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Wednesday, January 20, 2021

The limit of law

Running 86,he holds the distinction of being the oldest practicing lawyer in Pune District and now,after all these years,an ancient record is what he wants to suffix his name with.

Written by Shashi Priya | January 26, 2009 12:33:48 am

The senior most lawyer in the city on how certain amendments have made the Indian Constitution vulnerable

Running 86,he holds the distinction of being the oldest practicing lawyer in Pune District and now,after all these years,an ancient record is what he wants to suffix his name with. After over 40 years of experience in the field of law,the man whose profession’s nature made him remain vigilant on every new article introduced to the Indian Constitution says,”We The People” still have a long way to go.

At 86 with over 40 years of experience,advocate Punjab Rao Jadhav,feels that the laws in the country have been twisted and turned a little too much in all possible wrong angles,to remain strong enough to provide the citizens with a safe and secure future.

“There are almost over 100 amendments in the Constitution. Out of which most proved to be failed attempts to benefit the state. The minor amendments in the Constitution over the period should have been those,which with passing time were necessary to be included. Something which the architects of our Constitution could not foresee because of obvious reasons and not those which completely violated Constitution or the ones that were made taking advantage of the liberty given to the coming generation to modify the Constitution to suit the needs of the present day world,” says Jadhav who also is the former president of Pune Bar Association.

Jadhav,who feels poverty does not have a caste,says the Reservation Bill that was tabled in Lok Sabha last year would be another article that will prove to be a severe blow on the Constitution. “How can you decide who is poor according to one’s social situation. The criteria should obviously be based on the financial situation. An OBC person can be poor and so can be an upper caste person,” says Jadhav. The Bill seeks to amend the Constitution by inserting a new clause (5) in Article 15 for the advancement of socially and educationally backward classes or SCs/STs.

Also according to Jadhav the 73 rd amendment in 1992 that provided three-tier system of Panchayati Raj for all states having population of over 20 lakh and gave the power and authority to Panchayats to function as institutions of self-government has further made the sixth scheduled councils especially made for the north east states almost redundant. ” The establishment of the finance commission is meant to prevent the Panchayats from falling into financial starvation. Whereas the scheduled district councils are solely at the mercy of their state government. They often complain that they have not received what the state owes them,and with the subsidy withheld,they are often paralysed,” elaborates Jadhav.

Where many articles introduced to the Constitutions are redundant and at times backfire creating dire consequences there are some who have benefitted the state as well. But Jadhav being a senior citizen of the nation is highly disappointed in the ways the Constitution is amended. According to him the public space for autonomy and free association is shrinking with most of the new articles introduced in the Constitution.

Also Jadhav brings to the forefront some fiscal loopholes in the constitution. Acoording to Jadhav since India’s freedomstruggle was a complete political movement and not an economic one,the leaders did overlook some imporatnt fiscal points.

“There is no check on unbarred capitalist exploitation and the Constitution gives no guarantee for increasing the purchasing capacity of every individual. Also,the president has no constitutional power to check financial or fiscal matters. This is what should be amended,” says Jadhav.

To Jadhav the amendments in constitution are arbitrary which he feels have been made to suit the intrest of the politicians. ” The laws for the Judiciary should be amended. Lakhs of cases are pending in the garb of proceedings. There are no stringent laws in Constitution with regard to curb the corrupt practices of the diplomats and politicians,” says Jadhav

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