The Judiciary of the Bombay HC slams the nation as A Constitutional Idea , as like the nation or this country did not stood before the Constitution was upheld or wasn’t capable of. Similarly, when the Constitutional precept of values and fundamental rights do not convey what exactly this nation is all about or what exactly the people pf this nation aspire for, it might , despite all efforts, fail to recognise India.Does the right to live ( which although has been removed consequently when the ‘procedure established by law’ clause was given a due precedent, but Maneka Gandhi saved us by not catching that flight ) or the right to freedom of speech and many such corollary rights, though essential for the basic human rights deal with fundamental longing of an unconscious and conscious people. The Hon’ble Judge Gautam Patel is reported to have said that “There is only one idea of India. The Constitutional idea. It is in the Article of the Constitution that is seldom discussed or addressed. Article 1. The Article 1 states that India, that is Bharat, shall be a union of States.”
He also wonderfully said that “In the Constitutional scheme of things there is no such thing as too much noise or too much dissent. If there is one thing the Constitution does not contemplate it is the comfort of conformity or the tranquillity of the familiar,”. So, the freedom of speech is likened to who all has their mouth with them , might well blabber , without taking permission of the nation’s heart that it wants to listen to it or not. This tranquillity of such familiar incidents that is seeking to once again show up its dissent to the minutest possible progress that the leadership of this nation wants to let go with this nation like ship of world waters, is itself very much deemed natural, in the constitutional scheme of things !
The Hon’ble Judge said that “The counter points & counter narratives are now, thanks to technology, almost impossible to silence. There may be more adverse comments & more noisiness now than ever before. But is that not the point. Is it not what our Constitution contemplates or even demands, when it says the idea of India is embedded in the concept of union of states & of its constitutionally mandated choice to give any government its marching orders at defined intervals”
Well we cannot just stop technology from taking shape and we should not as it well the ideological warfare between the pretext of knowing certain things and qualifying to know certain things! Technology does that latter very much efficiently.
“Governments will come and governments will go, but the idea of India, the Constitutional idea of India, resilient though it has proved to be, must be protected,” Justice Gautam Patel of the Bombay HC said on Friday, at The Leaflet’s Constitution Day talk titled ‘Undermining the idea of India: The Way Forward’.