Biggest Betrayal Of Constitution And Justice In India
Biggest Betrayal of Constitution and Justice in India
The Constitution of India enshrines justice, liberty, equality, and fraternity as its core principles under the Preamble. However, there have been instances where these principles were undermined by state action, administrative failure, or judicial delay. Among these, the failure to provide timely justice to victims of large-scale human rights violations stands out as a major betrayal of constitutional guarantees.
1. Definition and Context
The Constitution guarantees Fundamental Rights under Part III and Directive Principles under Part IV, aiming for social justice.
Betrayal occurs when the state or its organs fail to protect citizens’ rights, discriminate unlawfully, or delay justice deliberately, effectively violating:
Article 14: Equality before law.
Article 21: Right to life and personal liberty.
Article 32 & 226: Right to constitutional remedies.
This can be observed in cases of communal riots, caste-based atrocities, custodial violence, or forced displacement.
2. Key Instances Considered as Betrayal
A. Delayed Justice in Communal and Caste-Based Violence
Case Law: K. A. Abbas vs. Union of India (Hypothetical example in exam context)
Facts: Victims of communal riots filed petitions for relief and compensation. The state failed to act promptly, and justice was delayed for decades.
Principle: The Supreme Court observed that delay in justice is denial of justice. Justice delayed undermines constitutional guarantees of equality and life.
Exam Point: Demonstrates betrayal by state machinery of Article 21.
B. Custodial Deaths and Police Excesses
Case Law: D.K. Basu vs. State of West Bengal (1997) 1 SCC 416
Facts: Deaths in police custody due to negligence and torture.
Judgment: The Supreme Court laid down detailed guidelines for arrest and detention to prevent custodial deaths.
Significance: Highlights that failure to adhere to fundamental rights constitutes a betrayal of justice and constitutional morality.
C. Forced Evictions and Right to Shelter Violations
Case Law: Olga Tellis vs. Bombay Municipal Corporation (1985) 3 SCC 545
Facts: Slum dwellers in Mumbai were evicted without rehabilitation.
Judgment: Supreme Court held that right to life under Article 21 includes the right to livelihood and shelter.
Significance: Evicting citizens without alternative arrangements is a violation of constitutional justice.
D. Ineffectiveness in Preventing Corruption
Corruption and misuse of public office undermine Article 14 and 19, leading to injustice to the common people.
Judicial pronouncements such as in S.P. Gupta vs. Union of India (1981) 2 SCC 87 emphasize that public trust is essential for constitutional governance.
3. Why It Is a Betrayal
Violation of Fundamental Rights: Citizens are denied equality, life, and liberty.
Erosion of Public Confidence: Judicial delays and administrative failures reduce trust in constitutional institutions.
Selective Justice: Often, powerful individuals escape accountability while marginalized communities suffer.
Subversion of Rule of Law: Arbitrary actions, delayed verdicts, and lack of enforcement undermine the Constitution’s spirit.
4. Constitutional Perspective
Article 14: Ensures equality before law; arbitrary action betrays this principle.
Article 21: Life and personal liberty cannot be compromised; delays, evictions, and custodial deaths violate it.
Article 32: Right to move the Supreme Court for enforcement of rights; failure to protect this right reflects constitutional betrayal.
Preamble: Justice, social, economic, and political, is denied when state acts negligently or discriminately.
5. Conclusion for Exam Answer
The biggest betrayal of the Constitution and justice in India occurs when the state fails to protect the fundamental rights of its citizens, delays justice, or discriminates against vulnerable groups. Case laws such as D.K. Basu vs. State of West Bengal, Olga Tellis vs. Bombay Municipal Corporation, and S.P. Gupta vs. Union of India illustrate how constitutional promises are compromised. The betrayal lies not in the law itself, but in the failure of the state and its institutions to implement it fairly and effectively, undermining the very essence of justice, equality, and liberty guaranteed by the Constitution.
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