ARCHITECTURAL BEAUTY OF INDIAN CONSTITUTION: DR. BHIMRAO RAMJI AMBEDKAR’S MARVEL

 

ARCHITECTURAL BEAUTY OF INDIAN CONSTITUTION
DR. BHIMRAO RAMJI AMBEDKAR’S MARVEL 

( FROM A COMMON CITIZEN’S UNDERSTANDING PERSPECTIVE; 
REMEMBERING DR. AMBEDKAR ON THE REPUBLIC DAY)

 

On 26th January 1950, the most glitteringly celebrated Republic Day of India, it is Dr. Bhimrao Ramji Ambedkar ( otherwise popularly known as Dr. B.R.Ambedkar alias Babasaheb Ambedkar ), the illustrious son of India, placed the Constitution of India in the hands of the People of India to build a robust Nation, better than the best in the World. Babasaheb Ambedkar, possibly himself had not expected that he has been able to build a Constitution for India, that could have unmatched Architectural Beauty, a “Marvel” to nurture and maintain a democracy, that would be the largest democracy of the World.

Babasaheb Ambedkar, the genius and one of the most prominent Freedom Fighters of India’s freedom movement who closely worked with Mahatma Gandhi and his team, was tasked to write and build the new Indian Constitution after the Independence of India from British Rule on 15th August 1947. He was recognized as the most intelligent and astute luminary and at one stroke; a Jurist, Economist, Politician and Social Reformer who would be able to design and build a new Constitution of India ( new means a Constitution for Post-Independent India ) in the most diligent manner, the architecture that could stay and pass the test of time to sustain the Indian Democracy for the long time to come.

Dr. B.R. Ambedkar studied the constitutions of minimum 60-countries of the World before he started designing and writing the Indian Constitution. He had a team with him tasked with the job, whose wisdom and dedication for the purpose was also unmatched and remain recognized over the 7-decades that have gone through by now and will remain recognized duly for all times in the future.

Babasaheb visualized, the design of the Constitution of India should be best founded on 4-Critical Pillars and 2-Tiers of Interdependent Federal Structure, that could keep the large geography and diversity of India best bound and well functioned under secular and democratic principles.

The 4-Critical Pillars were designated as:

a)   The Legislature ( the Parliament at the Centre or the Assembly at a State)

b)     The Executive  ( the Government at Centre or at a State )

c)    The Judiciary    ( the Supreme Court at the Apex and High Courts at the States )

d)    The Media ( the Communicating Mouth Piece of the People and the Pillars of Democracy, neither appointed nor controlled  )

 

The 2-Tiers were designates as :

i)    The Union of India ( The Centre ) – the Federated and Interdependent Structure combining the States/Union Territories, having jurisdiction over the entire sovereign geography of India.

ii)   The States /Union Territories – bound by jurisdiction over defined geographical territories within the Union of India.

 

a) THE LEGISLATURE - It is the Parliament, consisting of two houses of the elected Representatives of the People of India that would function as the Supreme to do enactments as laws of the land, as code of conduct for functioning of the Indian Society. The Lower House ( the Lok Sabha ) would consist of the directly elected representatives of the People and the Upper House ( the Rajya Sabha ) would consist of the indirectly elected ( elected by the directly elected representatives ) representatives of the people.  An appointed President, assisted by an appointed Vice-President ( to Chair the Upper House, the Rajya Sabha) and an Appointed Speaker ( to Chair the Lower House, the Lok Sabha )   would head the Legislature and be entitled for advice and directions to the appointed Executive Head ( The Prime Minister ) and appointed Council of Executive Functional Heads (  The Council of Ministers ) . Similarly there exists Replicated structure for a State with a State Assembly, an Appointed Governor as Head of the State Legislature entitled for advice and directions to the appointed Executive Head ( The Chief Minister of the State ) and appointed Council of Executive Functional Heads (  The Council of Ministers of the State ).

 

b)  THE EXECUTIVE  - The Executive is otherwise called as the Government, it is the Central Government for the Union of India and the State Government for a State. The Executive is answerable, to the Parliament for Union of India, and to the State Assembly for a State. It is understood that the Executive of an Union Territory comes under the Central Government and remains answerable to the Parliament through the Executive of the Union of India. The Prime Minister is the Executive Head of the Union of India and the Council of Ministers is the Council of Executive Functional Heads for the Union of India. Similarly the Chief Minister is the Executive Head of a State and the Council of Ministers is the Council of Executive Functional Heads for the State. The Executive as per the constitutional structure is appointed by the President at the Union of India ( or for an Union Territory ) and by the Governor at a State.  The Executive is bestowed with the powers to implement the laws of the land enacted by the Legislature and administer the whole system with clearly defined jurisdictions and functional areas under the territorial jurisdictions of the Union of India or a State. The Executive is a Federated, Collaborative, Interlinked and Interdependent Structure well defined under the constitution. It has been given a hierarchical design, though clearly not a Boss-Subordinate hierarchy among the Executive at the Union of India and the Executive of the States. However, de facto, the design enforces conduct among the Executive of the Centre (Union of India ) and the States, that should be mutually respecting, honouring and obeying without deviation. The Executive has the command and control over all the resources, human, material and non-material with clearly defined jurisdictions among the two tiers of the Executive. The Executive has the Command and Control over all the Resources within defined jurisdictions and also has the power to allocate the resources. Therefore, the Power of Command and Control as well as the Power to allocate the Resources of the Nation being bestowed with the Executive, in reality and practicality, the Executive is the day to day operator of the Nation and it has the potential to influence the other pillars of the Indian Democracy in any way and in any manner; while the other Pillars of the Democracy under the Constitution have been designed to ensure Checks and Balances over the Executive in its actions and powers of functioning.

c) THE JUDICIARY – The Judiciary is one of the Critical Four Pillars of the Democracy under the Constitution. By design of the Constitution, the Judiciary is bestowed with the Powers to review and put through legal scrutiny, that the laws of the land are implemented as per its letter and spirit of enactment, the enacted laws of the land are in conformity with the Constitution; and in case of any deviations either in enactment or implementation ( that would obviously affect the people of India ) or obedience by the people ( that would also affect the Indian Society ) it can give directions that should be binding and obligatory to follow for other Pillars of Democracy and the People in general.  The Judiciary comprises of the Supreme Court at the Apex (Union of India or Centre ) level and the High Courts at the State Level or Union Territories. The High Courts have sub-ordinate judiciary ( the courts below them ) who are guided and directed by the High Courts for their functioning. Again, the Judiciary comprises of two tiers, such as the Supreme Court at the Apex and High Court at a State, it is a hierarchical design by the constitution, however it is not a Boss-Subordinate arrangement. However, the Constitutional Design and Power mechanism under the constitution ensures that there is mutual respect, honour and obedience under a hierarchical mechanism enforced by the Constitutional System of operation. By design under the Constitution, the Judges of the Supreme Court and the High Courts are appointed by the President of India under combined advice/recommendation of Judiciary and Executive to ensure independence and autonomy of the Judiciary as a Critical Pillar of the Democracy to ensure checks, balances and compliance of the laws of the land and delivery of Natural Justice by other pillars of Democracy and the People in general.

 

d)  THE MEDIA – The media is supposed to be one of the 4-Critical Pillars of Democracy. By design of the Indian Constitution, it is the Communication Mouth Piece among the People and the Pillars of Democracy, meant to influence ( and ensure by peer pressure )  compliance by all pillars of democracy and the people for smooth and seamless functioning of the Democracy in India. The Media was never visualized to be Appointed or Controlled. The media derives its powers from the Fundamental Rights of Citizens ( the People) allowed under the Constitution  and the right to Freedom of Speech bestowed by the Constitution. It is the communication flow in all directions within the democracy that is supposed to be ensured by the media. And, the communication with the messages carried by it are supposed to be the greatest and powerful tools to ensure compliances, curatives and preventives in the democracy.

 

The FUNDAMENTAL RIGHTS allowed to the Indian Citizens (the people) under the Constitution quite generously and pragmatically, are supposed to ensure that the aforesaid Critical Pillars of Democracy function and deliver expectedly, adequately and diligently for the wellbeing and development of people and the Indian Nation as a whole.

 

The Architecture and Design of the Constitution of India, if followed by all the Pillars of Democracy so designated and the People of India in general, in its letter and spirit, India could flourish as a most prosperous and developed nation with peaceful and pleasant living of its people with unity and diversity within the designed federal structure, without cause for conflict, anguish, violence and loss of peace of mind, that is what possibly Dr. B.R. Ambedkar had visualized through the Constitution of India he designed and put in place. How much is being complied is a subject of deliberation ( not intended in this article), however, it is the people who are observing and experiencing it and communicating from time to time within the sphere of available communication media that is being seen and observed by one and all. Deliberations is an ongoing process and keep happening within the Indian Society from time to time.

The contents of the Constitution of India can be accessed by the readers in detail to get themselves apprised about it in depth and I had no intention to place here or deliberate over it in its micro details here. The Purpose of placing this article is to recognize and appreciate duly as a common Citizen, the beauty of the Architecture and the Marvel as the Constitution of India that Dr. B. R. Ambedkar has been able to deliver and gift to the Indian Nation as an illustrious son of India. This Contribution of Babasaheb Ambedkar to the Indian Nation would continue to be saluted by its people for all times to come.

Dr. B. R. Ambedkar has been duly conferred with the title of “ BHARAT RATNA “, the Highest Civilian Honour ( award ) that Indian Nation gives in the contemporary times. It is also a formal acknowledgement of the contribution of this Great Son of India, by the Nation. Though, under all circumstances, no formal award or appreciation would ever be enough or adequate to equate the Contribution of Babasaheb Ambedkar for Indian Nation during its freedom movement or in terms of the Constitution of India.

The Republic Day of India being celebrated most glitteringly with showcasing of the might of the Indian Nation on every 26th January and in a sense it would remain incomplete without remembering Dr. Babasaheb Ambedkar ( 14 April 1891 – 6 December 1956 ) as the present Constitution of India was accepted by the Indian Republic on this day in 1950. This Great Son of India remains saluted by Indian People for all times to come.

 

( This article has been written on 26th January 2021, on the Republic Day of India as tribute to DR. BHIMRAO RAMJI AMBEDKAR , the Architect of the Indian Constitution adopted post-independence of India. The Article is written by a Common Citizen of India appreciating Dr. B. R. Ambedkar from a common citizen’s understanding perspective of the Beauty of Architecture of Indian Constitution, it is not intended for any debate among the Constitutional Experts or Jurists in any way. The views are the Author’s individual understanding of the Constitutional Architecture for giving some and reasonable understanding to the readers and not meant to be put for any legal scrutiny before any forum in any way – a disclaimer to that effect ).


About the Author :   Dr. Nimain Charan  Biswal is a B.Sc.(Agri. Science and Technology). M.B.A. and Ph.D.( Management Area ) by qualifications and he has 35 years of work experience in both  industrial and development sectors in diversified fields of social importance. He has been educated at Orissa University of Agriculture and Technology (OUAT)-Bhubaneswar, Institute of Rural Management Anand (IRMA) and Gujarat University ( with Resource Support of IIM-Ahmedabad ). Dr.Biswal is further educated at IIM-Calcutta, XLRI-Jamshedpur, Apple Computer Industries and Spar Inc., USA. He has worked for reputed National and International Organisations in Senior/Top Management Capacities. He is a management  expert covering extensive areas from management in agriculture, industrial management, development management to management of public systems. He is a prominent professional of India and known Internationally as well. He lives at Mumbai in India.




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