Journey of the Indian Constitution: 75 yrs and Counting
Constitution of India, a Political Tool for Some
On 13 Dec 24 Lok Sabha took-up discussion on the Indian Constitution as part of Constitution day being observed as a mark to pay respect to the martyrs of Parliamentary attack by the Islamic terrorists of Pakistan along with some anti-nationals of India. This debate acquired a special significance because in the run-up to 2024 Lok Sabha elections, the then opposition parties had raised a loud dis-information campaign that BJP-led National Democratic Alliance (NDA) was trying to kill the very ethos of the Constitution of India (read “Rahul Gandhi: The best in fabricating lies and dis-information”, https://thecounterviews.in/articles/rahul-gandhi-the-best-in-fabricating-lies-and-disinformation/). It is unfortunate that individual and group wisdom eludes a significant numbers of Indian voters who succumb to such political ill-wills of politicians like Rahul Gandhi.
Riding on the success of lies and dis-information, Rahul Gandhi has recently given a call for ‘Caste Census’ although there is a dichotomy in it. His Congress ruled state Karnataka had done a caste census BUT his govt is highly reluctant to make it public. Actually this naïve child in politics doesn’t know what to do with that census. He intends to provide various reservations based on this census with a narrative of “जिसकी जितनी आबादी, उसका उतना हक़” I Unfortunately, he was uttering all these waving a hand book of the Indian Constitution in his hand during 2024 Lok Sabha election campaigns. This approach will not only being mediocrity in public offices but also start a new frontier of hate politics. Sooner, there will be a time where merit will have no meaning and the state will be a true representation of old riddle “अंधेर नगरी चौपट राजा, टके सेर भाजी टके सेर खाजा"I Surely, Rahul Gandhi led Congress and their group of I.N.D.I.A is taking the nation downhill. The very ethos of the Constitution of India is in grave danger with opponents of NDA govt lining up for caste census and thereafter providing reservations based on it.
Was Ambedkar the Father of Indian Constitution?
Constitution of India adopted on 26 Jan 1950 is celebrated in the nation as ‘Republic Day’ every year on this day with much fan-fare. It had taken approx 3 years to draft, revise, amend, finalise and pass the final draft by voting and signing by all members of the Committee on 24 Jan 1950 before being adopted. All know Dr BR Ambedkar as architect of the constitution but very few of us know the name of the person who had prepared the first draft. That was Mr BN Rau, the first advisor to the Constituent Assembly.
The framing and approval of the Constitution of India was completed in 10 stages as enumerated in the text box before being adopted on 26 Jan 1950.
A Derailed Parliamentary Debate
While the debate in the Indian Parliament was with an objective of “Role of the Constitution of India in its march of 75 yrs”, almost all political parties tried their best to deliver a knock-out political punches on the opponents…almost like a free for all. The debate concluded with PM Modi’s reply that sealed the lips of Congress-led opposition parties that turned out to be the main villain causing dis-respect and discredit to the Constitution of India.
In the parliamentary discussion extending to nearly 12 hours over two days by many distinguished law makers, it was expected that they will debate constructively for the betterment of the Constitution but by and large, all ended up pointing fingers on each other and holding Congress party for creating the worst Constitutional Crisis during 1975 ‘Declaration of Emergency’ when all fundamental rights were put in limbo. That was really the black day in the history of the Indian Constitution.
There is no doubt that Constitution of India is the guiding principles of governance in the largest democracy in the world often categorized as “Mother of all Democracies”. However, it is no secret that with over 105 amendments and having drafted and adopted 75 yrs ago, many experts in different fields feel that the Constitution of India is lagging behind in fulfilling the aspirations of the modern-day tech-savy citizens who have not had the best results of the 75 yrs of governance in accordance with the present constitution. Undoubtedly, India has not fully come out of the many ills in its multi-ethnic and pleural societies. In addition, few provisions enacted through constitutional amendments, have made it a ‘Holy cow’ that any governing political party is highly reluctant to touch upon. These primarily include incorporation of religion specific ‘personal law’, provisioning of reservation in jobs, freedom of religion causing anomaly in the religious demography in India among some others. Surely, there is an urgent need to review some of these provisions if India has to remain secular and be made prosperous. There are serious dichotomy in religious behaviour. While a Muslim can remain fearless in a Hindu dominant society, a Hindu family’s life will be miserable in a Muslim dominant society (read “Muslim Behaviour in non-Islamic Nations”, https://thecounterviews.in/articles/muslim-behaviour-in-non-islamic-nations/).
The maximum bone of contention is that Congress party who ruled the nation for nearly six decades out of the 75 years, have enacted certain highly controversial laws like ‘Constitution and powers of Waqf Board, places of worship act’ in the name of freedom of religion as a tool of appeasement politics that is causing major heartburns among the Hindu majority. Some provisions in the name of freedom of religion is causing significant changes in the religious demography of India. Indian Constitution doesn’t know that there is only one nation in the world where Hindus can live with reasonable pride and that is India. If Muslims become majority at the sub-divisional, districts or state levels, non-Muslims in all probabilities will be subjected to persecution and finally have to flee as apparent in many parts of J&K, Assam, Bengal, Kerala and UP. Somehow, constitution has not been sensitized that Islam is an intolerant faith and cannot remain at par with peace-loving Hinduism/Jainism or Buddhism. Even Supreme court is reluctant to take note of these anomalies (read “Gross Fundamental Rights Violations in Many Verses of Quran”, https://thecounterviews.in/articles/gross-fundamental-rights-violations-in-many-verses-of-quran/). This cannot be rectified unless the Constitution is amended to prevent changes in the religious demography.
Indian Constitution a Holy Cow ?
Indian Constitution is reasonably a good document as a guide for the governance. Having been drafted even before Indian independence, various bodies possibly approached half-heartedly, not with full zeal. Three years of efforts by a large team finalizing a document some part of which (like Fundamental & Human Rights) were borrowed from the UN draft declaration in 1946, can best be termed as ‘not so intelligent approach’. Yet the document having had 106 amendments, points out it being average, with many lacunae in it. Another anomaly that the provisions of various articles of the Constitution of India have not met the aspirations of large sections of people even in 75 yrs of its coming into force, shows that it is lacking both in vision as well as applications. It is surely not a masterpiece. It didn’t deserve to be marched on elephant creating an optics of fanfare procession that the then Chief Minister of Gujarat did on 24 Jan 2010, possibly to please the electorates of backward classes.
Since framing of Constitution was headed by Ambedkar, a backward class politician, any talk of change in constitution is wrongly stirred by politicians to incite backward class voters and thus, it becomes a ‘holy cow’ that none dares to touch. Caste divisions in the Constitution itself sows the seeds of discrimination among Hindus hence, there is a need to amend it to get rid of it. If untouchability could be banned and effected in diverse societies, caste discriminations too could be banned with the help of community leaders and clerics. Employment-based caste categories have been inherent among Hindus since Vedic period. It was much exaggerated during Islamic rule and continued in British period too. Thereafter, it remains as a dark blot on the face of India.
By now when all sections of Hindu society have been uplifted reasonably in 75 yrs after independence, it may be the time to radically amend constitution of any type of caste discrimination. Although many political parties mock Nehru or Rajiv Gandhi for their stances on reservations, it is a sad fact that caste-based reservations in education and jobs esp at higher levels, bring mediocrity and inefficiency that it is amply visible in the government offices today although there are many exceptions too…BUT…exceptions can never be rule.
Sooner than later, whether by the present generation or the next, Constitution of India will need a substantial revision to meet the aspiration of its people on the sensitive issues of caste discrimination, reservation in govt jobs at higher levels, giving priority to the meritorious people in skilled jobs and preventing change in religious demography of India among many other issues. As long as the Constitution remains holy cow, India, Indians and its democracy will suffer.
Respect to Indian constitution and Ambedkar
There is a political slugfest going on between Congress-led I.N.D.I.A and BJP-led NDA blocks as to who respect or dis-respect the Constitution. Rahul Gandhi is the present-day champion of fabricating political lies in which his arbitrary inventions of newer lies have repeatedly cornered BJP-led NDA in several elections. In 2018 state elections his lie of “Chowkidar Chor Hai” won him three states. In 2024 Lok-Sabha election, his fabricated lies of “BJP wants to change Constitution, BJP will take away reservations, BJP is anti-OBC/anti-Dalit/anti-Muslim etc etc” did inflict a significant blow to NDA. Come a new round of election, this shrewd politician, who is no longer a Pappu (read “Rahul Gandhi: No Longer a Pappu”, https://thecounterviews.in/articles/rahul-gandhi-no-longer-a-pappu/), will be ready with another set of lies that BJP will find difficult to counter in time before the polls. Like a thief, his crooked mind is always ahead of police; BJP govt in the present context. Answering to the motion in the parliament, PM Modi was quick to unravel Congress Lies BUT by that time, BJP-led NDA was already given a blow.
It is clear Congress has seldom paid respect to Indian Constitution or Dr Ambedkar right from Nehru’s time. Forfeiture of ‘Fundamental Rights’ during emergency in 1975 is one such example. As PM Modi counted in his reply in Lok Sabha, there is a long list of Constitutional impropriety committed by Congress since adopting the Constitution till now. On the contrary, opposition parties of India keep leveling false and unsubstantiated allegations of ‘violation of Constitutional provisions’ against BJP-led govt.
As far as Ambedkar is concerned, he doesn’t deserve the Godly status that greedy politicians and the backward class citizens have given him. Surely he and his team had done excellent work in drafting a constitution that was adopted BUT it is no extraordinary or sacred piece of document. It has many lacunae and hasn’t been able to uplift all sections of people. His family/kins feel it an honour that “Bharat Ratna” has been bestowed on him. Present Constitution of India surely needs to be amended sooner than later if demographic fall of Hindu populace have to be prevented, their caste discriminations have to be removed and aspirations of larger sections of people of next generations are to be fulfilled. There should be no doubt in anyone’s mind that if the present trend of cancerous proliferations of Muslims continue, future generations of Hindus will be wiped out from India too.
The Bottom Lines
The Constitution of India drafted nearly eight decades back, even before independence, has guided the lawmakers, judiciary and the executives towards fair governance. Since Ambedkar headed the team along with many others to finalise and adopt the Constitution, it is improper to give him all credits and make him a Godly figure whom some backward classes have started worshiping. It is wrong. In addition, ‘backward class’ vote bank politics has been compelling politicians to indulge in illogical theatrics in showing arbitrarily exaggerated allegiance towards Ambedkar to ‘larger than life’ size; and projecting the Constitution of India as a sacred document which is untrue. This document is average at best, having many lacunae, failing to uplift the lives of the weaker sections of people in >75 yrs of its being. In addition, India being the only nation where Hindus originated and live, there must be a constitutional provision to prevent any downward change in their religious demography. There is also a need to abolish caste discrimination as well as discourage ‘vote bank politics’ on them. The Constitution of India cannot become a ‘holy cow’ that even elected parliamentarians should be scared of to change for the fulfilment of the aspirations of larger sections of people. Today, when PM Modi is trying to take the nation forward, to the status of a Developed nations, the opposition political parties are able to scuttle his effort using the Constitution od India as a crutch.