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Guest Paper*
AMBEDKAR AND
COURTS OF LAW
Ambedkar is the Father of the
Constitution of India. Constitutions are
the Primary Law of the Countries. That
is so in any Nation. Constitution is the
foundation on which every Institution and all Laws, the New Ones must spring,
and all other Institutions and Laws – the old and existing ones must be in
conformity with, to survive exist and be applicable
and enforceable.
Ambedkar is the Father of
Indian Constitution. For many with some
ideological reservations or caste considerations, rise some mental blocks to
concede this in public. Assuming he is
not the Father of the Indian Constitution, he can not be brushed aside, as the
Constitution of India is intrinsically associated with him, he was for years involved whole time with it, during its framing. So is he the framer of the Constitution of
India. Perhaps not. There was the Constituent Assembly. There was its Chairman. And there were so many large number of Members, who were very much interested, and were
actively participating in the framing of the Constitution. So it may not be really right to say that he
was the framer of the Indian Constitution, or the sole Member who framed the
Constitution. Perhaps
not. Was he the one who drafted
it? Certainly not? Was he the one who wrote it? No!
And then what was he, so closely associated with it. It is for each one of us to decide for
ourselves.
Ambedkar
definitely was there, and he was the one who went through the entire
Constitution of India, Clause by Clause.
He often phrased many of them, rephrased modified rewrote and replaced
them whenever required, as and when the need for them was felt. He then legally hammered them in the words
and appropriate grammatical tenses, to give them a shape, and finally make each
class acceptable. That was necessary, to
muster full or adequate support in the Constituent Assembly, to finally pass
each one of them, as binding and enforceable Constitutional Provisions. So, in the end, Ambedkar was definitely the real maker of the Indian Constitution. And then, Ambedkar
as so close and intimate maker of the Constitution of India, if he was not the
Father of the Indian Constitution, who else could be?
Ambedkar’s thoughts
ideas ideals explanations arguments defence and wisdom, for each one of those debated
and hotly contested clauses and provisions, are very much there. They could be found in the Constituent
Assembly Debates and Speeches, as he himself personally explained and justified
why a provision was made, its meaning purposes desirability goal and
effect. He also had clearly clarified,
why what-for and what actually a word meant for both the Constitution and the
Country, to make it clear, why they were all so made and built into the
Constitution, as the Constitution was made.
I wish we all recognise his hard-work and great sincere contributions.
A
Constitution so meticulously made, and sincerely framed, I am sure will
survive, and we will all respect, admire it truly and honestly, from the depth
of our hearts. And I hope,
we will also be honestly grateful and indebted to Baba Saheb
Dr Ambedkar, for his contributions in making the
Constitution. I personally regret at
times, for many things as they are today.
But then,
I always
wish that Ambedkar is there, and his great ideas
ideals and wisdom will prevail in the Courts, and come out from there as the
Spirit of the People and their own Constitution.
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