Loopholes in the Indian Constitution

There are several fiscal and psychological loopholes in the Indian constitution.

Fiscal Loopholes

1. There is no check on unbarred capitalist exploitation.

This is because the leaders of the independence struggle did not give any economic sentiment to the people. The only sentiment was an anti-British sentiment.

Thus the independence struggle was only a political movement and not an economic movement.

After 1947, instead of white exploitation, brown exploitation emerged.

1947 brought only capitalist political liberty but not economic freedom. As a result, unbarred economic exploitation continues today.

2. The constitution does not guarantee for increasing the purchasing capacity of every individual.

3. The president has no constitutional power to check financial or fiscal matters.

The Indian economy is controlled by a few business houses through some chambers of commerce.

The president has no constitutional power to check either the price level or the degree of exploitation. Neither the president nor the prime minister can check these.

4. There is no provision for inter-block planning for socio-economic development.

5. There is no clear concept of balanced economy.

Psychological Loopholes

1. The imposition of a regional language as the national language.

English imperialism has been followed by Hindi imperialism. Hindi is only one of many regional languages.

The selection of one such regional language as the official language adversely affects the psychology of people who speak other languages.

As the consequence of such a defective language policy in the constitution, the non-Hindi-speaking people face unequal competition at the national level and they are forced to use a language, either Hindi or English, which is not their natural language.

Hence they are relegated to “B class” citizens.

No regional languages should be selected as an official language in a multi-national, multi-lingual and multi-cultural country like India. Such a selection would affect the minds of other non-Hindi-speaking people.

Hindi is just a regional language like Tamil, Telegu and Tulu.

It is a good language but it should not be forcibly imposed on others.

India is a secular country but Pakistan is a Muslim state and Nepal is a Hindu state. They may or may not impose a language on their people, but in India this imposition should not take place.

The spirit of secularism provides equal scope and equal avenues for all for the maximum psycho-social-economical development of every individual.

When the Indian parliament debated the issue of official languages, the constituent assembly was equally divided into two.

The then chairman of the Constituent Assembly at that controversial stage cast his all-important vote in favour of Hindi. Thus Hindi becomes the official language of India by a single vote.

Sanskrit can be the national language of India.

It is the grandmother of almost all the modern languages of India and has a great influence on the languages of India.

It may take 5-100 years to spread this language to all people.

Roman script should be used since Saḿskrta has no script of its own. All groups of people including linguists of India should join together and decide this controversial matter.

2. There are several disparities in the law.

The constitution of India proclaims that all are equal in the eye of the law. But in practice, this principle is not followed, and as a result disparity is growing in the arena of law and justice.

Such disparity is adversely affecting the different groups of people in the country.

For example, there are disparities between the Hindu Code and the Muslim Code.

Hindu women and Muslim women, although they are all Indian citizens, do not get equal advantages of law.

For instance, according to Hindu law, a man cannot have more than one wife, but a Muslim man is entitle to have more than one wife.

A Hindu husband or a Hindu wife is required to approach the court to secure a divorce, while a Muslim man is entitled to divorce his wife without the permission or approval of the court.

Moreover, a Muslim husband can divorce his wife but a Muslim wife cannot divorce her husband. Besides, a Muslim husband is not required to show [[any reason for the divorce]].

Disparity in the eye of the law is creating all these problems.

The root of all these evils lies in the psychological loopholes of the Indian constitution.

Why is the constitution allowing the Hindu Code and Muslim Code to stand side by side?

Let there be only one code – the Indian Code.

This Indian Code should be based on cardinal human values, with a universal approach and Neo-Humanistic spirit.

Then only equality before the law can be established in practice, and equal protection of the law for all can be guaranteed. So the constitution should remove the psychological loopholes by eradicating existing disparities in the eye of the law.

3. There is no law against the indiscriminate destruction of flora and fauna due to the absence of Neo-Humanistic sentiment.

In the Cosmic Family of the Parama Puruśa, humans, animals, plants, and inanimate objects exist together and maintain a harmonious balance.

However, human beings, because of their superior intellect, are indiscriminately destroying plants and animals for their own narrow, selfish ends.

In the constitution, there is no provision for the safeguard of the plants and animals. In a constitution, there should be safeguards for the lives of plants and animals. The absence of such provisions in the constitution creates psychological loopholes which should be corrected without delay.

4. The relation between the centre and the states in a confederation should be clearly defined in the constitution.

Otherwise, there will be centre-state conflict and the whole country will be psychologically affected.

Two important aspects should be clearly defined:

• The right of self-determination
• The right of secession of a particular component of the confederation.

In the constitution of India these are not clearly stated.

As a result, the relation between the centre and the states is always strained and pressured.

5. There are no clear definitions of scheduled tribes and scheduled castes.

Rather, these lists have been wrongly prepared on the basis of racial considerations. Instead of this unscientific approach, Scheduled Tribes and Scheduled Caste lists should be based on economic backwardness and educational backwardness.