KAILASH SONKA\ Vs. MAYA DEVI

JUDGEMENT

(1.) By our order dated October 20. 1983. we had dismissed the appeal. We now proceed to give our reasons for the same.

(2.) The victory of our long drawn struggle for freedom from the British yoke came to us after one and a half century of perpetual and constant efforts soaked in cold blood and dipped in supreme sacrifice. The historical midnight of August 15, 1947, which ushered in a new era. was merely a completion of a phase and not the end of epoch but only the beginning of the end.

(3.) Soon thereafter the wise wizards and the founding fathers of our Constitution set out to devote their wholehearted attention to devise ways and means to give to our sub-continent a solid and comprehensive Constitution which may solve multifarious and manifold difficulties. fulfil the burning needs of the nation and sort out complex and complicated problems which arose after our hard-won freedom which must have baffled our leaders. There was the question of achieving a secular democracy the largest in the world. based on a socialist pattern which would take care of all sorts and kinds of people having different cultures, languages and religions: to confer and guarantee fundamental rights of citizens through mandatory provisions, to lay down directive principles of State Policy which were to be the guiding spirit of the Constitution, the question of achieving agrarian reform by displacing the old British bureaucratic system and substituting a new order. the issue of reconciling the irreconcilable and various other thorny and tricky matters. One of the important objectives to be translated into action was to take special care of the backward classes members of the Scheduled Castes and Tribes by bringing them to the fore through pragmatic reforms and providing adequate opportunities for their amelioration and development, education, employment and the like.