American expert on India’s constitutional history, Granville Austin, who authored a book The Indian Constitution: A Corner Stone of a Nation observed in it:
“With the adoption of the Constitution by the members of the Constituent Assembly on 26 November 1949, India became the largest democracy in the world.”
He then remarked with emphasis,
“By this act of strength and will, Assembly members began what was perhaps the greatest political venture since that originated in Philadelphia in 1787.”
The Indian constitution, representing “the greatest political adventure,” has sustained the unity and integrity of India and upheld, among others, its pluralism, diversity and secular framework of governance.
It is tragic that the political adventure so successfully represented by the constitution of our country, and globally acclaimed, has confronted mounting assaults from the Modi regime during the last 10 years. Such assaults have become a recurrent feature, surpassing the snatching away of constitutionally guaranteed fundamental rights and arrests of opposition leaders during the 19 months of Emergency imposed by prime minister Indira Gandhi on June 26, 1975. She used the constitutional provision to impose emergency and when it was lifted, the constitution came into full force, all civil rights were restored and general elections organised. It resulted in the defeat of not just Indira Gandhi but also of the Congress party, which was unseated from power.
It is rather agonising that during the last 10 years, there is an undeclared emergency marked by criminalisation of dissent, and the stoking of fear among those who dare to speak truth to power. Those who agitate and interrogate the government have faced sedition cases and been slapped with draconian legal provisions dealing with terrorism and money laundering. People arrested under those stringent laws spend years in prison without any hope of trial commencing in the foreseeable future. The legal process has itself become a punishment for countless people who get incarcerated in violation of their liberties enshrined in the constitution. The grave crisis endangering civil liberties has been compounded due to a calculated strategy of the Modi regime to peddle majoritarianism in the name of religion professed by the majority of the people.
It is rather heart-rending that when the 75th anniversary of the constitution is being celebrated, such unconstitutional acts are being taken to subvert the very ideal of secularism held to be part of the basic structure of the constitution.
In 1973, the Supreme Court in the historic judgement in the Kesavananda Bharati case while declaring that the parliament cannot amend the constitution’s basic structure held that secularism is an integral part of it. Three years later in 1976, the Preamble to the constitution was amended by the Indira Gandhi government to enshrine the word “secular” in it.
It is indeed shocking that Tamil Nadu governor R.N. Ravi, appointed by the Modi regime, openly mocks the constitution by violating the oath he has taken to “preserve, protect and defend the Constitution.” On September 23, 2024, two months before the celebrations of the 75th anniversary of the constitution, he while addressing the convocation of Hindu Dharma Vidya Peetham at Kanyakumari made an outrageous claim that secularism was an “European concept” which was not needed in India and “one insecure prime minister introduced secularism in the constitution during emergency in order to appease some sections of people.”
Even earlier, on many occasions Prime Minister Modi himself ridiculed secularism by telling that no party dared to put the secular badge while seeking votes from the people. His mocking of secularism in a crude manner constituted an affront to the legislative intent of the Constituent Assembly where members while participating in the discussion on the draft constitution articulated the secular aspects of the Constitution and Indian state unanimously. Not a single member advocated for establishment of a theocratic state in India.
Even Sardar Vallabhbhai Patel whom BJP tries to vainly appropriate said in the assembly on May 25, 1949:
“…[I]n the changed conditions of this country, it is in the interest of all to lay down real and genuine foundations of a secular State…”.
He went on to add:
“Nothing is better for the minorities than to trust the good sense and sense of fairness of the majority, and to place confidence in them.”
He then perceptively stated:
“So also it is far us who happen to be in a majority to think about what the minorities feel, and how we in their position would feel if we were treated in the manner in which they are treated”.
Again, on October 14, 1949 he emphatically remarked:
“I made it clear that this Constitution of India, of free India, of a secular State will not hereafter be disfigured by any provision on a communal basis”.
Tragically “this Constitution of India, of free India, of a secular State” has been disfigured, among others, by Prime Minister Modi’s anti-Muslim statements articulated while campaigning for his party during 2024 Lok Sabha elections and recently held elections to the assemblies of Maharashtra and Jharkhand. He has also been silent on open calls issued by BJP leaders and Hindutva votaries and organisations for their genocide and social and economic boycott. Such remarks tear apart the constitution and even on the occasion of the 75th anniversary of the constitution precious little has been done by the Modi regime to stem the tide of such hatred and violent remarks which are against the very core of secularism.
It is worthwhile to recall the utterances of Sardar Patel in the Constituent Assembly on October 14, 1949 when he flagged with concern the “immense difficulties of a secular state being governed peacefully in such conditions” and exhorted by saying “Do not add to our difficulties by creating internal difficulties in which there will be disputes between the communities.”
Sadly disputes between communities are being promoted by BJP leaders occupying high constitutional posts with the mandate of people to govern. Those words of Patel are playing out in India now. “Internal difficulties in which there will be disputes between the communities” have become the new normal because of the divisive statements of Prime Minister Modi and a host of other BJP leaders. Even the floor of the parliament is not spared to target members on the basis of their faith.
Blatantly communally divisive speeches of the Prime Minister spewing venom against Muslims while campaigning in elections clearly violate the constitution and law which prohibit political leaders to appeal for votes in the name of religion. Such acts are held to be corrupt practices. The Election Commission takes no action on complaints clearly establishing the violation of law in such cases. It is rather shattering to note that the celebrations of the 75th anniversary of the Constitution are being marked by recurrent violation of the Constitution itself.
Seventy five years ago, Dr B.R. Ambedkar in his last speech in the Constituent Assembly as the Chairman of its Drafting Committee, had presciently stated:
“On the 26th of January 1950, India would be a democratic country in the sense that India from that day would have a government of the people, by the people and for the people“.
Then he asked:
“What would happen to her democratic Constitution? Will she be able to maintain it or will she lose it again?”
What he said echoes now in 21st century. Hearteningly during the 18th general election campaign, saving the constitution became a major electoral issue. Ambedkar’s fears, articulated in 1949, were articulated by people in 2024. Only people can save the constitution by defending it from the onslaught of the Modi regime.
S.N. Sahu served as Officer on Special Duty to President of India K.R. Narayanan.
This article was originally published on The Wire on November 26, 2024.
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