The ideal of dharma ¼/keZ½ or justice in indian culture dr R. N. Sharma

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Dr R. N. Sharma
Justice is not merely right determination and adjudication of disputes and enforcement of Law, but is so comprehensive in its meaning and import that it takes with in its ambit the whole of political, social, juristic and moral idealism. It is so, because Justice has reference to the whole of human existence which we want to realize by our thought, will and action. The mystery of Justice cannot be unraveled by human reason, logic or language completely. It has greater appeal to human soul. Justice as reality is only fully reflected in our conscience and felt through our intuition.

Jurists and philosophers have seen in the concept of justice their own ideal. To Plato Justice is realization of ‘Good’ which can be achieved in society by doing one’s own duty according to one’s station in life otherwise, Justice achieves ‘Good’ by retribution; .To Aristotle Justice in its general meaning is ‘righteousness’. In its particular meaning it means proper or equitable distribution of the goods of existence, correction of wrongs and exchange of goods. It has thus distributive, corrective and commutative functions.

  1. Dark and Bright Zones of Justice : In Judaism in the theology of Hebrews we find that in the old testament God is described as the ‘Just God’ who gives his Commandments or Law and punishes for violation or disobedience. According to the theological myth God had decreed the whole human race to suffer for the sins of primal human couple Adam and Eve who had eaten the forbidden or prohibited fruit of ‘Knowledge’ while living in their, primordial happy abode in the ‘Garden of Eden’ Adam and Eve were cast down to this mortal earth to suffer the punishment forever. Mankind as a whole which is the progeny of Adam and Eve thus was made to suffer for the sins of mankind’s progenitors vicariously without any great hope of salvation. This shows the grim side of Justice which is sternly punitive and retributive. But it is the one side of the coin, for it has also the bright side which is represented in the ‘New Testament’ by the prospective theory of redemption according to which Jesus Christ as the son of God descends on earth and takes birth to suffer and to be crucified. So he comes to redeem humanity by his own blood and preaches ‘love thy neighbor’ to all. Justice then becomes pure and unconditional love of human beings as brothers. Service and sacrifice thus becomes the modes of enforcement of Justice which uphold the love of man for another man as ‘brother’, for all are the children of the same God.

These are the two poles of Justice. Which show that the doctrine of justice has a wide horizon which extends from retribution to reformation, from condemnation to condo nation, from bondage to redemption and from human guilt to Godly grace. Justice is then also forgetfulness of wrongs and complete forgiveness in love and sympathy. Justice in this sense rises above all the false distinctions of class creed and color, social discriminations and disabilities and becomes man’s pure love, regard, mutual concern and welfare. It enjoins upon all to love by mutual understanding and respect beyond all the privileges of authority, status and position. Such an ideal human existence may seem impossible with in the present frame work of the State in this world today, which is swayed by the sorrow and trouble generated by mutual distrust, prejudice and greed. But the truth is that in the heart of our hearts we have begun to realize that all men are brothers and should love each other, that all power and property is meant ultimately for human service and welfare. Justice in essence is the message of love, human service and is welfarism. This is the heavenly destination of Justice which man has necessarily to travel by passing through all the trials and tribulations, retributions and condemnations to have the grace of salvation from the varied ills and wrongs, pains and tortures, fears and frauds and all the unnerving illusions and delusions of human life.

  1. Etymology of Justice :

The word justice comes from its Latin root ‘Jus’ meaning ‘right’. It has its literal meaning as ‘binding’ or fitting or tying together of things and qualities harmoniously in human life. Thus Justice becomes a means of adjustment and a measurement. The idol of Justice blindfolded with balance in hand gives the expression of balancing, weighing and impartial judging which applies to disputes and conflicts. For this purpose justice becomes the referee to give decision of victory or defeat to parties. It seems that Justice has more utility for a conflict situation. It balances principles like liberty, equality etc also. Speculation about justice grew early in western materialistic society which from the very beginning had political orientation of western society in Greece which had to deal with conflicts. In contrast to this in Indian culture there had been no loss of faith between religious authority and political authority. Indian cultural drive from the very beginning is more towards integration and less towards deciding the conflicts between individual, state and society interse. Law as dharma was both a verdict and a faith, political trust, the commandment of Law as well as justice.

  1. De-Valuation of Justice in Materialistic Positivistic Jurisprudence :

As an ideal Justice is the expression of Right or right living. It therefore, becomes the standard of evaluation of positive Law. But positivistic Jurisprudence discards morality and ethics from the sphere of Jurisprudence, for it justice is to be done according the precept of law only, otherwise justice is only to be treated as sheer morality. This is the view point of Austinian legal theory. According to Kelsen Justice is not viable to reason and logic. It is declared as an ‘irrational ideal’, The pragmatic theory of Roscoe Pound considers Justice as adjustment of human relations and adhoc balancing of interests. American realism is skeptic about Justice. Scandinavian realists discard all metaphysics and ethics from the theory of Law. They assert that there can be no science of values and thus reject the theory or concept of justice down right. For them all values are subjective and therefore devoid of objectivity and meaning. The traditional idea of justice considers traditional institutions of society as just while trans-traditional idea of justice derives principles of justice outside systems including legal system and institutions of society so depreciation of justice goes on.

  1. The Functional Role of Justice :

Though it is difficult to know the nature and content of justice yet the idea of justice has been effective in the course of centuries in performing the function of excluding arbitrariness, in providing rational method of settling disputes and in restraining the coercive powers of Law. Justice as impartiality has been recognized from the very beginning of the civilization in ancient Egypt and the land of early Hebrews. “It has mainly been concerned with control of aggression and discrimination”. It has helped in mitigation of inequalities generated by institutions. In the name of justice “certain limitations are embodied in the constitutions. The exclusion of arbitrariness grows gradually in the sphere of criminal law”. Again in “modern times the principle of distributive justice of Aristotle has its use for equitable distribution of means, physical and mental well being in a highly differentiated and large scale society. We now agree that gross inequalities are unjust and that it is just that minimum conditions of well being be provided to all; yet there is no agreement about just distribution of property.” Although justice may not be defined but injustice is always felt. So man has some instinct to repel against injustice. So the glamour for justice continues. The idea of justice has thus performed the role of bringing reform in Law by making it more and more rational and humane.”

Therefore “whatever be the difficulties that befall, or encounters are made the search for justice continues. The plea for justice should not be rejected as meaningless, chimerical, irrational or false for there is danger that the human race will fall back into a condition of barbarism and ignorance where unreason will prevail over rationality.

  1. Ancient Indian Concept of Dharma ¼/keZ½ As Justice :

Materialistic western Jurisprudence which is the byproduct of exploration of matter, commercialization of life and its values, promotion of prospects of material comforts, turning towards territorial aggrandizement, germinating warring ideologies, nurturing or nurtured by disharmonies of social and individual existence can not think of spiritual concept like that of dharma to solve the problems of Law and life. With less faith in religion and inward inquiry to know the ultimate truth of life, the western mind saw conflict, strife and struggle as the essential nature of life. To reconcile conflicts and to balance opposing interests without any reference to religion or God whose authority began to be challenged, the West sought after the secular doctrine of Justice which had a fighting and overcoming potentiality with enough militancy. The utilization of balancing and measuring virtue of justice to decide the conflicting claims of society, State and individual interse, was resorted to but it proved in vain. So now it seems that the western mind is looking to some other ideological expedients in the name of justice to get solutions and relief’s from the multifarious contemporary problems and prevailing maladies of modern life. To the ancient Indian mind. the concept of Dharma implied the concept of justice to cope with all the exigencies of life. Dharma was not merely the code of human conduct and regulation of life in detail, it was the Reality itself as the counterpart of Brahman which was its metaphysical expression. The ultimate reality reflected by both Dharma and Brahman was described as ‘Sachidanand’, ¼lfPpnkuUn½ which constituted of ‘Sat’ ¼lr~½ as universal existence ‘Chit’ ¼fpŸ as universal consciousness and eternal Annand as Bliss. Existence leads to knowledge rightness, reason and truth, consciousness leads to will, power, action etc. and Annand leads to satisfaction, happiness, peace, welfare etc. From this point of view Dharma is justice because it is the expression of Right, Truth, Existence etc., which also implies knowledge and virtue. Dharma as consciousness implies will, desire, power and action for reformation and regulation of life. Dharma as bliss implies real satisfaction- material as well as spiritual. The latter is more enduring and is related to soul as the former is related to body as sensual pleasure. Dharma as right or Justice prevails over wrong or adharma ¼v/keZ½ or injustice.

(a) ‘Sat’ ¼lr~½ – as Justice or Dharma as Right ,Truth and Existence : The reality as existence is not mere physical existence but is total existence of which human existence is only a little part. The ultimate truth of this existence which is to be known and realized. Dharma as Justice is the knowledge of Existence as all knowledge leads to truth. Existence, truth and knowledge are correlative as well as synonymous. Dharma as justice is right observance of truth in conduct of life i.e. in thought, word and deed. It then becomes a norm of good and virtuous life. Justice has thus to satisfy the standard of truth in every way. In ancient India legal trial was called ‘Vyavhar’ ¼O;ogkj½. As a variation of Dharma it was considered as an inquiry into truth ¼rRoHk>Olk½. Law as Dharma was to be just and also needed right or true interpretation ¼ehekalk½ of the prescriptions of Law. Dharma as Justice is then observance of truth in thought, word and deed. Truth is said to be always victorious, ¼lR;eso t;rs½ and is always convincing and thus satisfying to all. Truth rejects formalism, superstition, dogmatism and recommends change and reform for progressive realization of the goals of life by rising above false distinctions of caste, creed and color etc. The so called injustices in human life can be seen as mere ‘untruths’, ‘sham’s and falsities of life. Mahatma Gandhi equated truth with God and formulated the theory of ‘Satyagarh’ ¼lR;kxzg½ or ‘holding to truth’ as a method of willful disobedience to unjust law which amounts to violation of truth as reflected is human soul or man’s conscience. Justice is then ‘truth is action,’ Vivek ¼foosd½ or reason is also a method of knowing, or ascertaining the truth of the matter i.e. to determine truth rightly. As truth is dynamic, reason determines truth or justice again and again with its new forms and modifications with reference to utility, mercy, public good in order to make it living and more workable. Reason as truth derecognizes obsolete customs, wrong practices, old methods of working like trials by ordeals, oaths, stakes and other irrational procedures, appeals, executions etc. Rational inquiry and investigation has brought about the modernization of administration of Justice and reform of Law. Again, Rational inquiry emphasizes the need of impartiality which is an essential quality of justice, as deemed necessary to establish the rule of law. This makes law the ruler of rulers as declared by our Upanishads. Dharma or Justice without equality and mercy cannot appeal to the heart or soul of man which requires Dharma or Justice true or adaptable to the circumstances of the case. Again, Justice as enforcement of truth impartially cannot be done without realization of one’s own obligation to right performance of one’s duties properly. Therefore right performance of one’s duties guarantees justice or Dharma according to ‘Gita’. Dharma or Justice, then resides in, truth, reason, impartiality and in performance of one’s duties which has reference to total good of human existence on this earth.

(b) Chit as Justice or Dharma as Shakti ¼'kfDr½ or Power, as will and determination - Theory of Karma ¼deZ½ and Dandniti ¼n.Muhfr½ :- Justice as knowledge has power to work as well as to make men virtuous by enlightenment. In its retributive aspect it is power of punishment and rewards which is necessary to maintain social order, peace and security. In Indian culture justice is also vindicated by the inexorable law of Karma as natural law or natural justice which works automatically and governs also rebirth and transmigration of souls. It depends on the principle of just result of actions and is exemplified by the precept “as you sow, so shall you reap”. So natural as well as moral retribution governs this world by its ‘Karmic’ ¼dkfeZd½ Justice which holds man fully responsible for his actions. On this principle a man must suffer for his wrongful actions. As a matter of right the State by its power of punishment is only enforcing the law of Karma as Dharma or Justice which is called Dandniti in Ancient India. Retributive punishment for vindication of law is thus “an extension of the principle of causation in nature and becomes the principle of natural action”. The doctrine of rebirth and transmigration of souls is the logical out come of the Law of ‘Karma’. It also provides an explanation of man’s present status and position in society which is seen as the result of his past ‘Karma’s or deeds in previous life. “After death, Yama, the God of Justice or Dharma, Judges men’s actions when brought to his court by his messengers according to which the next birth is determined”. As a man can not live without performance of actions, ‘Gita’ exhorts man to perform actions according to ones duty enjoined by Dharma or Law without any desire for fruits or rewards i.e., dispassionately in the spirit of ‘Yajna’ or the spirit of sacrifice. The doctrine of Karma is also interpreted by Lok Manya Tilak as a principle of collective justice because man is a part of society and makes society responsible for his actions vicariously. “On this interpretation of the Karmas of race determine the rise and fall of nations and their analysis becomes a subject of the principles of the philosophy of history”. Gita also gives expression to the socialistic principle of social and economic justice when it declares that, ‘He who enjoys objects given by Gods without making offering in return to them is a thief. The same idea has been expressed in Ishavasyopanishett,. ‘There is the dwelling place of God in everything that is moving in this world. Enjoy the world with a sense of selflessness; do not hanker after another man’s wealth’, “As every social organism is a body with a soul, it follows that all black marketeers, profiteers and other persons indulging in antisocial activities, whether on small or big scale are not merely thieves, but guilty of causing a grievous hurt, as by their actions they disfigure and mutilate the collective body of the community in which they live. Justice as punishment contributes to order, peace and security in society. But today we consider the security of the people against certain other hazards, risks and vicissitudes of human life (old age, illness accidents, unemployment) as part of justice to make safeguards. Law today, is making provisions for old age, pensions, health services, workmen’s compensations, insurance schemes etc. and all these schemes are designated as social welfare schemes which the westerners, regard their own discovery. Mahabharat certainly speaks for the help to be given to orphans, ailing persons, old men etc. It was considered a moral duty of a King as a part of ‘Rajniti’ ¼jktuhfr½ to provide social security to his subjects. Justice, also has to provide equal opportunities of life by removing inequalities of wealth and living conditions”. In ancient India there was equality before law, as law as Dharma was considered superior to any political or other authority. At the initial stage the Varna ¼o.kZ½ system was based on equal opportunities according to person’s aptitudes to preserve social harmony. This Varna ¼o.kZ½ system degenerated later due to historical reasons and also due to social stagnation. In the society of early Vedic period women were equal in rank with men; the King governed by the advice of assemblies; republication form of government was also popular; widows were free to remarry, daughters got a share in father’s property, there were inter-caste marriages; people were free to preach and adopt any doctrine, religion and could adopt any mode of worship. It is only due to historical reasons and later social deterioration that unequal conditions of life began to prevail. It is the task set for the present legislators to repair the harm which has been done to us by centuries of political enslavement and social stagnation”. This requirement of Justice is fulfilled by our present Constitution.

(c) Justice as Power of Arth ¼vFkZ½ or Economic Power as Pursuit of Material Well-being :

Justice as Right or Reality must have reference to the whole existence which has to be accepted, maintained and enriched. Justice thus understood is not only realization of truth of reality through knowledge. It is more essential to realize the truth of material human existence by pursuit of ‘Arth’ or material well being viz. ‘Attainment of riches,’ material advantages, wealth and all that covers commercial life, business affairs, work, prices, etc; Arth in the sphere of law means plaint, action petition; in politics it is the interest of the State i.e.; expedience. In man’s life in general it is utility, that is what is useful”. The sources of economic justice or Arth are economic activity, commerce and agriculture- all of them were called ‘Varta’ ¼ozr½. It is declared in Kamandak’s Nitisara-- that “when Varta is destroyed this world is surely dead though it seems to breathe”. Arth for this purpose has been declared as the source of the whole World. Wealth and wealth alone is important because lack of wealth is the root of all evils”. All this shows that justice has to maintain the balance between spiritual and material welfare. There should be harmonious development of Dharma and Arth. It was considered unjust for the State to rob people of their wealth or not to provide them economic opportunity for their material well being. Mahatama Gandhi has brought about the synthesis of Dharma and Arth by his principle of ‘Trusteeship of property’ by the rich for the good of the poor. He has condemned economic exploitation, profiteering and mammon worship and pleaded for the rise of all classes and people by his concept of ‘Sarvodaya’ ¼loksaZn;½ or the rise of all. He, thus upholds economic justice. Our Indian Constitution is also wedded to this Justice in every way. It aspires for political, economic, and social justice in fulfillment of the ideal of Arth of ancient India. Our Upanishads also recommend “enjoyment of worldly goods without selfishness, greed and avarice”.

(d) Annand as Justice viz, satisfaction of self, of mind as well as soul:

As the reality is reflected in human soul as Sat, Chit, Annand and the justice as Right is an aspect of reality it self, it can not but lead to perfect happiness which in Indian culture is called Annand as fulfillment in itself. But at the cosmic level of the creation this Annand is expressed as unfulfilled desire ‘Kama’ or the creative force which urges itself to be fulfilled by the process of creation of the world through evolution. This fulfillment requires efforts and exertions. Annand or Bliss or Happiness is to be regained by man who becomes delimited by the bounds of body consciousness and is carried away by sensual satisfaction. In one of the Rigvadic hymn called Nasadiya Hymn. This Kama or desire for Annand is stated as the cause of the creation of this world. In this the Being of Reality appears as Becoming which is to be realized. In this way ‘beinghood’ can be realized by the course of ‘becoming. when it gets ‘Annand’ or satisfaction of the self or soul. Therefore the whole creation including human beings throbs with this desire for joy, for fulfillment or happiness. But this satisfaction of desire or drive for happiness or bliss is not to be understood as only utilitarian materialistic satisfaction of passions as sensual pleasure but is its higher grade as real or purified pleasure called Atma ¼vkRek½ – Kama ¼dke½ or Atmatusti ¼vkRerq"Vh½ which is the satisfaction of Self or Soul. Materialistic satisfaction is only “adhoc, provisional and transitory”. It cannot be permanent and does not give tranquility of mind and real peace which sets at rest all craving and striving. Materialistic satisfaction in the long run becomes futile and illusory. The truth is that real satisfaction comes from with in, from man’s realization of his self or spirit. It is in our soul that real truth or reality is seated. This truth is the truth of the whole existence. To get real satisfaction, joy or Annand we must first purify our soul and purge it from all passions and prejudices known as ‘Kama Krodh, Lobh and Moha’ ¼dke] dzks/k] yksHk ,oa eksg½ It is so, that by giving material happiness to others we get spiritual happiness through the medium of human service and sacrifice in the spirit of Love, Karuna ¼d:.kk½ as Christ and Buddha enjoined. When we purify our soul, it is automatically filled by human love and sympathy. In order to serve the higher purposes of life our soul is thus saturated with the sense of service and yearning for human welfare. Justice as ‘Kama’ through creation or Maya ¼ek;k½ or lila is desire to know and realize ‘Annandam’ or Reality itself. This joy or happiness increases by its distribution to others. Justice as ‘Annand’ has kinship with others regard. It then becomes ‘good’ or ‘welfare’. In this respect justice as Dharma and law assumes the beneficial aspect of joy and happiness, revealed in welfare of people ‘Lok Sangraha’ ¼yksd laxzg½ or ‘Lok Kalyan’ ¼yksd dY;k.k½. The impulse for human welfare is also then the spirit of Justice as ‘Annand’. At the lowest animal level Kama is called the ‘sensual pleasure’ ‘Vasana’, at the higher level it is aesthetic enjoyment where beauty is truth and truth is beauty which gives. enlightenment. Such joy or Annand is recognized as one of the aspects or ‘Vibhuties ¼foHkwfr½ of ‘God’ as ‘Reality’. ‘Kama’ becomes the motive force for the creation of this World to get this Annand. According to our Vedas Dharma or Law or Justice thus becomes the means or instrument of securing ultimate happiness to all. Justice is therefore, an ideal aspiration for the welfare of this whole World. Ordinary pleasure in order to become ‘Just must be sublimated into the higher type of pleasure which is not the satisfaction of body but is the satisfaction of soul. This happens when man proceeds from what is pleasurable (Preya) ¼izs;½ to what is good (Sreya) ¼Js;½ through Dharma or Justice man has to march progressively from physical biological being hood to spiritual being-hood. The state of infinite Joy and Bliss residing in man’s possession is there in his ‘Annand – Maya- Kosh ¼vkuUn & ek;k & dks"k½ of the self. His self love at higher developed level becomes love of others or love of all. ‘Kama’ in its purest sense is not sex or sensual enjoyment but a virtuous happy living” in joy and consciousness of a limitless ocean of Joy greater than which there is no happiness- such is the nature of Annand. The urge for “common human welfare and service naturally ensues from the concept of the brotherhood of man and common parenthood of God”. For the large hearted people the whole World is one family. Our Atharvaveda ¼vFkZoosn½ says that God who is the common father urges us to come together and says “freed from hate I bring to you concord and unanimity”. “…. may your wealth be your service; may our action and our intellectual pursuit conduce to your happiness; may our studies our knowledge promote your well being; and may all that you have, promote our welfare”. Justice in all its dimensions- political, economic and social does aspire for this ideal. The concept of Yajna ¼;K½ in Ancient India puts more emphasis upon the spirit of sacrifice self less service and welfare. For this reason Yajna is also identified with the status of God because welfare is the expression of Annandam’ which is the beneficence or grace of God. On this basis Vinoba Bhave has started two movements called Bhoodan Yajna ¼Hkw nku ;K½ and Sampati Dan Yajna, ¼lEifŸk nku ;K½ the aim of which was to do justice to the land less and the poor by making available to them land and wealth. From the point of view of Dharma as Justice even punishment by law should be given for the welfare of the individual and society in the spirit of Yajna or sacred duty and as a worship of God who is himself the epitome of human welfare. Justice by its elevation is then Human Welfare without which it cannot satisfy our human soul, nor can be certified as ‘Kama’ or God’s ‘Shakti’.

(e) Concept of Justice or Dharma as Annand – Freedom From bondage

The concept of human freedom is considered as the glory of the western materialistic civilization and culture. The urge for freedom has led to enhancement of man’s power of control over nature and development of technology to give more impetus to satisfaction of wants, to acquire and accumulate more property, to provide more comforts and luxuries, to enlarge man’s contractual capacity, to propagation of natural rights and now ‘Human Rights’ etc.In this way the theory of freedom has become also the theory of Justice. On the count that freedom is necessary to provide the opportunities for development of human personality and for utilization of his inborn potentialities to the fullest extent freedom is justified. Though we in Indian have fought for freedom against political enslavement which is a necessary requirement for our national identify and existence, yet the ideology of freedom as freedom for its own sake is not Justified. The freedom craved by the western mind is the evil effect of exaggerated individualism which gives more sanctity to the private property and has resulted in exploitation of class by class of individuals. The Indian concept of freedom is based on man’s realization of his own responsibilities where duties are more important than rights for individual and social welfare. Real freedom does consist in man’s self realization and in freeing one self from material bonds and limitation of self and in reclamation of spirit. At that stage freedom as an aspect of Justice or Dharma becomes the complete ‘good’ and is materialized in human service and welfare. It becomes then the perfection of civilization.

Justice as an ideal has a spiritual value which expresses spiritual humanism, which is the ultimate goal of our civilization and culture and is still more of an aspiration than a fulfillment. Achievement of Justice through the process of law is still full of uncertainties and difficulties for the poor and ignorant people of India. The Just settlement of disputes is still a matter of chance and luck due to various faults defects, laches, and inadequacies of law and procedure. Litigation is still a costly game which people can ill afford. The whole legal system has become a time consuming machine with mounting arrears and with all its delays and denials of Justice. This makes the delivery of Justice deficient and way ward. The new reform movement through clinical education, growth of public interest litigation, recurrent holding of Lok Adalats, dispensation of legal services by free legal aid and introduction of computer technology etc. may improve our delivery of Justice. We still aspire for that Justice like that of Jahangiri Insaf or long to have Nyaya like that of ‘Judgment seat of Vikramaditya’ to have real justice for our people.

(6) Conclusion :

We in India are living in the modern age. In ancient India the concept of Dharma was the synthesis of law, religion and morality. It represented the reality it self and the whole of ‘Right and Truth of human life. It was the spirit of Justice and the Victory of good over evil. Now we live in multi- religious, multi lingual plural society. The word ‘Dharma’ as Justice may seem not so representative of all the people of India due to its modern meaning as ‘religion’ only. But we need some other concept like Dharma which can represent Justice as a whole.

In ancient India Dharma was considered as the complete constitution of our ancient Indian Society. Now our Constitutionalism represents our Dharma and justice which balances and harmonizes parliamentary democracy with presidential form of Government, preambular declaration of liberty, equality and fraternity with emergency powers, and fundamental rights of individuals with economic and social goals of Directive Principles of State Policy. Thus Indian Constitution makes India a welfare state to enforce socio economic justice progressively. It has articulated the aim to establish a socialistic pattern of society. Further to make Indian people as right conscious as well as duty conscious our Constitution has given place now to the Fundamental Duties of citizens. Our Constitutional faith in peaceful co-existence; internationalism etc. shows our resolve to lay the strong foundation of a ‘Just Society’. The regular course of five year plans, decentralization, adoption of autonomous ‘Panchayati Raj’, policy of non alignment and assertions of peaceful co-existence, our commitment for peaceful use of nuclear energy with out losing sight of the need of security and self defense of the state etc, are all in tune with the spirit of Indian culture. Our constitutionalism is the new incarnation of our old concept of Dharma which expresses our will and determination to uphold justice in every walk of life of the Indian people.

 Prof. of Law, Faculty of Law, Jai Narayan Vyas University, Jodhpur

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