We in India are living in a state of 'unlaw'

DEVIL'S ADVOCATE: Second Republic Sauvik Chakraverti TOI 21 Apr, 2007

Nandigram, Naxal and Maoist insurgencies, Kashmir, Manipur, and the sealing drive in Delhi all point to the fact that we in India are living in a state of 'unlaw'. We are ruled by decrees, whims, diktats, military might — anything except by the rule of law. The reason why this great nation has come to such a sorry pass is because the founding fathers of the Republic were almost entirely socialist, and collectivist ideas on law are the root cause of disorder and injustice. The socialist principle fetishises collectively held properties and despises private ownership. A government by collectivists plunges headlong into the perpetration of injustices guided by these false principles. Sixty years down the line, the nation must see collective property as a sham, an ugly spoils system, and a fraud. The nation must also see its future in a legislation that makes right to private property inviolable by anyone, including the government. This calls for a new constitution, a Second Republic. Instead of recalling the writings of Marx, the nation must remember John Locke: "Where there is no property there is no justice" and Lord Acton: "A people averse to the institution of private property is without the first elements of freedom". If we want to live with liberty and justice, a new constitution is the need of the hour. There is no need for electoral politics to make this happen. We must take inspiration from the English who gave themselves the Magna Carta. We must pen our own charter, one that guarantees liberty, property, freedom to trade by land and sea, and civic self-government for all cities and towns. This statute should be above the government, something that the Parliament of the day cannot amend, whatever be the majority disposition. This is a necessary precondition for the rule of law. In other words, the government itself must be placed under the law if the rule of law is to prevail over the rule of arbitrary rulers. The 'unlaw' we suffer from today is entirely because of the fact that the sovereign's ministers, bureaucrats, judges, policemen and soldiers are above the law, and are breaking it with impunity. It is time now for the birth of a new league of Indian Liberals. Editorial l Columnists l Speaking Tree l Interviews l SUNDAY SPECIALS l Letters to the Editor LEADER ARTICLE: Master Builder