The First Amendment to the US Constitution is 45 words long. The full text reads:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Just by the way, the first 10 amendments to the US constitution is collectively known as the “Bill of Rights.” They were all ratified on Dec 15, 1791.
The First Amendment to the Indian constitution was introduced by Jawaharlal “Cha-cha” Nehru and was enacted in June 1951. The full text of the amendment is below.
It is not for the fainthearted. You ask why? Because here’s a very brief extract from the more than 1700 words.
No law in force in the territory of India immediately before the commencement of the Constitution which is consistent with the provisions of article 19 of the Constitution as amended by sub-section (1) of this section shall be deemed to be void, or over to have become void, on the ground only that, being a law which takes away or abridges the right conferred by sub-clause (a) of clause (1) of the said article, its operation was not saved by clause (2) of that article as originally enacted.
Please do check out full text below.
In the previous parts (first and second) of this essay, I discussed some aspects of constitutions and governments. The discussion was general and was principles based. In this part, I examine the particular case of the Indian constitution and the governments that it gives rise to. And I conclude that the constitution needs to be replaced.
In part 1 of “Constitution, Government, Economy”, I had explored what a state is, what an economy is, the need for a constitution, the restrictions that must be imposed on a government, etc. This is a continuation of the same. In this, I go into some details on redistribution and why it must no be done by government.
Hayek’s monumental work “Law, Legislation and Liberty” contains deep insights into what the proper functions of governments are, and how they should be understood and implemented. Every paragraph is worth quoting in full. But here are a few select bits extracted from the 3-volume work to give you a sense of Hayek’s ideas.
The constitution is that set of “top-level rules of the game” that are relatively few, relatively inflexible, general and persist across generations, or periods.
In the extended social order we call society, individual persons are the basic interacting units who attempt to realize their individual objectives, individually and collectively. Some of these objectives or goals can be realized by organizing privately, and others only through collective actions. Organized private activity is called “the market” which meets the private needs of the people. For those goals which require collective action, collective decisions have to be made.
That is what “government” is. In James Buchanan’s view, government is “that complex of institutions through which individuals make collective decisions, and through which they carry out collective as opposed to private activities.” And “politics” according to him “is the activity of persons in the context of such institutions.”
Friedrich Hayek’s Law, Legislation and Liberty. Vol. 3 The Political Order of a Free People. 1979. Chapter 13, “The Division of Democratic Powers.” Pg 31-32.
A system which may place any small group in the position to hold a society to ransom if it happens to be the balance between opposing groups, and can extort special privileges for its support of a party, has little to do with democracy or ‘social justice’. But it is the unavoidable product of the unlimited power of a single elective assembly not precluded from discrimination by a restriction of its powers either to true legislation or to government under a law which it cannot alter.
Not only will such a system produce a government driven by blackmail and corruption, but it will also produce laws which are disapproved by the majority and in their long-run effects may lead to the decline of the society. . . .
A further peculiar sort of bias of government created by the necessity to gain votes by benefiting particular groups or activities operates indirectly through the need to gain the support of those second-hand dealers of ideas, mainly in what are now called the ‘media’ , who largely determine public opinion.
Here’s a quote from Friedrich Hayek’s Law, Legislation and Liberty. It appears in the 3rd volume, The Political Order of a Free People, in the chapter on MAJORITY OPINION AND CONTEMPORARY DEMOCRACY, page 4:
May it not be true, as has been well said, that ‘the belief in democracy presupposes belief in things higher than democracy’? And is there really no other way for people to maintain a democratic government than by handing over unlimited power to a group of elected representatives whose decisions must be guided by the exigencies of a bargaining process in which they bribe a sufficient number of voters to support an organized group of themselves numerous enough to outvote the rest?
What are things that are higher than democracy? A belief in the sovereignty of law, and obedience to the rules of just conduct.