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Mizzima: Burma greets Indian Republ
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Burma greets Indian Republic on her 50 years
By B.K.Sen
January 26, 2000
As India completes 50 years of the Republic, Burma looks at her with
respect. Both the nations were subjugated and then they liberated
themselves from colonialism at the same time. Thereafter both engaged
themselves to cope with the problems of a post-colonial economy and
society. Constitution has been the pillar for both. Sir B. N. Rau, an
Indian constitutional expert had drafted Burma's 1947 constitution.
Fundamental rights, universal adult franchise, equality, separation of
powers, Independence of Judiciary, democracy and Rule of Law were the
hallmarks of the constitution. India although shaky at times marched
ahead with her constitution preserving and improving it but Burma
faltered and crumbled with no constitution for nearly four decades.
India started with traumatic experience of Partition and a country
divided into two hostile societies on the basis of religion. It was to
the credit of Indian leaders that the great divide was removed and
secularism and pluralism constitute the basic structure of her
constitution. The rest while U.S.S.R had a constitution, which had
enshrined the right of secession. Even then it could not prevent its
breakup. India's constitution however sustained her because the basis
was democracy although short of federalism. There have been center state
frictions, insurgency, and attempts to break away by ethnic minorities.
But by and large India has addressed herself to the problems and she has
been progressively settling them as in Panjab, Mizoram and some of the
NorthEast states. The problem of Kashmir is unique and remains to be
solved. At one time the constitution had a provision for wide autonomy
as a special case for the state of Kashmir. However, events compromised
the situation. Indian constitution eventually will make accommodation
and through dialogue and democratic process a solution will evolve.
Burma is keenly watching the great experiment in ethnicity, which India
is carrying out because ethnicity is one of the major problems of Burma.
The 1947 constitution had a provision of right of secession to some
ethnic nationalities after 10 years of the coming in of the
constitution. To obviate this provision the political and ethnic leaders
convened to amend the constitution on the basis of maximum autonomy to
ethnic nationalities, unity and integrity of the country. General Ne
Win, head of the Burma Army toppled the constitutional government and
seized power. The entire democratic process was hijacked. Constitution
was thrown overboard. His military rule's failure made him to introduce
constitution in 1972. It was a fraud, neither there was freedom as
enshrined in democratic constitution nor there was autonomy. Its main
purpose was to gain legitimacy to perpetuate his one-party rule. The
August 1988 people's upsurge paralysed the country and ironically, the
Army generals buried their own constitution. For the past 12 years Burma
is under martial rule and therefore looks with great interest at India
with her constitution standing the test of time.
India had 3 wars with her neighbour Pakistan and one war with another
neighbour China. In time of war, it is constitutionally permissible to
declare emergency when all fundamental rights are suspended. But India
did not. The spirit of constitution prevailed. There were occasions of
aberration of constitution like internal emergency of 1975-77, abuse of
Article 356 where elected state governments were dismissed and central
rule imposed. But the redeeming feature was that fundamental rights
guaranteed in the constitution could not be suppressed. Democracy was
resilient. There was massive protest and dissent. In Burma it is the
opposite. The Army junta is perpetuating its rule by a reign of terror.
In 1990 it held a General Election on the declared principle of
multi-party democracy. When the N.L.D under leadership of Aung San Suu
Kyi got landslide victory, it panicked. It refused to initiate transfer
of power to the elected representatives of the people and resorted to
various tricks of convening a National Assembly drawing a constitution
with Army hegemony. The N.L.D has drafted future constitution of Burma,
Burmese exiles have refined it. International and Indian experts have
welcomed it. There is a consensus. But junta has banned any publication
of it. Even the one drafted by Junta cannot be criticized. It results in
20 years imprisonment. Constitution has become a nightmare to the Junta.
This has intensified people's love for constitution and all countries
where there is Rule of Constitution. Burma salutes India for
successfully upholding Constitution. It is an inspiration to the people
of India, that her neighbour India has been able to manage her democracy
with its constitution confining the Army to its defined role and
upholding supremacy of Civil governance.
One great lesson that Burma has learnt from India is that constitution
is an apple of people's eye. India's constitution has been able, in
harnessing all radical and revolutionary parties in the mainstream if
national politics. The left parties have abjured the path of armed
struggle and accepted the path of non-violent peaceful struggle. In
Burma there has been multi-coloured insurgencies; political and ethnic
parties had attempted to settle their demands by resort to armed
struggle. This shift in Indian politics is the gift of the Indian
constitution, which has provided avenues for ventilation, and assertion
of their grievances. India's constitution has also opened up a new vista
of power sharing in national life. The downfall of traditional party
with great hallo and attributes, the meteoric rise of unknown parties,
the governance at Centre on power sharing basis, the autonomy and
governance at States by parties opposed to central political outfit are
events of great interest to India's neighbours. The emergence of
opposition as a political force and its recognition by the ruling party
is another shining feature of India's constitution. Independence of
Judiciary, neutrality of Army in politics, functioning of N.G.Os and
human right activists need no mention.
On this 50years of India's Republic, the Army generals in Burma may
begin with some new thoughts, break the mould they have put themselves
in. Burma is in dire need of a democratic federal constitution. The
political process will have to be determined by the will of the people
who have already given their mandate. The junta may start by sending
greetings to India on the occasion of 50 years of her Republic.
(B. K. Sen is an advocate who works for Burma Lawyers' Council in India
and contributed this article to Mizzima News Group)
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<b><font color="#3366FF"><font size=+2>
Burma greets Indian Republic on her 50 years</font></font></b>
<p><font color="#990000"><font size=+1>By B.K.Sen</font></font>
<br><font color="#990000"><font size=+1>January 26, 2000</font></font>
<p><font color="#3366FF"><font size=+1>As India completes 50 years of the
Republic, Burma looks at her with respect. Both the nations were subjugated
and then they liberated themselves from colonialism at the same time. Thereafter
both engaged themselves to cope with the problems of a post-colonial economy
and society. Constitution has been the pillar for both. Sir B. N. Rau,
an Indian constitutional expert had drafted Burma's 1947 constitution.
Fundamental rights, universal adult franchise, equality, separation of
powers, Independence of Judiciary, democracy and Rule of Law were the hallmarks
of the constitution. India although shaky at times marched ahead with her
constitution preserving and improving it but Burma faltered and crumbled
with no constitution for nearly four decades.</font></font>
<p><font color="#3366FF"><font size=+1>India started with traumatic experience
of Partition and a country divided into two hostile societies on the basis
of religion. It was to the credit of Indian leaders that the great divide
was removed and secularism and pluralism constitute the basic structure
of her constitution. The rest while U.S.S.R had a constitution, which had
enshrined the right of secession. Even then it could not prevent its breakup.
India's constitution however sustained her because the basis was democracy
although short of federalism. There have been center state frictions, insurgency,
and attempts to break away by ethnic minorities. But by and large India
has addressed herself to the problems and she has been progressively settling
them as in Panjab, Mizoram and some of the NorthEast states. The problem
of Kashmir is unique and remains to be solved. At one time the constitution
had a provision for wide autonomy as a special case for the state of Kashmir.
However, events compromised the situation. Indian constitution eventually
will make accommodation and through dialogue and democratic process a solution
will evolve. Burma is keenly watching the great experiment in ethnicity,
which India is carrying out because ethnicity is one of the major problems
of Burma. The 1947 constitution had a provision of right of secession to
some ethnic nationalities after 10 years of the coming in of the constitution.
To obviate this provision the political and ethnic leaders convened to
amend the constitution on the basis of maximum autonomy to ethnic nationalities,
unity and integrity of the country. General Ne Win, head of the Burma Army
toppled the constitutional government and seized power. The entire democratic
process was hijacked. Constitution was thrown overboard. His military rule's
failure made him to introduce constitution in 1972. It was a fraud, neither
there was freedom as enshrined in democratic constitution nor there was
autonomy. Its main purpose was to gain legitimacy to perpetuate his one-party
rule. The August 1988 people's upsurge paralysed the country and ironically,
the Army generals buried their own constitution. For the past 12 years
Burma is under martial rule and therefore looks with great interest at
India with her constitution standing the test of time.</font></font>
<p><font color="#3366FF"><font size=+1>India had 3 wars with her neighbour
Pakistan and one war with another neighbour China. In time of war, it is
constitutionally permissible to declare emergency when all fundamental
rights are suspended. But India did not. The spirit of constitution prevailed.
There were occasions of aberration of constitution like internal emergency
of 1975-77, abuse of Article 356 where elected state governments were dismissed
and central rule imposed. But the redeeming feature was that fundamental
rights guaranteed in the constitution could not be suppressed. Democracy
was resilient. There was massive protest and dissent. In Burma it is the
opposite. The Army junta is perpetuating its rule by a reign of terror.
In 1990 it held a General Election on the declared principle of multi-party
democracy. When the N.L.D under leadership of Aung San Suu Kyi got landslide
victory, it panicked. It refused to initiate transfer of power to the elected
representatives of the people and resorted to various tricks of convening
a National Assembly drawing a constitution with Army hegemony. The N.L.D
has drafted future constitution of Burma, Burmese exiles have refined it.
International and Indian experts have welcomed it. There is a consensus.
But junta has banned any publication of it. Even the one drafted by Junta
cannot be criticized. It results in 20 years imprisonment. Constitution
has become a nightmare to the Junta. This has intensified people's love
for constitution and all countries where there is Rule of Constitution.
Burma salutes India for successfully upholding Constitution. It is an inspiration
to the people of India, that her neighbour India has been able to manage
her democracy with its constitution confining the Army to its defined role
and upholding supremacy of Civil governance.</font></font>
<p><font color="#3366FF"><font size=+1>One great lesson that Burma has
learnt from India is that constitution is an apple of people's eye. India's
constitution has been able, in harnessing all radical and revolutionary
parties in the mainstream if national politics. The left parties have abjured
the path of armed struggle and accepted the path of non-violent peaceful
struggle. In Burma there has been multi-coloured insurgencies; political
and ethnic parties had attempted to settle their demands by resort to armed
struggle. This shift in Indian politics is the gift of the Indian constitution,
which has provided avenues for ventilation, and assertion of their grievances.
India's constitution has also opened up a new vista of power sharing in
national life. The downfall of traditional party with great hallo and attributes,
the meteoric rise of unknown parties, the governance at Centre on power
sharing basis, the autonomy and governance at States by parties opposed
to central political outfit are events of great interest to India's neighbours.
The emergence of opposition as a political force and its recognition by
the ruling party is another shining feature of India's constitution. Independence
of Judiciary, neutrality of Army in politics, functioning of N.G.Os and
human right activists need no mention.</font></font>
<p><font color="#3366FF"><font size=+1>On this 50years of India's Republic,
the Army generals in Burma may begin with some new thoughts, break the
mould they have put themselves in. Burma is in dire need of a democratic
federal constitution. The political process will have to be determined
by the will of the people who have already given their mandate. The junta
may start by sending greetings to India on the occasion of 50 years of
her Republic.</font></font>
<p><font color="#990000"><font size=+1>(B. K. Sen is an advocate who works
for Burma Lawyers' Council in India and contributed this article to Mizzima
News Group)</font></font>
<br>
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