The Loot Of The Common Property Resources

Positive India:Kanak Tiwari:
A very valuable piece of legislation of the Indian Constitution reads under article 39 (c) that (c) ‘The State shall, in particular, direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.” The aforesaid provision in its legal and philosophical import though appears very innocent and desirable yet has been subjected to lingual fracture and disasters in view of the real effect to the economy of the county and to the condition of the public at large. The discussion ensured upon the ‘Objective Resolution’ moved by Jawaharlal Nehru which debate continued for several days. Each and every speech made in favour or with a view to amend the ultimate diction of the constitution has created history of sorts. The speakers were very eminent chosen representatives of the people and also those who were nominated due to their vast administrative experience and legal erudition. Some of them were satisfied with the crisp diction formulated by the drafting committee of the constitution chaired by Dr. B.R. Ambedkar. There were few voices of dissent which would caution the treasury benches composed of Jawaharlal Nehru, Dr. B.R. Ambedkar, Sardar Vallabhbhai Patel, Alladi Krishnaswami Ayyar, N. Gopalaswami Ayangar and Kanhaiyalal Maniklal Munshi including the constitution advisor B.N. Rau.

It was emphasized by a concerned member that the ambiguous diction will provide for many interpretations and avenues to invite the monopolies to constitute even cartels to loot the common property resources for only profiteering unless a provision was incorporated in terms of state control. A warning was issued that the members of the Assembly will be all too familiar with the history of Trusts in England or America, and of the Syndicates and Cartles in Germany or France. They would easily realize how insidiously, how slowly, but how irresistibly the movement for Trustification, Syndication, Cartelization, combination or monopoly in all important industries began to develop, what devices they adopted for holding the monopolies tightly and closely among a select few of their own blood circle, and what part the interlocking Directorate plays in the general direction of policy. How when competition is intense, they try to ruin every new appearance in the field. So that the field remains for ever their exclusive possession, their exclusive property.

Privatization and the common property resources now given in the hands of a handful of monopolies and corporates has played havoc of the economy of the country. Several thousand lacks of rupees have been given to the private corporates as loan from the banks. They have flagrantly violated the rules and directives and have refused to pay back the lone amounts received. The government of India in a strange behavior has declared such loans and debts as non recoverable and have condoned the liabilities. The corporates have cheated and looted the banks where the moneys belonging to the people of India are being deposited. Even otherwise that hundreds of corporate and their directors have fled the country and are not likely to be brought back easily. Even if they would be brought back it would be difficult, rather impossible, to make recovery of the entire loan amount. Even the communist, the socialists and the severest critics of the governance disfavouring the corporates have not used that tough and prophetic language which was used by one such constitution maker.

He emphatically said that the civilized cannibal of our time, the blood-sucker, is the exploiter who is highly honoured, who is often titled, who is very fully represented in this House also. He is therefore able to dictate to you, and inspire you in innumerable ways, as to how you shall provide for his safety in the Constitution itself, so that he could get a new lease of life and go on in a variety of ways, multiplying, diversifying, increasing and intensifying his monopoly to the prejudice of the common people, to the prejudice of the country’s defense, to the prejudice of all those who have been looking forward to this age as an age in which real power is supposed to be vested in the representatives of the people in this House, to be able at least to obtain the immediate necessaries of life without paying the toil of the profiteer, and as such to be able to lead a life a little above the level of the beasts.

It is unfortunate common experience that as on today despite the aforesaid provision under the directive principles as also socialism incorporated in the preamble of the constitution the central government of the day since 1991 is chasing the postulates of the constitution in a rather negative way. The pace and encouragement given to the private sector also due to statutory prescriptions would ultimately create a world of economic inequities and then that would be irreparable. It is prime duty not only of the parliament of India but also of the people at large to rise to the occasion to ensure that the basic spirit of the constitution as inculcated remains intact in its fragrance.
Courtesy:Kanak Tiwari