कुरुक्षेत्र अब पुकारे

समय शेष है, कार्य अधिक है,

करना भी है पूरा;

किन्तु वत्स, जब स्वयं साथ मैं,

फिर क्यों रहे अधूरा।

उठो वत्स हे पार्थ आज फिर,

वही सारथी केशव है ,

चिंघाड़ रहा  कुरुक्षेत्र फिर,

देख सामने कौरव है।

पांच तुरंगो से सज्जित रथ,

मैं स्वयं डोर जब खींचे,

होतव की चिंता फिर कैसी,

ये विजय-वाहिनी पीछे ।

घनघोर पाप जब,उमड़-घुमड़ कर;

क्षितिज-क्षितिज मँडराता है,

तब रक्त पिपाशू भूमण्डल भी,

'रक्त-रक्त' चिल्लाता है।

दुल्हन सी सज कर कुरुक्षेत्र की,

तरुणाई है छटक रही,

रद-पट रँग दो,माँग भी भर दो,

बस खून बिना ही खटक रही,

श्रिष्टि सृजित करती मुझ-तुझ को,

शत-सहस्र युग के पश्चात;

चरम अनय से व्याकुल भू पर,

होता जब अतिशय उत्पात।

BASIC STUCTURE OF CONSTITUTION AND FUNDAMENTAL RIGHT V. DIRECTIVE PRINCIPLES OF STATE POLICY

While reading Indian constitution we often struck with the question, what is the basic structure of constitution?Till where it can be amended?And to what extent?And for our surprize having the largest written constitution of the world with such inclusive nature still since 1950 we have had 98 amendments in our constitutiont. Contrast with others laws like contract where we could have only two amendments till date.In this article my aim will be to answer these questions.

First of all let me infrom you that indian constitution took around two years in making, now what were the challanges before constitution makers what all thoughts and vision they had while making it,what was there motive behind framing such a large and inclusive constitution? Perhaps in the quest of answering these later questions we may find the answer of former questions asked in the very inception of this article.Friends INDIA is a country of unity in diversity a country which accounts for more than 18% of the world population and such geographical and cultural diversity with contrasting weather it was really a tough task to frame the constitution of India.

So our constitution makers compiled all the possible frames which could include and address the grievances of all classes from any and every part of Indian society. And they successfully made constitution with a view to bring all deprived and ill-represented classes in the main stream and together with achieving development for the whole nation. Although this could be a separate question whether till date we have achieved those goals or not(with the value of rupee declining daily, the shades of corruption covering Indian economy and demand for reservation for other classes as well). So that will take the discussion towards a different direction, so better to refrain from that. Now talking about the basic structure preamble,Fundamental rights(here after FR) and Directive principles of state policy (here after DPSP ), there differences and complimentarity. So starting from the FRs and DPSP some people put FR on higher footing than DPSP but in actual they are complimentary to each other both strive to achieve the goals enumerated in PREAMBLE of constitution. These goals are the Basic Structure which cannot be found without knowing the Indian Society and its stucture. Because according to the demands and structure of Indian society these Basic Structure were led. Accordingly various rights in the form of FRs where given to Indian citizens,and various goals in the form of DPSP were decided to be achieved by the state. So when the purpose behind both was same how they can be in conflict. The FRs and DPSP pave the path for each other and in case of conflict basic stucture is upheld as in 25th amendment Art-39A and 39B being the parts of DPSP were put on higher footings compared to FRs enumerated in Art-19(g) Right to property was removed for achieving the higher goals of welfare state. Now the question why DPSP is not enforceable? when it is complimentary to FRs and forms the part of basic structure?And if not enforceable why it is there.Answering the later question first Constitution without DPSP and only with FRs will make it vegitative,lifeless as DPSP sets goal for the state to achieve that is of welfare state.the former can be answered as state presently does not have resources so it cannot ensure rights enumerated in DPSP so they are not enforceable,but as soon as they come in to the reach of state they become the part of FRs as Right to Education become the part of FRs. In future we may expect some really important DPSP as enforced like Uniform Civil Code,Which will show our constitutional achievements.

Now taking about the amending power of legislature there had been many cases and amendments regarding it.As earlier it was felt that only procedure of amendment is given in Art-368,but in actual it had power of amendment too within its ambit.But later on to remove confusion and to null the effect of Golak Nath Judgment in 24th amendment power to amend the constitution was added in Art 368.

Now taking about the power and extent of amendment for legislature.Initially this contention was made that power of legislature in unlimited as thier decision reflects peoples decision.Which was dennied and the contention that power to amend includes power to constitute was reversed in Keshwanand bharti Judgment by drawing a line between power to amend(available to parliament) and constituent powers(available to the Constituent Assembly) which means the power to amend may be unlimited but it cannot be exercised to the extent to take away the essence of any provision or FR, that is the basic structure of Constitution, which cannot be changed or taken away and these FRs and DPSP are so interlinked to each other that disturbing any one of them may disturb many other for instance Right to Life and Privacy cannot be exercised without presence of other FRs like Right to Equality or Right to Power of Speech and Expression. So they are to be delt carefully.

So having such Flexible and Rigid Constitution with the aim to ensure equality and justice to all and striving towards welfare state I feel Proud on Indian Constitution the Grund norm for all other laws operating in India
                                                                                                                                    Author-parth sarthi

OTA Song Officer's Training Academy, Chennai

This is for the true aspirants of armed forces.