Law Offices of David G. Arganian, Seattle, WA

India's Foreign policy from Constitutional Perspective

Constitution of India constitutes India into a Sovereign Socialist, Sovereign and Democratic, republic Nation. Socialist Nation is a Nation which allows an individual to collect wealth subject to reasonable restrictions with regard to the rights of Wealth less people to have opportunity to develop them.

In the very concept of socialism an attempt is made out to strike a judicious balance between the Capitalism and communism.

This constitutional mandate of Socialism rightly directed India's Foreign Policy for around Four decades of Independence. In this period we had closed economy at home with object of achieving self reliance in food production as well as Industrial Growth which will guarantee employment to masses. This policy of self development rightly kept away India from Capitalist European and America States.

But with the fall of Soviet Russia in late 1990, the international support of India's economic policy withered away, which results in to temporary set back to our slow but sustained all inclusive growth at home. This ultimately forced India to adopt major changes in India's foreign Policy.

India opened its huge market for Multinational companies from Capitalist Countries and to facilitate them government of India decide to adopt disinvestment in public sector units which results into transfer of wealth from public/ people to a few corporate houses individuals. Here we started sidelining the constitutional spirit of socialist Nation and make moves towards a Capitalist Country. This shift was so swiftly incorporated by India's policy makers that only gloomy side of this shift was visible and dark side was intellectually covered under the carpet.

Rightly after adopting this change in policy India came closer to the countries having capitalist set up. Many individuals and corporate Houses from India also started imprinting their marks in Forbs list of riches men on the earth, we can Name a few, Ambani brothers, Bharti Mittal, etc.

Collection of wealth by a Handful of a few is misunderstood by this country as a development of the nation when majority of the population of this country is not at all part of this capitalist growth. India is developing but Bharat is loosing its existence and countrymen of Bharat are increasing committing suicide across length and breadth of this country. One this is crystal clear in this model of growth that India is shifting from a socialist country to a Capitalist Nation.

Big question is, whether this shift is constitutionally permissible? Answer to this question is in negative and can easily found in the letters and words of the Constitution of India.

Starting from the Preamble to the Chapter of Fundamental rights which allow every individual to adopt and Carry on any business trade or calling but allows the Government to create monopoly in its favor and to have control over national wealth in the interest of public. More Particularly in Part four of the constitution which speaks of Directive principles of State Policy specifically directed government of India to adopt and design policies which will keep India's socialist fabric intact, and model of growth must be based on the inclusive growth, inclusive of all literate and illiterate, poor and rich farmers and businessmen, and not exclusive of poor and downtrodden. Our Commitment to these constitutional goals directed India's Foreign policy till 1990s.

India should be very much careful in carving and implementing its foreign policy as it has direct correlation with the well being of the people of this country. Countrymen here are not homogeneous socially, economically and politically, still there exist a wide gap amongst the people of this country as to their economic status, upbringing and understanding. India needs a few ore year to bring its majority living in villages to the mainstream of this country. Only and only after that we can adopt a foreign policy, which Government of India has prematurely adopted today. Moreover Capitalism shall never be a dominating factor while designing foreign policy for this country. My honest submission before this august gathering of experts of Law and polity is

1. There is an urgent need to reconsider India's foreign policy from constitutional perspective.
2. Goals set out under Part III and Part IV of the Constitution must be respected and achieved will all efforts.
3. India's foreign policy must not ignore major stake holder of this Country i.e. a farmer.
4. India must not do away with our Gandhian Philosophy of Self reliance and all inclusive growth.
5. In the development of India we shall not forget Bharat.



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