{i'm sure friends you are well versed in the way we as a nation have come into being.}
our fore fathers,have proclaimed that
"we the people of india" resolve to form a nation known as India or Bharat,"we" being every individual who resided in the british build dominion (with their geographical boudaries).
so, we came into being as a nation that is "democratic","sovereign" etc.taking into consideration the struggles our forefathers went through to get the now often misused "freedom",and taking into consideration their right as knowledgeable beings to bring forth a "constitution" for the just born state of India i'v the followings misgivings and a question to ask that is troubling me.
DID OUR FOREFATHERS CHOOSE RIGHT IN REFERRING TO THEIR DECISION AS OURS TOO?
correctly put our constitution makers have greatly been influenced by the social contract theory,put forward by Thomas Hobbes,Locke and Rousseau..and it's variations through the years and by various legal opinons expounded by English and American Jurisprudence.
To better understand this one must first have a clear thought on what Social Contract is.
Thomas Hobbes expounded his idea of social contract in a wonderful book called the Leviathan (it is quite a good book,albeit a bit boring,a must read though and one of the finest books ever written on political and legal thought)He says the life of man is "nasty,brutish and short",and man was a savage who lived in a time when might is right,i.e the law of the jungle.
He realised in time that this way of life was reducing his chance of survival(obviously) and therein he entered into what was a contract,between him and his fellow bengs.He said 'i'm willing to give up all my rights to a "sovereign superior" if you are willing to do the same'.The condition- the sovereign superior will make the law of the land and all men will obey his command.
Hobbes theory had a problem-"the contract was irrevocable" and the sovereign was "the king"...Hobbes lived in a time when England had a fight between the parliament and the king,and he was pro monarchy.So hobbesian contract said you've given up all your rights to the king and so "obey his command",and you can't revoke this contract or you will go back in tme to a time of great savagery.
John Locke lived in the same period though he was much younger than Hobbes and he was not a pro monarchy kinda guy...he gave more importance to the british parliament.Though i'm of the opinion he was more pro parliament because by his peak,the monarchy was ousted and Oliver Cromwell(cool guy,look him up) was in power as Lord Chancellor(yup! that happened in England though monarchy came back after the death of cromwell)
Locke could rely on the leviathan and improve it(my opinion),though political thinkers think differently :-)..He said man led a peacuful and natural life in early times.but then there was no govt. and the absence of a government meant there was no security.So Locke put one and two together and said the state of nature was a state of insecurity.And so came the need for Social contract.
Locke says there were two contracts one among the people themselves i.e between each individual (social) and then between society and the sovereign(political).So to remove the sense of insecurity man made a contract among his fellow beings known as social contract which established civil society or the state.And to ensure security he made a political cotract with the sovereign known as the political contract.But this was not a irrevocable contract the makers that is the people can revoke the contract and even overthrow the sovereign (cool huh?. He said the community(civil society) is sovereign and the govt is only a trust or fiduciary body.But this too had many problems,which i won't dwell deep into,though one was and is man didn't definitely lead a peaceful life!and the thought of the got being a trust!
Jean Jacques Rousseau(yup the guy who ignited the french revolution) said man was a "noble savage" (no idea what that is!) According to him hat was a golden age.Man had morals and lived according to that.But according to Rousseau along came the establishment of "private property" and man became selfish,wicked,corrupt,cruel n cunning.Life became precarious and trouble erupted.To stop all this problem came the social contract of rousseau.It was a simple contract,a single contract among people themselves.With the contract their came into being civil society.Rousseau said general will is sovereign (i.e the will of civil society).So here the sovereign is a responsible one as the will of the peple rules itself but it is also despotic because the will of the majority is the high end of despotism(eg. french revolution).Rousseau wanted direct democracy.The sovereign of Rousseau is a popular sovereign as his measures show the popular will of the civil socitey.
That friends is the contract on the basis of which we being born as Indians have technically signed to adhere to the constitution of india!
'll explain- my generation seeks a different India,My generation would've done it differently and most of allmy generation is not signatory to this contract between the people and the state.I do want changes but can i have the right to ask,i've been tied down by my forefathers deal with the sovereign.
I've not agreed to give away any of my rights to this sovereign,and these are not the laws i asked for and this is not the kind of protection i expect of a sovereign.
I cannot ask you to look into what Rousseau said and i do not agree to sign a deal made by him no matter how much a popular democracy kinda man i am,for i need no despotic ruler and i can't expect a direct democracy in india there are too many crazy cow worshiping fools around.
I CANNOT ASK FOR hOBBES,THE THOUGHT OF SONIA RULING IS PATHETIC.
I can ask for Locke to come back from the dead and make me a contract i can sign with the state,and the people,but the state has become all powerful that it will throw me out or put me in prison for my asking a contract,should i sit back and cry cos i'v been dragged into a deal i'v no control over..
.....have i being born as a Indian have to sit back and say it was a LOUSY DEAL?
..........PLZ THIS IS A LONG BLOG AND TAKE THE PATIENCE TO READ IT,IF NOT ALL I CAN SAY IS I HAD IMMENSE SATISFACTIN WRITING IT.
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