75 Years Down the Line, Whither Indian Constitution?

Parliament spent two days discussing the Indian Constitution. While the Opposition leaders argued that our Constitution had a large space for enhancement of the rights of weaker sections of society, for religious minorities among others, they are suffering terribly. Muslims have been reduced to second class citizenship.

The ruling dispensation, the Bharatiya Janata Party (BJP), leaders within Parliament and its ideologues outside Parliament, argued that all the ills of society and violation of constitutional values began with Jawaharlal Nehru (amendment to stop hate speech), via Indira Gandhi (the Emergency), via Rajiv Gandhi (the Shah Bano Bill) to Rahul Gandhi (tearing the Bill) have been the violators of the values of Constitution.

BJP leaders and Hindu nationalist ideologues are stating that the Indian Constitution has been based on Western values, a colonial imprint on our society; it is a break from India's civilisation and culture. They also argue that the Constitution and its application is the appeasement of Muslim minorities for vote bank purposes that has been done by the Congress party.

As we know, the Constitution was the outcome of the values that emerged during the freedom movement. It also kept in mind the long tradition of our civilisation. The understanding of our civilisation is very different for those who participated in the freedom movement, those who stand for its ideology, and those who kept aloof from the anti-colonial movement and bowed to the British rulers.

While the freedom movement saw India as a plural nation with rich diversities, those who stood aloof saw the civilisation as Hindu civilisation. For them, pluralism is a diversion and imposition by the educated, modern leaders.

Even the Rashtriya Swayamsevak Sangh (RSS) combine forgets that what they call as Hindu civilisation is undermining the contributions of Jainism, Buddhism, Christianity, Islam and Sikhism to our civilisation. Even the interpretation of Lord Ram, their major icon, is so diverse for Kabir, who saw the Lord as a Universal spirit, for Gandhi, who saw Him as protector of all the people, irrespective of their religion in his famous: Ishawar Allah Tero Naam (Allah and Ishwar are same).

Jawaharlal Nehru saw India, Bharat Mata, in his book, The Discovery of India, as an “ancient palimpsest on which layer upon layer of thought and reverie had been inscribed, and yet no succeeding layer had completely hidden or erased what had been written previously.” With great pride, he recalled the rule of Emperor Ashok, who in many edicts etched on stones, talked of equal treatment for Vedic Hinduism, Jainism, Buddhism and Ajivikas.

This is the core difference between the RSS combine and its ideologues who see India as exclusively Brahmanical Hindu, and those like Gandhi and Nehru, as a country belonging to all the people.

The Indian Constituent Assembly mainly represented the stream that struggled against the British, the national stream, while RSS was a marginal stream sticking to “India as Brahmanical Hindu nation”. This started getting reflected immediately after the draft of the Indian Constitution. B.R Ambedkar and Nehru were cautious and stated  that the implementation of its basic structure should be ensured by those ruling the country.

Prime Minister Atal Bihari Vajpayee of BJP, in 1998, formed the Venkatachaliah Commission to review the Constitution. K.R. Narayanan, the then President of India, aptly remarked: “It is not the Constitution that has failed us; it is we who have failed the Constitution!”

This is so true, particularly after the rule of the Narendra Modi government (2014 onward). It is during this period that though the Constitution has not been changed as such, though many from the RSS camp have expressed their wish to do so, without getting reprimanded from the top leadership. This was most blatantly stated to back up their slogan of ‘400 Paar’ (More than 400 seats in Parliament in the 2024 elections), meaning that ‘we want so many seats so that we can change the Constitution.’

The blatant rise of hate speech, lately most clearly stated by a sitting Judge of Allahabad High Court, Shekhar Kumar Yadav, when participating in a Vishwa Hindu Parishad event, saying: “The country will run as per the wishes of its majority.”

Justice Yadav made the remarks while delivering an address on “Constitutional Necessity of Uniform Civil Code”. “Only what benefits the welfare and happiness of the majority will be accepted,” Yadav said.

Worse than his stating so, has been the statement of BJP’s Yogi Adityanath, the Uttar Pradesh Chief Minister, who supported Yadav’ utterances. Mercifully, the Supreme Court has taken cognizance of Yadav's communal hate speech. But, who will take cognizance of Yogi supporting him?

Commenting on the current state of affairs, Justice Aspi Chinoy made a very apt comment. He said, "The BJP being the government at the Centre and having an absolute and overwhelming majority in Parliament, sees no need to alter the de jure status of India as a secular country and Constitution. Being in control of the state and its diverse instrumentalities it has been able to achieve its goal of undermining India's secular constitution and introduce a Hindutva based ethnocracy, even without amending and altering the de jure secular status."

This sectarianism of the ruling BJP goes back to the time when the draft of Constitution was released. A couple of days’ later, the RSS mouthpiece (unofficial) Organiser stated on November 30, 1949. “The worst [thing] about the new Constitution of Bharat is that there is nothing Bharatiya about it… [T]here is no trace of ancient Bharatiya constitutional laws, institutions, nomenclature and phraseology in it”. Meaning that Manusmriti has been ignored by makers of the Indian Constitution!

The father of Hindu nationalist politics, V D Savarkar, was quoted by Rahul Gandhi while participating in debate, "The worst thing about the Constitution of India is that there is nothing Indian about it. Manusmriti is that scripture which is most worshippable after Vedas for our Hindu nation and from which our ancient times have become the basis for our culture, customs, thought and practice.”

The crux of the matter comes to the surface when we compare the chief of the drafting committee of Indian Constitution, Ambedkar, and one of the RSS sarsanghchalak, K. Sudarshan. Ambedkar burnt the Manusmiriti and drafted the Indian Constitution. The RSS chief went on to label the Indian Constitution as being “based on Western values” and called for the need to draft the Indian Constitution based on the Hindu Holy book!

The writer is a human rights activist, who taught at IIT Bombay. The views are personal.