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  • Category: India

    Indian Constitution Law with loopholes: Is it deliberate or unseen?

    The Indian Constitution is the lengthiest written constitution in the world which came into effect on 26 January 1950 and were pulled from other constitutions in the world. Our Law is a mixture of civil, religious, common and customary, Islamic ethics within the legal framework and also cohere to the UNs instructions on human rights and the environmental law but it is pestered by many loopholes.

    There are many economic and corporeal loopholes in the Indian constitution as the law or its amendments are generally made by civil/public servant and not by lawyers /judges or advocates. They manoeuvre complicated language with a lengthy structure which can be exploited by power/authority people.

    Why are such laws made or amended so as to have so many loopholes that it helps any and everyone in power or with money? India being a multilingual, multi-social and multi-religious country and focus on unity in diversity, shouldn't the law be made for all-round welfare of its citizens, fair and just?

    (My 6th entry for the ISC 13th Birthday Special - A thread a day challenge. )
  • #702423
    What the author says cannot be agreed. The author probably has to understand the law making process in India. The constituent assembly had eminent lawyers and administrators. It has public leaders who knew the pulse of the people. They referred the constitution and governance of various countries and the final edition was after marathon discussions, draft,, reviews and changes etc.
    Our Constitution s not rigid and it is allowed dynamism to satisfy the people's need and requirements while safeguarding life and basic rights of the people with equality before law.
    Constitution has undergone many amendments answeringthe changing situations of the world and the new emerging issues and challenge. A Constitutional amendment or enactment of a new law has many phases and processes, and not a hasty act of one or two. Our Constitution has put many checks and balances to see that any new law also has to be as per our Constitution and should deny or annul any of the basic tenets of the Constitution and its intent and always safeguard the people's basic rights.
    Many of our Parliamentarians are advocates too or have law education. A need for a new law comes when people feel a need of such law to remedy some situation or to give legal effect to enable something good for people or they find that existing laws are insufficient to deal certain situations. Then the matter gets discussed and debated in pubic media and forums, in editorials and even there may be public demonstrations. Sometimes court give orders or throe hints to the government to come with a new Law or amend some existing clauses. Then the government works to brings it as a bill, The draft may be put in public domain and public opinion called for, the concerned bill is presented in Parliament, it is then discussed in Houses of Parliament, if needed sent to select committee and then passed with sufficient majority by Parliament. It becomes law after getting President's assent. Even after that it may stand test at Courts of Law if challenged.
    So it is not right to say that India Constitution is made with loopholes. It is one of the world's best Constitutions .That is why our country is still a successful functional democracy with people generally enjoying a peaceful life with free expression and speech. Let us preserve and protect that and our Constitution.

  • #702441
    When we make a rule book there would be flaws and deficiencies in it and people would find many loopholes and would take advantage of them. Law making is a continuous exercise and in that process we go on refining it as per the need of the changing society and fundamental principles. It is easy to say that we should correct and make it perfect but it is a herculean task to do it. In China, under the communist autocratic system no one complains about the rule book because people are punished before they read the rule book. So, there is no option there. In our democratic system the criminals know more about the law than the administration. It is an irony but unfortunately is true.
    Knowledge is power.

  • #702458
    It is understood that laws are made after discussions, reviews and changes etc but do we see that change when the bill is passed. We have the example of CAA where there was a nationwide protest on the draft but yet they passed the bill. Can we say that public opinion called for or was looked down? The Bill was passed and made law but yes, it is contested in the court but was that right on their ground to pass the law when you were not able to satisfy public. I don't mean to defame any individual as we are a whole and stand as a nation and it should be "For the People, By the People and Of the people" but many a time, it is felt that it only safeguards the bureaucrats.

    There are many laws that need amendments but still not done and nobody knows the reason. We can take the cases of Rapes, Abduction, murders, attacks, etc. Ours is a multi-national, multi-lingual and multi-cultural country and we cannot compare it with another country or their law as we have mixed community or people. It is never easy to make a foolproof law but many things can be changed or amended after it is debated or discussed on the public front but we never see such change. This is what makes me raise my hand and question about its loophole.

    “The most important thing in life is to learn how to give out love, and to let it come in." — Morrie Schwartz

  • #702502
    Wise men enact laws and rules to the best of their capabilities still flaws and errors remain there creating confusions in the minds of people and shrewd lawyers take advantage of those shortcomings. It is always like that and we are seeing it happening in our court rooms.
    Thoughts exchanged is knowledge gained.

  • #702994
    There are many cases where the defaulters are left free due to the loopholes in the law. We see many criminals are set free by the loopholes that are there in the law and they never amend it. Every day we hear about abduction, rapes, molestation, dowry, bribe, scams but yet these loopholes are not closed. This is what makes me think that the Law with loopholes is deliberately made.
    “The most important thing in life is to learn how to give out love, and to let it come in." — Morrie Schwartz

  • #704948
    As a responsible citizen, it is important to have complete knowledge of the country in which we live, especially it is very important to know about the things related to the constitution of the country, because only then you will be able to use your rights properly. India's constitution is considered the highest constitution in the world.

    This is because the rights of the people have been taken into consideration in the Indian constitution, as well as no one can abuse their rights, it has also been taken care of. Nobody can misuse it.

    Admittedly, there are many loopholes in the constitution even today, but amendments are made to them from time to time, people of different communities and religions live in India, making rules to take everyone together in such a way is not such an easy task.

    And we always understand one thing that the country is working in accordance with the constitution, but the development of the country is done by the development and behavior of every person, then the citizens along with the constitution will also follow the constitution properly.

    Swati Sharma

    Keep your Face to the SunShine


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