not having the political will
• Provide an optimistic conclusion

Introduction:

Dr. B R Ambedkar in his last address of the constituent assembly had said that however good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good.

(By writing such quotes you can show your agreement of the statement)

Body:

Instances/examples to show robust political will complement constitutional ideals

• Provisions under DPSP, even though explicitly mentioned under article 37 (fundamental in the governance), to implement them requires political will, in order to establish a welfare state.
• Laws enacted for the establishment of equality, liberty and fraternity etc. which are ideals of Preamble
  • Prevention of Untouchability Act
  • Prevention of Atrocities Against SCs/STs Act
• Laws/ schemes for the welfare of vulnerable sections
  • Sugamya Bharat Abhiyan
  • Maternity Benefits Act etc
• Amendments/ laws enacted for the implementation of DPSPs:
  • 73rd and 74th Constitutional amendments
  • Environment protection laws
• Land reforms example is an apt example, as only a handful of states like Kerala, West Bengal could progress successfully on this aspect.

Instances to show negative fallout of bad political will

• Many of the Constitutional amendments made during Emergency were against the ideals of constitution
• Use of money and muscle powers hindering the free and fair elections as mandated by constitution
• Misuse of Governor’s discretion etc

Instances to show lack of political will

• Delay in the appointment of Lokpal
• The unwillingness of political parties to come under RTI

Conclusion:

Awareness among the citizens is necessary to build up pressure on the political class. Media, pressure groups, judicial pronouncements help in building political will which in turn makes constitution reign supreme not only in letter but in spirit.

Nevertheless, the complementary political will is crucial, as the legal sanction through law is the key to furthering the vision of the constitution, as it is representative of the wider public.