PEOPLE’S CHARTER

We, the People, and Gandhi
50th Anniversary of Gandhi’s Martyrdom

 The constituent assembly adopted a constitution by which it assigned all resources of the people to the union and state governments, authorised them to take all decisions without accountability, keep the people in the dark, create an overbearing state bureaucracy to rule over them and make local governance which is pivotal in democracies, weak and ineffective.  This is no democracy.  Based on exploitative colonial institutions, it looks more like colonial self-rule!

Influenced by the perceived success of Soviet centralised socialism, the leaders adopted Soviet type centralised planning and a controlled economy.  They, thus, created a mixed economy in a mixed-up polity.  Right from the beginning, it failed to tackle basic social issues.  It fostered lack of political accountability and ever increasing overheads, misuse and wastage of resources and corruption.

Clearly, the constituent assembly was to function as a trustee of the people.  By adopting such a constitution and authenticating it in the name of “WE, THE PEOPLE OF INDIA,” it unwittingly abused the trust reposed in it.  The legal and ethical legitimacy of the constitution which makes the representatives the masters and the people their subjects, is thus questionable.  Such an anti-people constitution based on exploitative colonial institutions, is a fraud on the nation and its people.  Gandhi and all those who gave their lives for freedom were betrayed.   

Gandhi advocated a democracy in which power flows upwards from the people.  It provides for exclusive jurisdictions (interestingly, with presidential system) at local, state and national levels.  It has been documented in Prof Shriman Narayan Agarwal’s book “Gandhian Constitution for Free India” with an acceptance foreword by Gandhi (Kitabistan, Allahabad,1946). It has great similarity with the best democracies of the world, notably the Swiss.  Gandhi added some powerful features for containing consumption and promoting social justice and equity.

Gandhi was the conscience-keeper of the nation.  As power came close, the political system distanced him from the decision-making processes. Rejection of Gandhi’s democracy resulted in rejection of all that he stood for.  The leaders now give only lip service to his teachings.  Very few know about the above-mentioned book.

Gandhi was talking of sustainability when no one was.  Had the Indian leadership followed him, India could have influenced the entire world.  The damage caused is thus colossal.

WE, THE PEOPLE OF INDIA THAT IS BHARAT, condemn all colonial institutions, practices and attitudes as they demean the nation and its people.  We demand that the commission being set up for constitutional reforms should draft a constitution based on the book “Gandhian Constitution for Free India”, make improvements if necessary, and get it authenticated by the sovereign people through referendum.

Impact of Gandhian Democracy

Gandhian democracy, by clearly defining roles at each level with accountability to the people through effective transparency, promotes responsible politics discouraging self-seekers and criminals.  It increases the political power and presence of all the people at all levels and reduces the bureaucratic stranglehold.  It drastically reduces overheads, misuse and wastage of resources and corruption. 

Management of land, police and forests with local accountability improves planning, land distribution and use, law and order and sustainable resource use.  Departmental heads, appointed on contract (approved and terminable) by the elected body, are accountable to the people.  Local empowerment facilitates education, stabilisation of population, social well being, care of the environment and communal harmony.

Rejection of Gandhian democracy resulted in rejection of all that Gandhi stood for.  Centralisation fostered colonial attitudes, suppressed our ethos and values and divided communities.  Gandhian democracy alone can revitalise our society, regenerate our values and develop the full potential of the people through local empowerment.

Gandhi was totally opposed to the partition of India.  The leaders accepted partition.  Many people held Gandhi responsible for it when he was not.  Gandhian democracy will bring prosperity with equity and pave the way for making South Asia a confederation of peace loving nations.

Strategies for Reforms

Contemporary democracy needs an independent constitutional authority - the “Sovereign Rights Commission” - at the union and state levels, to oversee the sovereign rights of the people to information, consultation, participation and referendum, issue guidelines and enforce their adherence.  It will institute reforms approved by the people through referendum, suitably phase them and monitor their effective implementation.

Shri PA Sangma, then Speaker Lok Sabha, circulated our document in the golden jubilee special session of the parliament last year.  He observed, “the study calls for truly autonomous democratic institutions upwards from the villages and creation of sovereign rights commissions to bring about changes through the pro-active initiatives of the citizens”.  The political system ignored the document. 

Justice MN Venkatachaliah, Former Chief Justice of India, has observed that referendum is the supreme sovereign right of the people intrinsic to democracies and exists even if not specifically provided for in the constitution.  He praises the concept of sovereign rights commission as providing a legitimate, non-violent process for transforming our society.

Having acquired centralised exploitative colonial power, the political system is likely to oppose democratic reforms. The people should appeal to the senior well-intentioned leadership.  They should also explore possibilities of judicial intervention.  They can challenge the legal and ethical legitimacy of the anti-people constitution adopted by the constituent assembly in the name of the people violating the trust reposed in it. 

The people can also pray for a writ on authorising the commission being set up to direct referendum or directing referendum on thus authorising the commission.  Various strategies, to get rid of demeaning colonial institutions and irresponsible governance they foster, need to be investigated.

Prepared by a group consisting primarily of Sunil Shastri, Chairman, Lal Bahadur Shastri Memorial Foundation, Dr BB Dutta, Member of Parliament (Rajya Sabha),  Ashok Khosla,  People First;  Anoop Chaudhari,  Former Advocate General, Madhya Pradesh,  Anil Laul, Architect-Planner;  Vichitra Sharma, Media Consultant, and coordinated by  SK Sharma, People First.

Visit our web site: http://www.ecouncil.ac.cr/devalt/peoplef.htm  q

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