THE GIST of Editorial for UPSC Exams : 18 APRIL 2019 (Ambedkar’s ideas of social justice still haunt country’s constitutional apparatus. How much have we achieved? (Indian Express)

Ambedkar’s ideas of social justice still haunt country’s constitutional apparatus. How much have we achieved? (Indian Express)

Mains Paper 5 : Social Justice
Prelims level : Not Much
Mains level : B R AMBEDKAR views on Social Justice

Context

•  B R AMBEDKAR is rightly regarded as the principal architect of our Constitution. In the course of his labours, he studied the constitutions of several countries and worked tirelessly.
•  Ambedkar believed that unless the moral values of a constitution are upheld, the grandiloquent words in it will not protect the freedom and democratic values of the people.
•  Ambedkar also attached great importance to constitutional morality in the working of the Constitution:
•  He explained this by referring to Grote, the Greek historian as paramount reverence for the forms of the Constitution, enforcing obedience to authority acting under and within these forms yet combined with the habit of open speech, of action subject only to definite legal control.

Decision making power by the President

•  Ambedkar was of the opinion that the president was bound by ministerial advice, and, Rajendra Prasad, the chairperson of the constituent assembly, had protracted exchanges with Ambedkar on this issue.
•  Ambedkar was of the firm view that “the President could not act and will not act except on the advice of the Ministers.
•  He will never be able to act independently of the Ministers”. These passages are reproduced in the landmark judgment of our Supreme Court in Shamsher Singh’s case, in which the

Court accepted Ambedkar’s view.

•  Ambedkar was also passionate about the guarantees of fundamental rights being appropriately incorporated in the Constitution.
•  The subject of fundamental rights was debated for 38 days after which the Assembly adopted a fairly comprehensive array of basic human rights covering a wide spectrum.

Way forward

•  It is trite that rights without remedies are meaningless. Guarantees of fundamental rights remain ornamental promises unless they can be judicially enforced.
•  With that objective in mind, the draft Constitution provided that a person can move the Supreme Court directly for the enforcement of his or her fundamental rights without going through the high court.
•  Social justice was Ambedkar’s mission. He fervently believed that mere equality on paper was not sufficient.
•  What was needed was de facto equality, real equality of opportunity for the millions who had been denied it.
•  In ringing tones, on the last day of the constituent assembly, he pointed out the perils of a “life of contradictions”:
•  “How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril.
•  We must remove this contradiction at the earliest possible moment else those who suffer from inequality will blow up the structure of democracy which this Constituent Assembly has so laboriously built up.”
•  The anguished questions posed by Ambedkar continue to haunt us. Social justice, the signature tune of our Constitution, still eludes us.
•  But we cannot afford to give way to despair.
•  The struggle for social justice must continue with determination and its achievement would be the best tribute we can pay to one of the greatest sons of India.

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General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q.1) Consider the following about Nuclear Triad.
1. A triad consists of nuclear weapons delivery by aircraft, ballistic missiles and submarine launched missiles.
2. India is the only country other than USA to have a nuclear triad.
3. Completing a nuclear triad is a pre-requisite for membership of Missile Technology Control Regime (MTCR) for non-signatories of NPT.

Select the correct answer using the codes below.
a) 1 and 2 only
b) 1 only
c) 2 and 3 only
d) 1 and 3 only

Answer: B

Mains Questions:
Q.1) Ambedkar’s ideas of social justice still haunt country’s constitutional apparatus. How much have we achieved?