Evaluation of Indian’s working to upheld Constitutional Spirit for 75 years. By: Er. H. R. Phonsa Need of a Constitution: In Autocracy the whole government revolved around single “PILLAR” the, King. The ruler is personification Rule. Though mostly tyrannical,still his word was sole Judiciary and the Executive decisions, approachable by only a few i.e. his relatives, advisors, and sycophants. Therefore, common people daily needs remained unattended. Governance of rulers suited but to only a few so generated clashes of interest, which resulting into many revolutions, wars, fights and blood sheds. The suffering masses struggled to change rulers. Our ancestors sacrificed lives faced atrocities to get India freed, from the foreign ruling yoke of 200 years. India got hard earned freedom on 15August, 1947 from the Britisher’s. Indian public had suffered under Monarchic democracy of the British democracy governance and had witnessed USA democracy working under elected President with their shortcomings, so wanted still better system of governing. Therefore, an Indian visionary team of 389 (reduced to 299 after partition ) with elected and nominated composition was formed to frame Indian Constitution, when India was still under the British rule 1946. The constitution was drafted under the World Symbol of Knowledge Dr. B. R. Ambedkar by 299 delegates from different castes, regions, religions, gender etc. World constitutional law experts declare the Indian constitution as best among all countries Constitutions, which declared in its Preamble, India a Sovereign Socialist Secular Democratic Republic promising to secure to all its citizens Justice (social, economic and political), Liberty (of thought, expression, belief, faith and worship), Equality (of status and of opportunity) and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation. Our Constitution was adoption on the 26th January,1949. Since the adoption of our Constitution India has excellently well in many fields, creating several world records. But at the same time many of our constitutional promises for welfare of millions of deprived Indians remain unfulfilled. Some unbiased media reporters point out problems and worries of deprived Indians. Disparities on living conditions and privileges enjoyed of Indian, point out slipping India into two Bharat’s, Privileged and Underprivileged. The Indian living in these two Bharat’s have hardly anything as equality of status or opportunity in social, economic, employment and delivery of justice. Hardening of caste line’s hate against one another is hitting hard to our fraternity pledge. Elite Indians have created a world of their own within India with fencing so high and strong that hardly any person from the poverty ridden deprived Bhartiya’s can think to penetrate in their domain. If anybody from deprived Indians, tries to question ways and means of Elites of raising their wealth and rights disproportionately. Such alarm raiser is frightened and humiliated. Time has shown that Elite’s concern for poor’s is to get their votes during elections by fair or foul means to harvest for them rich dividends of democracy. It looks as, if, India is being run as a business house of Elite Bhartiya and not a welfare state as per the canons of our Constitution for all Indians. Time has shown that all pleasures are for the Elite Bhartiya’s at the cost of all distresses to the deprived Bhartiya’s. Even after 77 years of independence 163 million Indian lac access to clean drinking water another 210 million lack access to improved sanitation so 21% of them suffer from communicable diseases. Against this elite’s enjoy filtered water from bottles and live in houses having latest sanitary systems. Powerful constitutional remedy of such disparities lies with four pillars (Legislature, Executive, Judiciary and the Media). The political control rests with politicians. Their seriousness of working effects control over quality of governance. Over the years the seriousness working of our elected representatives raises many fingers. On an average, Lok Sabha worked 81% of its scheduled time in the past 20 years. Travesty of facts id that Parliament was in session for 64 to 67 days a year on average in last 10 years, against 128 to 132 days allotted between 1952-1972 · During Budget Session of 17th Lok Sabha (January – April 2023) it worked (34.36%) and R.S (24.85%). The 1st Lok Sabhas averaged sitting was 133 (135) of its allotted time, recorded 55 sittings (Averaged) in 17th Parliament. (Ref: The Hindu Feb12,2024). Still their monthly salaries have alarmingly increased from Rs 500/ with daily allowance of Rs51/-(1951)- to Rs1,00,000/-salary with additional daily allowance Rs 2000/- excluding other host of additional facilities incl. Rs 5,00,00,000 as annual constituency Development fund (2023). Also running of the Parliament costed per minute Rs 100/- (1951) & Rs 2.5 Lacs minute (2023). A Parliament functioning below its optimal capacity and not fulfilling its full remit has other trickle-down effects, notably a decline in debates and questions taken by government members of Parliament (MPs). The present trend of ruling party that, when it soes not want to answer a question from opposition, the Parliament is adjourned, a most unfortunate. Falling in moral values is another worry as in Sixties two union Ministers resigned TT. Krishnamacharya Finance, and L. B. Shastri for railway resigned for alleged involvement in a Scan and occurrence of an accident. But in 2011 political party president when asked to comment on corruption charges on his party CM of Karnataka, he said whatever the CM has done was Immoral but not illegal. (The Punjab Kesri 13 Dec.2024). Dynastic politics in India is worrisome. Character, the basic need of our elected representatives has been narrated in available reports e.g. the Punjab Kesari (March 4, 2024) writes on ever increasing rates of them, involved in crimes like rape, murder, attempt to murder, kidnapping, and various crimes against women as mush as24% (2004); 30% (2009) and 34% of MP’s in (2016) How much careful they are about problems of 129 million Indians living in extreme poverty in 2024. Another agency reported that in 18th,17th parliament 46% and ~43% the MP’s are/were involved, some even convicted in such case. (https://en.wikipedia.org/wiki/18th_Lok_Sabha). Politics has become big and safe earning profession for elite and worry for disadvantaged. Some instances of how avoidable lapses in our working, effect the life of common Indian. A) Slums:In 2022, over 41% of India's urban population lived in slums. In Mumbai’s Dharavi has population density of 418,410/km2, where as in same Mumbai an Indian Billionaire lives in a house having 27 stories, 173 metres tall with constructed area of over 65,340 sq. ft, in land plot of 48,780 ft2 (09 Kanals). How can 2 million (20 lakhs) people living in Delhi slums (TOI 21/5/19 report) feel proud of their past political leaders whose Samadhi Grounds (Cremation grounds) has occupied 245 hectors prime land in Delhi, has no answer? B) Reservation in services as per their population is a Constitutional Right of disadvantaged Low Caste people. But government records show Ministries fail to honour it. In 2021, nine Ministries of central government had 82,022 reserved vacancies, but only 42% were filled. Lacs of post have gone unfilled or deserved on flimsy grounds over the years. c) Vested interest generated bills like reservation for EWS & Reorganisation of J&K State were passed with 5 days each, leaving unattended 35 Pending Bills(2001-2022) (NDTV January 30, 2023). D) National Crime Records Bureau, records of 86 rapes daily and (31,677) cases in 2021and (28,046) during 2020 It also records that the committing of crime against Scheduled Castes (SCs) and Scheduled Tribes (STs)as (50,900 & 8,802cases in 2021; 57,582 & 10,064 in2022; respectively is nothing but unfortunate commentary to provide safety to weak. E) Equality of justice: As stated by former Union Minister of State, HRD, Upendra Kushwaha only 250-300 Gharanas (families) are sending Indian judiciary judges, so justice to poor by courts remains under shadow (Indian Express, January 19, 2019). Corruption is the first-hand enemy of underprivileged and a study by a Berlin-based NGO pegs India as ‘Most Corrupt Country in Asia-Pacific Region, where 54% people reported having paid bribe in 2009. (https://economictimes.indiatimes.com/news/politics). Undisposed cases in Courts, in November 2024, were 410,71,411 in India . In 77 years of freedom only total 4-5 Judges from Scheduled castes comprising of a cluster of 1,109 castes with combined population 16.6% (2011) have reached SC of India when in the present (2024) bench of 33 Judges 36.4 % belong to single High caste castes having its population in India is only 4%. Who can be proud for such Judicial System under Indian Constitution is a big question. F) National wealth: Its distribution is highly questionable as 77% of National wealth is held by only 10% of rich population, whereas 50% of the bottom-line population holds just 6.4% of the country's wealth. At least 112,000 people working in the agricultural sector have committed suicide in the past 10 years including according to data by the NCRB. India ranked third globally in billionaire count of 185 in 2024, with their income tripled (263%) over the last 10 years as these185 hold 42.1% of National wealth. Records show in the last 10 years Rs 7,40,968 crore Bank loans were written off, meaning unlikely to recover, when India ranked 111th out of 125 countries in the 2023 GHI and about 81.35 crore people in India receive free food grains (PMGKAY) in operation since April,2020 with promised to continue another five years. Still more lapses can be counted. Common man’s such observations clearly points out, if necessary checks are not applied towards welfare of disadvantaged Indian masses then that it may reversed the definition of Indian Constitution as recorded by Granville Austinan , "Indian Constitution expresses the will of the many rather than the needs of the few." Indian National Interest lies in upholding Constitutional Spirit High.