Editor: I. Mallikarjuna Sharma Volume 11: 15-31 March 2015 No. 5-6

14 A Historical View of Law (V.V. Reddy) (2015) 1 LAW
Taj Mahal pale away before the steam engine and
the electric motor. Therefore, it was no surprise
when man set his foot on the moon by the 70s of
the 20 th century. All these achievements are due
to harnessing of the forces of nature by human
labour – both physical and mental – and molding
it into a super-technology. Alas, today technology
has also become a private property through intellectual
property rights. That is, as said already, what the
law does is only the official recognition of the fact.
LEGITIMIZATION OF LAWS: In order to legitimize
the existing laws, periodic elections are held to
the law-making bodies. However, in the words of
Prof. G.K. Galbraith, “In the USA people have
votes, but only the rich vote, as the poor is
indifferent because they are worried of their
jobs.” 9 This is true, because not many American
Presidents were elected with a majority of
popular vote. Still, the laws, both old and new,
become legitimized. Then, what is the nature of
the legislature, a senate or a parliament? Let us
listen to the well-known American journalist,
McChesney: “Throughout the capitalist era, whether
in the United States of America or elsewhere, so
to speak, power has been ‘bought’. Not for nothing,
the U.S. Senate was described as a rich man’s
club when there were no direct elections to it. But
when there are direct elections now, the same
effect is produced.” 10
9
G.K. Galbraith, Good Society: A Human Agenda, 1998,
p. 142.
10 Robert W. McChesney, Power and Politics in the United
States of America, 1987, p. 106. Douglas Dowd also
quotes McChesney and says as follows: “Throughout the
capitalist era, whether in the United States or elsewhere,
power has (so to speak) been "bought." Not for nothing,
for example, was the U.S. Senate called "the rich man's
club" in the years termed "the gilded age," or "the great
barbecue" when there was no direct election of senators.
But when that changed, means were found to bring about
the same result, with respect to the Senate as with other
areas of government – in keeping with Woodrow Wilson's
remark (made in 1912) that "When the government
becomes important, it becomes important to control the
government".” {Douglas Dowd, Capitalism & Its
Economics: A Critical History, Pluto Press, London,
2000, p. 8}
Now, coming back home, India is described as
the largest democracy in the world. But the
Indian Parliament may also be described as a rich
man’s club. In the General Elections of 2014, out
of a total membership of 543, 316 of the elected
parliamentarians were billionaires. 11 They too
were elected with a minority vote. Why this
happened? Compared to the first general elections
(1951-52), election expenses had increased by
more than hundred times. Now a candidate to the
Parliament [ordinarily] has to spend no less than
Rs. 20 crores. Therefore, only the very rich can
contest in the elections.
Indian Constitution: The way our Constitution
was drafted and approved was itself questionable.
Ten months before independence (November
1946), when Britain decided to leave, a
Constitution Assembly was elected by the
provincial assemblies, which were themselves
elected by a limited franchise on 10 March 1946.
The total members of this Constituent Assembly
were 389, out of which 286 were elected by the
Provincial Assemblies and 93 were nominated by
Princely States. After two years of deliberations a
Constitution was adopted on 26 November 1949
and came into force on 26 January 1950.
The Preamble of the Constitution declares:
“India is a sovereign, [Socialist, Secular] 12
Democratic Republic,” and adds “We the People
of India give to ourselves this Constitution.” How
286 indirectly elected and 93 nominated members could
call themselves as representatives of the people of India?
This is a mockery of democracy. Further, the
appellation ‘Socialist’ is false because Article 31
recognizes private property and its acquisition as
a fundamental right. How socialism can be
achieved by private property? Perhaps, in order to
pacify the people, the Constitution has included
the Directive Principles of State Policy, some of
which are:
11 India Election Watch: Report on 2014 General Elections;
the number of billionaires is based on the affidavits filed
by the candidates along with their nomination papers.
12 Added later by the 42 nd Constitution Amendment 1976.
Law Animated World, 15-31 March 2015 14