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How to Establish Real Republic

Lord .Slynn, Liberal law lord, judge and advocate-general of the European court of
justice

The Indian Law Commission should recommend enactment of legislation to


overcome the effects of some outdated precedents laid down by the

Supreme Court. Lord Slynn, British House of Lords, (Times oflndia 10-06-1996)

India achieved its independence on August IS, I947 and the Constitution Assembly
adopted its charter of social, economic and political governance by signing the
written instrument of Democratic Republic on January 24, I950. In this process, India
was declared to be Democratic Republic from January 26, I950. The Indian
Constitutional Law is given by the people oflndta for establishment of Democratic
Republic, whereby the

'Ihepromrnentleadennamely, Alexander Hamilton. James

mum

Prahladrai L. Avasatthi

Madison and John Jay, who were involved in the struggle to make the US
independent. published eighty five Federalist papers form October 27, I787 to May
28. 1788 wherein they discussed various issues related with Federalism, Checks and
Balances. Separated Powers. Pluralism, Representations and such other matters.

Mr. James Madison in his write-up of federalist No. IO published on November 22,
I787 was first to explain the difference between simple democratic system and
republican form of democracy as under.;

The effect of the first difference (i. e between direct democracy and a
representative republic) is, on the one hand to refine and enlarge the public views
by passing them through the medium of a chosen body of citizens, whose wisdom
may best discern the true interest of their country and whose patnotism and love of
justice will beleast Iikelyto sacritice it to temporary or partial consideration

indirectly hinting at parliamentary system then prevailing in Britain. Mr. Madison


observed that.

"The government of England. which has one republican brand! only. combinedwnh
Hereditaryaristocracy and Monarchy has with equal impmpnety beenplaced on the
list of republics These examples. which are nearly as dissimilar toeath other. as to a
genuine republic. show that

extreme inaccuracy with which

thetennhaaheeausadtapoltual diaquiattton"

60

He further explained a republic in this form:

Ifweresort foracntenonJo the different pnncrples on which different forms


ofgovernment are established. we may define a republic to be. or at least may
bestow diamante on a government which derives all its powers directly or indirectly
from the greatbody of

also Indian leaders

representing in Constituent Assembly have worked tirelessly nght from I946 when
Imperial Government deudedtomake India independenttohlovember 25, I949 when
the Constitution ofuergrng India was adopted by the Constituent Assembly to
pros/ids: mandates for its future

Now the Indian polity ts of democratic republican form

an!