From 2014, the Constitution of India has come under meticulous assault. There are several Constitutional matters that have come up in the Supreme Court, at least for hearing, in the recent past. The very fact that such matters are coming up in the Apex Court is a matter of serious concern. There is something rotten! India is on the brink! There are fascist, fundamentalist and fanatical forces at work, determined to take the country back to the ‘dark ages’ of history. At stake are, India’s pluralism, diversity and democratic ethos! ‘Good governance’ is pathetically lacking! Article 19 (which guarantees freedom of speech and expression), Article 21 (the right to life and liberty) Article 25 (which guarantees freedom to preach, practise and propagate one’s religion), for that matter all fundamental rights- are consistently denied to citizens. At the receiving end are the poor and the vulnerable, the marginalised and the minorities, the excluded and the exploited, the Adivasis, the Dalits and the OBCs; the small farmers, the casual workers and migrant workers; women and children; the differently-abled and other sexually-oriented persons; human rights defenders, journalists and all those who take a visible and vocal stand to protect and promote the idea of a democratic, pluralistic, inclusive and secular India!
The ruling regime clearly has a ‘method in their madness’. There is a serious lack of political will to address systemic burning issues which have gripped the nation. There are hurried, biased legislation and prejudiced policies (all designed to decimate the Constitution) which include the National Education Policy, the Citizenship Amendment Act, the anti – conversion laws, the anti-farmer laws, the four anti-worker and pro-corporate labour codes which after a long lull have suddenly become ‘implementable, the Universal Civil Code, the ‘One Nation, One Election’, the Waqf Bill, the Imposition of Hindi as the national language, the delimitation plan, the delisting of tribals /adivasis who have accepted Christianity or Islam. Constitutional bodies like the Election Commission (which is blatantly biased) the Enforcement Directorate, the Central Bureau of Investigation, the National Investigation Agency(NIA), the police and even sections of the judiciary (the new CJI does not have an impressive track –record) are compromised; they have become ‘Caged Parrots’. Corruption has become the new normal, with this regime! First, it was demonetization; then, the scam of the Electoral Bonds. The rich become richer and the poor, poorer!
In the light of the systematic and frequent attacks on the Constitution, it is imperative to revisit post- independent India and be inspired by the vision and commitment to the idea of India by the Constituent Assembly. On 26 November 1949, we the people of India, gave to ourselves a path breaking Constitution; thanks to all the members of our Constituent Assembly, eminent women and men, from every section of India’s society, led by the visionary stalwart, and regarded as the father of our Constitution, Dr. B. R. Ambedkar!
Ambedkar’s final words in the epochal speech in the eve of the adoption of the Constitution (25 November 1949), 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.”
It looks as though, the visionary he was, Ambedkar was actually visioning and speaking of India 2025, when the Constitution is truly at stake! The Constitution guarantees fundamental rights (rooted in the Universal Declaration of Human Rights of 1948) to every single citizen of India; they are based on the four non-negotiable pillars of justice, liberty, equality and fraternity. These fundamentals which are enshrined in the Preamble with the pledge to constitute India into a Sovereign, Socialist, Secular and Democratic Republic; where dignity, unity and integrity are paramount. The promotion and the protection of human rights for all and the respect for pluralism and diversity, is sine qua non for good governance. Sadly, in the past few years we have witnessed the systematic erosion and the destruction of human rights, by those in power.
We must all pledge to fight the fascist, fundamental fanatic forces who are destroying the sanctity of our Constitution. We can no longer sit in our comfort zones; “We, the People of India”, must rise as one people, and ‘reclaim the Constitution.’ The Constitution 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
