Sunday, March 7, 2010

The Constitution of India.

The Country Fumbled at First Step.

Winston Churchill in 1946 said.

“Fate of 40 million people of the sub-continent cannot be left to mercy,
in the hands of incompetent inexperienced agitators,
devoid of knowledge of running administration of a vast country like India.”

Mr. Churchill lost the election and Lord Atlee was the new PM in 1946.
Lord Mount Batten, a cousin of the King George V, was given full powers.
No consultation with England. If necessary, divide India but do it. January 1947.
He came to India in March 1947.

Mount Batten did it. He divided India. All this he did within six months.

To further ruin the divided India, he was continued as GG of partitioned India.
The Kashmir issue is his parting-gift.

Let us talk about how the Constitution was drafted and who were the members
of the draft committee.

Blue Print of the Constitution was already in existence made by English.
It was Utopian draft of Kipling’s dream of an ideal state. It may exist in Dream.
It can not happen in Reality. This dream came true is our Constitution.
Nehru bought this Dream. Nehru was in the pocket of Mount Batten. He had a tight
reign over Nehru. All know it. Nehru’s weakness was Edwina.

Mount Batten kept Nehru and Jinnah in dark. He promised both that as to which portion should go to India and which portion should go to Pakistan should be based on population representation. He said Sir Cripps will do it. On 15th August Pakistan and divided India came into existence on paper. Mount Batten summoned both Jinnah and Nehru on 17th August and handed them with the recommendations of Sir Cripps. All Hell broke loose as we know. Nehru was helpless. He knew he was outwitted. But he kept a straight face.

The Cabinet Mission of UK had prepared everything for our doom’s day.
It had laid down the framework of the Constitution, guidelines for the Constitution Drafting Committee. The Constitution was drafted by Constituent Assembly
with approved names of its office-bearers, said to be elected by the
Elected members of provincial assemblies is all poppy-cock story.



Costitution Drafting Committee headed by BR Ambedkar, and the members were
Hansa Mehta, KM Munshi, HP Modi, RP Sidhwa, Nalini Ghosh, Frank Anthony,
30 Scheduled Caste members, over and above, Nehru , CR, Rajendra Prasad,
RadhaKrishnan, AbdulKalam Azad, SP Mookherji. All got what they wanted.

Judiciary was done injustice. It was kept under realm and control of the politicos.

Constitution has Three Important EQUAL Wings.
Politicos. Judiciary. Bureaucracy.
No representation was afforded in Constituent Assembly, to eminent Judges,
for role of Judiciary, and Civil Servants for running administration. Judiciary was downgraded. Politicos got everything. This is our tragedy. This is our misfortune.

Politico have grabbed the whole cake. Judiciary became dependent and under PM.
Judiciary was required to be placed under direct control of the President like Army, Election Commission C&AG. UPSC was also to be under President’s control
devoid of interference of the Politicos.



A peep in the political background reveals that Mahatma had already abandoned
the Congress in principle. Congress had gone wise beyond Mahatma. Mahatma had already wanted to dismantle it and opt for a all party Government.

The decision to divide India was taken solely by Nehru and his company.
On the day of Independence Mahatma was in Noakhali West Bengal on 15 August.
Sardar was the only opponent but his frail health had come in his way.

Sardar and his stalwarts could do something in Mumbai and Saurashtra.
Saurashtra a C class state had Mr.UN Dhebar as the CM. Manubhai, Rasikbhai
Balvantbhai Ghanshyambhai Ratubhai Jadavji, were inducted in the first ministry.

Mr. UN Dhebar had the best team of eminent administrators like Dolarbhai Buch, Gulabrai Mankodi, Tarachand Shah, eminent ICS Neelam Buch, Eshvaran, Shungloo,
Mane Patil, Doraiswami.

AR Baxi, Hathi bros. (Jaysukhlal Jayantibhai Vamanbhai).
Jaysukhlal Hathi was the Principal of former Kathiawad High School renamed as Saurashtra High School.
Jayantibhai, Vamanbhai, Chimanlal Shah, Mohanlal Ujamshi, were eminent lawyers members of the bar of Saurashtra HC. They were consulted on all matters.

Sardar picked up JL Hathi as his advisor since 1944. JL played important role in abolition of princely states with Sardar. Lastly he was Governor of Punjab.



In the First Five Year Plan, one hundred percent targets were achieved through out of
India by a small C class state of Saurashtra. Saurashtra made Land Reforms unparallel in
other states. This prompted Nehru to select Manubhai in Cabinet as Commerce Minister and Dhebar as the Congress President. Nehru put Indira with Mr. UN Dhebar to learn politics. Mr.UN Dhebar was her Guru.


In the year 1960, Gujarat State was formed as Jivrajbhai Mehta as the CM.
The HC of Gujarat came to be formed in May 1960 with Hon. Mr.ST Desai as CJ and
Hon. Mr. KT Desai, JM Shelat, NM Miabhoy, VB Raju as puisne Judges.



The office of the CM turned out a bargaining office, with the coming of Chimanbhai in the picture, so far as selection of the Judges in HC and other Courts and Tribunals was concerned. The meritorious upcoming young lot of Lawyers who would have reached up to Supreme Court by virtue of their integrity and knowledge were left out and incumbents
for Party Gains were recommended to the CM by a lawyer in the good books of CM.

In the ninety with the re-entry of Chimanbhai, posts of Judges were distributed like favours among senior lawyers.
Rest is in the present tense and all you know.

Like this another state politics will follow in next issue.

No comments: