It was ‘Constitution Day’ once again on 26 November, as the nation remembered with profound gratitude the day in 1949, on which the Constituent Assembly ‘adopted, enacted and gave to ourselves’ a meaningful Constitution. The day was also a reminder that ‘Constitution Day’ for the citizens of India cannot be relegated to just one day- it has to be observed every single day; and secondly, the Constitution belongs to ‘we, the people of India’ and we should never allow it to be desecrated by anyone at any time!
Setting the tone for the day, was a momentous address delivered by the Chief Justice of India, DY Chandrachud in the Supreme Court of India. CJI Chandrachud who took over the reins of the Apex Court just a couple of weeks earlier began his address by stating that the Constitution of India was a social contract between those historically in power and those who had been marginalised. Highlighting the need to enhance the representation of marginalised communities in the legal profession, he said, “The story of the Indian constitution is not just a story of legal text but is a story of human struggles and sacrifices, on undoing the injustices against the marginalised communities of society– the women, the Dalits and the disabled. The marginalised were the first to bring ideas or equality and liberty in the Indian law. The first wave of resistance against colonial power came from indigenous communities.”
He went on to add that, “It is essential that the judiciary reaches out to the people and not to expect the people to reach out to the judiciary. The infrastructure of technology must not be dismantled. Though the Supreme Court is located at Tilak Marg, it is the Supreme Court for the entire nation. The virtual access has made it possible for lawyers to argue cases from their own places. As a CJI, I am looking to adopt technology in listing of cases and court hearings, which will help to weed out institutional flaws such as delay in listing and hearing.” In doing so, he gave a clearly direction to the judiciary and of course reiterated the fact that the Constitution belongs to ‘we the people of India!’
There are several other efforts being made to tamper with the Constitution, to negate its essence (justice, liberty, equality and fraternity) and to destroy some of the key dimensions of its democratic framework (sovereign, secular socialist). which are deeply interwoven into the pluralistic fabric of Indian society. The current BJP/RSS combine, including some of their ministers and leading functionaries have often gone on record saying that once they have the pre-requisite numbers in Parliament, they will have no qualms of conscience to change fundamentals of the Constitution like that of ‘secularism’ and equal rights for all. There are consistent proclamations for the establishment of a ‘Hindu State’ by 2025(the centenary of the RSS); the annihilation of the minorities particularly the Muslims and Christians; ‘lynching’ of minorities is the ‘new normal’. There is talk of a ‘Common Civil Code’, of a national anti-conversion law and that the rights of the minorities guaranteed in the Constitution should be scrapped immediately! There is the anti-Constitutional Citizenship Amendment Act; the abrogation of Articles 370 and 35A where Kashmir is concerned.; labour codes which favour the corporates; thanks to the farmers agitation, the anti-farmer policies, are for the time being, in cold storage. The proposed Adani port in Vizhinjam Kerala will affect the livelihood of more than 56,000 fisher folk! The Unlawful Activities Prevention Act (UAPA) is used selectively to target dissenters and human rights defenders who stand up for truth and justice on behalf of the exploited and excluded of the country! Governors of States, instead of safe-guarding the Constitution have begun ‘yes-men’ of the regime! The list of anti-Constitutional policies and acts are endless!
Ambedkar added, “Will history repeat itself? It is this thought, which fills me with anxiety. This anxiety is deepened by the realisation of the fact that in addition to our old enemies in the form of castes and creeds, we are going to have many political parties with diverse and opposing political creeds. Will Indians place the country above their creed or above their country?
Ambedkar’s final words in that path breaking speech, sums up his views on the measure of responsibility owed to preserve the idea of India, as envisioned in the Constitution. “If we wish to preserve the Constitution in which we have sought to enshrine the principle of Government of the people, for the people and by the people, let us resolve not to be tardy in the recognition of the evils that lie across our path and which induce people to prefer Government for the people to Government by the people, nor to be weak in our initiative to remove them. . That is the only way to serve the country. I know of no better.”
“We, the People of India”, must pledge to and actually fight the fascist and fundamental forces who are destroying the sanctity of our Constitution. We can no longer sit in silence and in our comfort zones; we must rise as one people: our Constitution is all that matters; it belongs to us! In the words of Ambedkar “we are determined to defend it with the last drop of our blood”!

Fr. Cedric Prakash SJ