The amendment procedure under the Indian Constitution has been the subject of various criticisms over the years. Here are some of the key criticisms: 1. Rigidity vs. Flexibility Rigidity: Some critics argue that the amendment procedure is too rigid, making it difficult to adapt to changing circumstaRead more
The amendment procedure under the Indian Constitution has been the subject of various criticisms over the years. Here are some of the key criticisms:
1. Rigidity vs. Flexibility
Rigidity: Some critics argue that the amendment procedure is too rigid, making it difficult to adapt to changing circumstances. The requirement for a supermajority in both houses of Parliament and ratification by half of the state legislatures for certain amendments can be challenging to achieve.
Flexibility: Others argue that the procedure is too flexible, allowing for frequent and sometimes whimsical changes to the Constitution. This could potentially undermine the stability and sanctity of the constitutional framework.
2. Parliamentary Supremacy
Excessive Power to Parliament: Critics argue that the Parliament has excessive power to amend the Constitution, which could lead to misuse. There are concerns that a ruling party with a strong majority could amend the Constitution to serve its interests rather than the public good.
Lack of Direct Public Involvement: Unlike some other countries, there is no provision for a public referendum on constitutional amendments in India. This means that significant changes can be made without direct input from the electorate.
3.Judicial Review
Scope of Judicial Review: There have been debates over the scope of judicial review concerning constitutional amendments. The Kesavananda Bharati case established the “basic structure doctrine,” which holds that certain fundamental features of the Constitution cannot be altered. Critics argue that this gives the judiciary excessive power over constitutional amendments, potentially leading to judicial overreach.
Uncertainty and Ambiguity: The “basic structure doctrine” can be seen as vague and subject to interpretation, leading to uncertainty about which parts of the Constitution can be amended and which cannot.
4. Federal Concerns
State Involvement: The requirement for state ratification for certain amendments is seen as insufficient by some critics. They argue that states should have a greater say in the amendment process, especially for amendments that affect federal structures and state powers.
Centralization of Power: There is a concern that the amendment procedure allows for centralization of power, with the central government having the upper hand in initiating and passing amendments.
5. Political Manipulation
Partisan Amendments: The amendment process can be used for partisan purposes, where changes are made to benefit the ruling party or to undermine opposition parties. This can lead to constitutional amendments that are politically motivated rather than aimed at genuine national interest.
Frequent Amendments: Critics argue that the frequency of amendments can undermine the authority of the Constitution and lead to legal and administrative instability.
6. Complexity and Accessibility
Complex Procedures: The procedures involved in amending the Constitution are complex and not easily understood by the general public. This can lead to a lack of transparency and public engagement in the constitutional amendment process.
Accessibility Issues: The procedural requirements can be seen as inaccessible, making it difficult for meaningful and needed changes to be made efficiently and effectively.
Conclusion
The amendment procedure under the Indian Constitution is designed to balance the need for stability with the need for adaptability. However, it has faced criticism on various grounds, including its perceived rigidity, the potential for parliamentary and judicial overreach, federal concerns, the risk of political manipulation, and the complexity of the process. These criticisms highlight the ongoing debate about how best to structure the process for amending the Constitution to ensure it serves the long-term interests of the nation.
The Dhamma is a collection of laws that served as Ashoka the Great's, the third Mauryan emperor, policy when he ascended to the throne. The Prakrit equivalent of the Sanskrit term Dharma is the word Dhamma. Ashoka’s Dhamma has been variously translated as piety, morality, righteousness, and other coRead more
The Dhamma is a collection of laws that served as Ashoka the Great’s, the third Mauryan emperor, policy when he ascended to the throne. The Prakrit equivalent of the Sanskrit term Dharma is the word Dhamma. Ashoka’s Dhamma has been variously translated as piety, morality, righteousness, and other concepts, but reading Ashoka’s edicts is the best method to comprehend what he means by Dhamma. Though always misunderstood by Buddhism, Ashoka’s Dhamma as reflected in his inscriptions and sources was made for the larger, heterogeneous population of Magadh. Before delving into the technicalities and nature of Ashoka’s Dhamma, let’s have a look at Ashoka’s background.
The majority of Ashokan edicts are about Dhamma, and a deeper study of Ashokan edicts can help us find out more about its nature, practices and use.
According to an Ashokan Edict, the practice of having inscriptions on dhamma began 13 years after the abhisheka of Ashoka and continued till the end of his life.
We should not translate Dhamma (or its Sanskrit equivalent Dharma) as a religion since it must be understood that Dhamma was not any specific religious faith or practice.
Also, Ashoka’s Dhamma wasn’t a royal policy that was developed at random. Dhamma was very broadly tied to social behaviour and activity norms, and Ashoka made a very rigorous synthesis of the many norms that were in use at the time in his Dhamma. Let’s move further to the next section to understand more about what were the causes of the rise of Ashoka’s Dhamma.
Ashoka positioned himself as the supreme proponent and teacher of dhamma as the patriarch of his realm.
Causes of Ashoka’s Dhamma
In order to understand the causes of the rise of Ashoka’s Dhamma, we need to understand that Dhamma was an earnest attempt to solve the problems faced by the heterogeneous population of Magadh. The imperial system of Magadh had a variety of social, political, and cultural patterns as Magadh had a heterogeneous population. Ashoka was forced to choose between using force to uphold the structure, which would cost a fortune, and creating a system of social rules that would be accepted by all people regardless of their social customs or religious beliefs and Dhamma was his answer.
The heterodox sects like Buddhism, Jainism and Ajivikas opposed Brahmanism. But as Brahmans continued to have a stronghold on society, Ashoka introduced Dhamma to bring about a climate of harmony and mutual trust. There were numerous tribal regions throughout the empire where people were clearly unfamiliar with either heterodox or Brahmanical concepts.
In the midst of such variety, to ensure the empire’s survival and to foster some degree of coherence within the empire, Dhamma was introduced. Dhamma, in conclusion, can be seen as Ashoka’s response to these challenges.
Characteristics of Ashoka’s Dhamma
Dhamma emphasised toleration and general behaviour.
Dhamma emphasised that servants should be treated with consideration, and elders should be treated with respect.
Ashoka’s Dhamma argued for tolerance of various religious groups in an effort to foster harmony.
Dhamma also laid stress on non-violence. Non-violence was to be practised by giving up war (dhamma-vijaya) and conquests and also as a restraint on the killing of animals.
Dhamma also included practising certain welfare measures, like planting trees, digging of wells, education and health facilities for all etc.
Inappropriate rituals like sacrifices were attacked by Ashoka’s Dhamma.
Nature of Ashoka’s Dhamma
The nature of Ashoka’s Dhamma has been an issue of intense controversy and debate amongst scholars. As discussed above, some scholars claim that Ashoka’s Dhamma had a definite Buddhist core. Let’s discuss the viewpoint of some scholars on the issue:
Romila Thapar- Historian Romila Thapar has underlined the political reasons behind the propagation of Dhamma. According to her, there need be no connection between Buddhism and Ashoka’s Dhamma. Dhamma was an ideological weapon by Ashoka to consolidate his far-flung heterogeneous empire.
Another theory claims that Ashoka’s Dhamma was the original Buddhist doctrine, with certain doctrinal modifications applied to Buddhism subsequently. This line of thought is derived from several Buddhist writings. Ashoka is thought to have made a profound change during the Kalinga war, choosing to convert to Buddhism out of regret for the suffering and devastation caused by war.
However, the nature of Ashoka’s Dhamma was not strong and versatile enough to sustain after his death. Yet, as long as Ashoka was alive, he made all possible attempts to spread Dhamma around the world.
Spread of Ashoka’s Dhamma
Ashoka dispatched a number of missions to spread the Dhamma because he desired to rule the world through compassion and faith. Dhamma-Vijaya was considered the best way of conquest as it was peaceful and the emperor is said to have achieved dhammavijaya over Pulindas, Bhojas, Andras, Cholas and Pandyas. These kinds of expeditions were dispatched to distant locations including Egypt, Greece, Sri Lanka, etc.
Ashoka wrote his opinions on the Dhamma on edicts that were intended to be read by individuals from different regions. Ashoka was attempting to get in touch with his people directly by doing this. These inscriptions were created throughout his reign, in various years.
The Dhamma also placed a strong emphasis on nonviolence. Giving up warfare and conquering was one way to practise non-violence, as was practising Dhamma-vijaya. Further, according to his Major Rock Edict I, Ashoka declared animal sacrifice as forbidden.
Ashoka created a special cadre of dhamma-mahamattas, 13 years after his abhisheka. Dhamma-mahamattas’ responsibilities included making sure that people from different sects received equal treatment and propagating Dhamma in and outside the kingdom.
Dhamma Yatra was also started by Ashoka. He travelled the nation with his top officials in order to spread the Dhamma and interact with his people in person.
Ashokan Inscriptions on Dhamma
Our sources of information on Ashoka’s Dhamma are his inscriptions, which allow us to infer that Ashoka advocated for social responsibility, tolerance, and nonviolence. These edicts were issued by Ashoka and included his opinions on the Dhamma. They were intended to be read by individuals from different regions. Ashoka was attempting to get in touch with his people directly by doing this. These inscriptions were created throughout his reign. Let’s go at a deeper level and analyse some of these inscriptions.
A very significant Dhamma policy statement is Major Rock Edict IV. The edict states that because of Ashoka’s Dhamma policy, immorality, disdain for Brahmanas and Sramanas, aggression, unseemly behaviour toward friends, family members, and others, and other such sins have been curbed.
In the twelfth year of his rule, Major Rock Edict V mentions the first time Dhamma-mahamattas was appointed. To protect the interests of all sects and religions and to disseminate the Ashoka’s Dhamma in every nook and corner of society, the king appointed these special officers. They were given the task of carrying out the dhamma policy.
The emperor would go on Dhammayatras (tours), according to Major Rock Edict VIII. Dhammayatras gave the monarch the chance to interact with various groups of people throughout the realm.
When attempting to comprehend the Ashokan policy of the Dhamma, Major Rock Edict XIII is of utmost significance. The Rock Edict calls for Dhamma rather than a military victory.
Conclusion
In order to comprehend Ashoka’s formulation of the Dhamma and what he meant by it, one must be aware of the historical context in which he lived and consult books from the Buddhist, Brahmanical, and a variety of other traditions that explain social standards of his time period. The Dhamma of Ashoka was not merely a compilation of high words. He said that “All mankind” are his “children,” and that all of his endeavours are merely an effort to pay back his debt to all living things. He made a very conscious effort to adopt this as an official policy. It was a vision of kingship that was inspiring and wholly new.
Even though Ashoka’s Dhamma did not outlive him, Ashoka did leave a legacy for his future generations to ponder over.
See less