THE FUTURE OF CONSTITUTIONALISM
By P. Rajeshwara Rao
ONE
encouraging development after the second World War is the expansion and growth
of constitutionalism. New constitutions have been adopted in France, Italy,
China, Japan, Brazil, Venezuela, Burma, Indo-China, the
three State of Germany, and lastly India. It is said that the State is the
expression of law, and law the expression of moral order. In some cases while
law is liberal, life may be reactionary. There is no constitutional alchemy by
which we can get golden conduct out of leaden instincts. If the
constitution-makers move further than human nature, people may refuse to
conform to their vision.
The
factors that foster and promote constitutionalism are an instructed and
elightened public opinion, a responsible opposition, freedom of expression and
association, and a high standard of integrity and purity in public life. Belief
in the efficacy of literacy and education as a guarantee of the continuance of
constitutionalism has to be revised, in view of the experience of Germany under
the Nazis and Russia under the Soviets. The Constitution is only a skeleton.
The life and soul is supplied by the people who form and work the Government.
There are examples in history where Governments based on the most liberal and
democratic constitutions became mere engines of oppression and tyranny, for, a
particular man or group of men who happened to control the Governmental
machinery were reactionaries. The fate of the first and second French Republics
as also of the Weimar Republic of Germany is well known. Thus the action and
interaction of institutions and men, their education, culture, outlook and
character determine the measure of success of democracy. The institutional
checks and balances, however perfectly devised, have a restricted scope.
It
is said that democracy is government of the people, by the people, and for the
people. But the democratic sense is easily satisfied, when elections are held.
Afterwards the persons elected do not take a vital and continuous interest.
Thus, “Democracy,” in the words of Dr. Pattabhi Sitaramayya, “is a direction
and not a destination; it is an attitude rather than an attainment. It is ever
on the move and never reaches a destination. It has only a beginning and knows
no end. It is a way of life and not a system of activity. Precedents are
milestones on the path of progress.” Historically speaking, “Parliamentary
rule,” as Prince Kropotkin pointed out, “is preeminently a middle class rule.
The middle class used this system to raise a barrier between itself and Royalty
without giving people liberty.” Peace and contentment are intertwined.
Democracy, to be real and living, must be an economic fact and a social reality.
The
prospects of a revolution have to be examined in their proper perspective.
Revolution is after all a revaluation of our ideas and ideals, ways and means
in the context of changed conditions. Slow evolution is the root cause of all
revolutions. Revolution constitutes a repudiation,of the past. Irrespective of
its cost today it rushes on to tomorrow. It marks a new beginning. Thus
revolution implies the asserticn of fresher and stronger forces. Human history
is full of such assertions. In order to secure a dignified place in history it
should be bloodless and peacefull. Wisdom lies in curing the causes of
revolution and constitutionally directing the pent-up forces through the proper
channel.
When
there are millions of our countrymen who do not know what a square meal is, and
do not get sufficient clothing to cover: their shame, and when they consider
dirt and vermin as their natural surroundings, democracy and constitutionalism
will have no healthy appeal. It is hunger and unemployment that drive people to
adopt unconstitutional ways. The slogan “Give us bread, or else, we will grow
red,” tends to gather adherents. Even though one is not a revolutionary by
temperament and training, he may become So by necessity. Upheavals on the
frontiers will quicken the process. Thus Communism appeals to the backward
peoples who are weak, illiterate, depressed, and poverty-stricken. It calls
upon people to adopt drastic and ruthless ways to bring about economic justice.
Though the ideals of Communism are laudable and desirable, the ways and means
adopted to achieve the same
are certainly
objectionable. There can be no real compensation for loss of freedom and human
dignity. Taking advantage of the situation, the vested interests try to capture
power in the name of nationalism and democracy. But after getting power they
manoeuvre to consolidate their position and perpetuate their hegemony. At such
a juncture, the thinking public may be inclined to share the belief of Prof.
Harold J. Laski that,” “People who want to destroy the extreme Left are a
greater threat to democracy than the exreme Left itself.”
A
contented, strong and incorruptible middle class may be able to save the
situation if it is given a fair chance. Unfortunately, it is sandwitched
between the unimaginative and selfish rich, and the poor who are restless and
assertive. In fact, the survival of an honest and hard-working middle class has
become problematic. A progressive deterioration is apparent. Their exit seems
to be a matter of time. Naturally, they tend to swell the ranks of the poor and
provide them with leadership.
Thus
the contest is evidently between constitutionalism and dictatorship, because
the former advocates government not of men but of law. Communism in enveloping
the countries of South-East Asia: The latest developments in China, leading to
the dramatic success of the Communists, is a pointer to India. If India
is to escape this tidal wave, the approach should be positive. Barricades of
economic equality arid social justice should be: erected at once. The policy
and the programme should be such as to inspire the masses. It is imperative
that- our leadership should be calm in the midst of calamity, hopeful under
depressing conditions, and sure of eventual-triumph. It remains to be seen how
the Indian leaders will face the situation and discharge the duty they owe not
only to Indian posterity but also to the cause of democracy and
constitutionalism.