Modi’s I-Day Speech Out of Tune With People’s Resolve to Save Constitution

Prime Minister Narendra Modi’s address to the nation from the ramparts of the Red Fort on the occasion of the 78th anniversary of our Independence, to say the least, was lacklustre. He talked in a routine manner about the Bharatiya Janata Party’s agenda of ‘One Nation, One Election’ and a so- called ‘secular civil code’ applicable to all communities. He repeated that agenda without seriously applying his mind to the feasibility of its implementation.

Out of Tune with People’s Issues

The people are more exercised by the unprecedented unemployment crisis, back-breaking inflation and the bleak future of youth who cannot even face an examination with assured feeling that question papers would not be leaked. For them, a Uniform Civil Code and ‘One Nation, One Election’ are not priority issues.

The recent CSDS-Lokniti survey brought to the public domain the people’s overriding concerns caused by mounting challenges to their livelihood because of lack of unemployment opportunities. A Prime Minister not tuned to the problems of people and talking about a ‘unform civil code’ (UCC) and ‘One Nation, One Election’ is indicative of the loss of his stature as a self-assured leader.

UCC: Views of Ambedkar’s and Law Commission

It is rather strange that Modi talked about UCC in complete disregard to the views of the 21st Law Commission, which stated that such a code was neither necessary nor desirable. It stated that the discriminatory provisions in personal laws should be dealt with suitably so that those are reframed and made compatible with the ideals of the Constitution and gender equality.

So, Modi flagging the civil code issue in his Independence Day speech in complete disregard of the Law Commission’s report, signals that his government would target the minorities, especially Muslims, who are extremely sensitive about protecting their personal laws.

The PM must be mindful of the fact that his eagerness to push for a civil code for all Indians must be tempered by the vision of B R Ambedkar. While replying to the discussion, on December 2, 1948, in the Constituent Assembly on Article 13 of the draft Constitution dealing with the fundamental right to profess any faith referred to apprehensions of Muslims on UCC, Ambedkar said, “No government can exercise its power in such a manner as to provoke the Muslim community to rise in rebellion. I think it would be a mad government if it did so”. The issue was elaborated upon in this writer’s article in NewsClick, “What Ambedkar Really Said About Uniform Civil Code” published on December 13, 2022.

Modi, who often accuses Congress of not showing respect to Ambedkar, is actually trampling upon his vision by recklessly talking about the necessity of UCC without factoring in his views.

Saving the Constitution and ‘One Nation, One Election’

Same is the case with the issue concerning ‘One Nation, One Election’. It involves a series of amendments to the Constitution and possibly such attempts to alter it would gravely impair its basic structure, which cannot be amended by Parliament.

Modi should be mindful that the people in the 18th general elections made saving the Constitution an electoral issue and deprived BJP of a majority in the Lok Sabha. So, instead of assuring the people that the Constitution would be saved and protected, the PM talking abbot ‘One Nation, One Election’ indicates an intention of fiddling with the basic structure of the Constitution.

Bangladesh People Want Anti-Communal Constitution

Modi also spoke about the protection of Hindus and minorities in Bangladesh following the turmoil that country after former Prime Minister Sheikh Hasina fled following a massive students’ protest. In doing so, he was speaking like a BJP leader and not the Prime Minister of India.

It is worth mentioning that when calls for genocide of Muslims in India and their social and economic boycott were  issued by several religious parliaments (Dharm Sansads) attended by BJP leaders and legislators, Modi did not utter a word against such calls. Therefore, his concern for minorities, especially of Bangladesh, gives an impression that he is attempting to gain partisan objectives in India, primarily for electoral purposes.

A Prime Minister saying so on Independence Day, in fact, negates the vision that India’s liberation from British colonial rule would mean unchaining of peoples across the world, regardless of their faith or nationality, from all kinds of oppression.

Modi should also have been mindful of the fact that countrywide protests of students in Bangladesh erupted because elections conducted there were not free and fair and they persuasively believed that Sheikh Hasina had rigged the polls and suppressed dissent and freedom of expression. He should have taken note of the extraordinary demand of all citizens of Bangladesh that they deserved a Constitution, to be framed by a Constituent Assembly, which would be anti-communal, anti-discriminatory and ensure conduct of free and fair elections.

Such aspirations of the people of Bangladesh resonate in India, where the reports by Vote for Democracy and Association for Democratic Reforms have pointed out, based on Election Commission of India data, that the 18th   general elections were not conducted freely and fairly.  

People Cherish Constitution and Constitutional Vision

Regardless of what the Prime Minister says from the ramparts of the Red Fort on 78th anniversary of our Independence, people are now in the forefront to defend their freedom and constitutional vision of India. As many as 79% of people surveyed by CSDS and Lokniti affirmed that India belonged not just to the Hindus but all faiths. Therefore, Modi trying to polarise people through his I-Day speech by invoking the UCC and exhorting protection of Hindus and minorities in Bangladesh, would not gain much traction. What people cherish is the Constitution and the constitutional vision of India, which will triumph over all polarising and divisive narratives.

The writer served as Officer on Special Duty to President of India K R Narayanan. The views are personal.