The Glorious Journey of 75 Years of The Constitution of India

Extracts of the Speeches during the discussion on 75 years of the Indian Constitution in Rajya Sabha and Lok Sabha in this winter session.

Rajya Sabha

THE LEADER OF THE OPPOSITION (SHRI MALLIKARJUN KHARGE): Today is the Independence Day of Bangladesh. On this day, our brave leader Shrimati Indira Gandhi saved this country by dividing Pakistan into two parts, liberating Bangladesh and capturing one lakh Pakistani soldiers, which increased the pride of this country in the whole world. Today there is chaos in Bangladesh, so the Indian Government should try to save the minorities there. The people who are ruling under this Constitution are raising objections to the things written in the Preamble of the Constitution. So, you only should think whether they are in favour of the Constitution or against it. We have accepted the principles of sovereign, socialist, secular, justice, freedom, equality, fraternity etc. in the Preamble of the Constitution. When we have accepted these principles, then we should also follow them. You had intended that the Constitution should be drafted under the ‘Manusmriti’. This was the intention of Jansangh and RSS and you talk about socialism! On the day the Constitution was implemented, effigies of Baba Saheb Ambedkar, Jawaharlal Nehru ji and Mahatma Gandhi ji were burnt in Ramlila Maidan. They abused Nehru ji and Indira ji and even the entire Gandhi family. You should be ashamed. You go through the history. After going through the debates of the Constituent Assembly, after the drafting of the Constitution was over, you should see what kind of things you people have said about the Constitution. Scheduled castes, scheduled tribes and women are being subjected to atrocities everywhere today. First resolve these problems. Improve your governance before preaching us wisdom. First of all, I pay tribute to those great heroes who dreamt of an egalitarian India. The idea of drafting of the Constitution was born during the freedom struggle itself. It is deeply connected with the history of the Congress. In 1931, in the Karachi session of Congress chaired by Sardar Patel, Jawaharlal Nehru ji had moved a proposal on Fundamental Rights and economic policy, which was passed. This Constitution was not drafted just like that, it was born out of a movement, it was born out of the freedom struggle and Nehru Ji had made the demand for a Constituent Assembly the central issue of the 1937 elections.

Equality, freedom, fraternity, love and justice are important for us, these few words are in our Constitution, and we all have accepted them. The whole country knows that in 1949, RSS leaders opposed the Constitution of India because it was not based on ‘Manusmriti’. ‘Organiser’, the RSS mouthpiece, wrote this in its editorial in its November 30, 1949 issue. Neither did they accept the Constitution, nor did they accept the tricolour flag. That is why, for the first time on January 26, 2002, the tricolour had to be hoisted at the RSS headquarters on the orders of the court. Our Constitution makes every person in India powerful. It is the voice of the poor and the weak; it is the moral guide for Government; there is no scope for discrimination on the basis of caste, creed, gender or economic status, but the Constitution is under threat. To preserve it for future generations, we will have to remain constantly vigilant and cautious, because we do not know when their intentions change. The people who founded their party 70 years ago and their main supporter, RSS, all of them have been speaking against it, but at least now the people of the country have given them the wisdom to keep the country safe and united. So, on your behalf, I thank them for their changing policies and the respect they are giving to the Constitution, the flag, and the people of the country. When many powerful countries did not have universal adult franchise, women did not have the right to vote, then if anyone gave the right of universal adult franchise to everyone including women in India, it was Congress, it was the Constitution. During the 1951-52 elections, The ‘Organiser’ wrote against universal adult franchise. It said about adult suffrage in 1951-52 that “Pandit Nehru would live to confess the failure of universal adult franchise in India”. Under universal adult franchise, women, Shudras, poor people got the right to vote. If anyone opposed this, it was the RSS people, these people of Jansangh, and today they teach us a lesson!I want to say that all the good things said by Pandit Jawaharlal Nehru, Gandhiji and other leaders were cut and pasted secretly. Whatever seemed good, we read it. I do not want to comment here on what our Prime Minister said in the Lok Sabha. Mr. PM either lives in the past or in the world of imagination. It seems that the present is not in his dictionary. It would have been better if he had told us what work he has done in 11 years that has strengthened our Democracy and Constitution. Be it demonetization or anything else, he talked about ending everything. He crushed the poor, economically. Such people are teaching us that they have strengthened the economy. If land reforms had not come, banks had not been nationalized, Food Security Act had not come, NREGA had not come, the poor would have continued to die today. The support you got during Covid was from NREGA, it was from Food Security Act and the education that children are getting today under Compulsory Education Act is work. The Prime Minister also said that in 1951 when there was no elected government, Nehru ji amended the Constitution by bringing an ordinance. These are his own words. The Prime Minister perhaps forgot that the first amendment to the Constitution was made by the Interim Parliament, whose members were members of the Constituent Assembly, and it included Shyama Prasad Mukherjee ji also. This amendment was made so that reservation could be given to the backward castes and the zamindari system could be abolished. I want to tell the House that during that time, the Supreme Court had rejected the reservation decision of the Madras State in the case of Madras State vs Champakam Dorairajan. At that time Article 15(4) came into force. You blame Nehru ji for doing this. This was the suggestion of Baba Saheb Dr. Ambedkar ji, it was the suggestion of Sardar Vallabhbhai Patel ji. He said that this is land reform and was later added to the 9th Schedule. The intention behind this was that Scheduled Castes, Scheduled Tribes and Other Backward Classes could get reservation in education and employment. The third aspect of this amendment was also to stop communal propaganda. Sardar Patel ji had written a detailed letter to Pandit Jawaharlal Nehru on July 3, 1950, and said that constitutional amendment was the only solution to the problem.

If Pandit Jawaharlal Nehru Ji brought about amendments to protect their reservation, to give them rights, getting land ownership rights, do they have objection to land reforms for which they were fighting on behalf of the poor, are they angry with Sardar Patel Ji?

The Defence Minister, while speaking in the Lok Sabha, had taken a dig at the Congress over the credit for the making of the Constitution, whereas Baba Saheb Ambedkar himself had given the credit to the Congress. The Congress had an overwhelming majority in the Constituent Assembly. Baba Saheb Ambedkar was elected the Chairman of the Drafting Committee. Baba Saheb himself said in his speech of 25 November, 1950, that he was very surprised when the Drafting Committee elected him as its Chairman, as there were many people in the Committee who were older than him, better than him, and more capable than him. When the tricolour was accepted in the Constitution, when the Constitution was adopted, then the Jan Sangh, Hindu Mahasabha and RSS people went to the Mumbai Railway Station and showed the saffron flag. Then Baba Saheb Ambedkar said, ‘Have I come to see this saffron flag? My flag is different - the tricolor flag and this will remain the flag of the country. Baba Saheb Ambedkar himself had said that the honour I have received is because of the Congress. I could do this work smoothly because of the Congress.

Nehru ji laid the foundation of ‘Modern India’. Shastri ji laid the foundation of the ‘Green Revolution’. Indira ji made the country nuclear power, gave a 20-point program for social justice and nationalized the banks. Rajiv ji brought the communication revolution and laid the foundation for Panchayati Raj and local bodies, which was given concrete shape by Narasimha Rao ji through the 73rd and 74th Constitutional Amendments.

The reservation women are getting today is because of Congress. It was Congress that brought the Act in this regard. History cannot be changed by the baseless statements of the Prime Minister. What is true is true and what is false is false. We do not follow the policy of fake statistics. Under Article 15 of the Constitution, discrimination on the basis of religion, race, caste, sex or place of birth has been prohibited. But what is happening today, everyone knows. Indira Gandhi ji considered challenge as challenge, because she brought the 42nd amendment, under which socialism and secularism were added to the preamble and through Article 51A fundamental duties were added. The Supreme Court has considered socialism and secularism as part of the basic structure of the Constitution, and it has been justified in decisions after decisions.

Under the constitutional provision, the Congress Party demanded caste census in the country so that a strategy could be made for the betterment of the weaker sections of the society. That is why this demand of ours is not to please anyone. Dr. Baba Saheb Ambedkar had warned about the coming challenges in the Constituent Assembly itself. The poor are becoming poorer and the rich are becoming richer. 5 percent of the people of this country have 62 percent of the wealth. Violence and unrest continue in Manipur. But in one and a half years, Modi ji did not get time to take stock of the situation in Manipur while he is roaming around the whole country and the world. He goes everywhere for elections too. We have kept this country united. Vallabhbhai Patel ji united this country which was divided into more than 500 princely states. The people you are beating drums for and singing their praises today, want to take them towards dictatorship and they are ready to become dictator. That is why, I will request you that this democracy should not run under dictatorship. All of us who believe in the Constitution today,

DR. SYED NASEER HUSSAIN: The ruling party had objections to the 42nd Amendment. Adding socialism and secularism to the Preamble and including Fundamental Duties in the Constitution was highly objectionable to them. I want to ask them, what is the socialist form of society? Do you have an objection to reservation in government and public sector undertakings? Do you have an objection to giving land to the poor? Don’t you want the poor to get the right to live with dignity, their children to get the right to good education? Don’t you want the poor and the labourers to get work in MNREGA or ration under the Food Security Act? Between the adoption of Constitution in 1949 and 2014, there were 98 constitutional Amendments. In that period, several pieces of legislation were enacted, which significantly expanded the rights of average citizens. These were, unapologetically and uniformly, in the larger service of the Indian people unlike the amendments and laws brought by the Modi Government for their own political and personal advancement. The Prime Minister invoked 11 resolutions, in which he talked about zero tolerance towards corruption. If this is all, then why was a JPC not formed on the Adani and Rafale scams, why was there no investigation on electoral bonds, Pegasus? Our Constitution guarantees equality and justice through its foundational principles. Article 14 ensures equality, Article 15 prohibits discrimination, Articles 25 and 26 guarantee freedom to practice and propagate religion and freedom to manage religious affairs, Articles 29 and 30 protect the cultural and educational rights of minorities. The subject of minority rights is germane to every country that calls itself a civilized nation. What kind of atmosphere prevails in India today? Today we are rapidly becoming a minority-hating nation. It is alleged that the Constitution is influenced by Sharia but in reality not only Waqf Board and Madrasa Board have been formed in the country but along with this, religious endowment Acts have been made for different communities, temple trusts have been formed in different states, religious places acts have been made. In this way, it is not made only for Muslims. They should stop spreading confusion and making the country directionless. This dangerous politics of polarization will not continue. An environment of hatred and fear is being created.

Lok Sabha

SHRIMATI PRIYANKA GANDHI VADRA: There has been a culture of dialogue, debate and discussion embedded in different religions as well. Our freedom struggle was a unique movement in the world, which was based on non-violence and truth. Our Constitution is not just a document, but the result of years of hard work of leaders of that time, including Dr. B.R. Ambedkar, Maulana Abul Kalam Azad, Rajagopalachari, and Jawaharlal Nehru. This Constitution gave every citizen the right to elect and change the Government. It instils the belief that they have a share in the resources of this country, and the right to hope for a secure future. It also ensures their participation in nation-building. Our Constitution has been our guide in the course of crores of our countrymen’s struggle for the recognition of their rights even in the toughest of the circumstances confronting them in pursuit of seeking justice from the country with indomitable courage. Our Constitution is a security cover that keeps the countrymen insulated. The Constitution guarantees social, economic, and political justice. The power that be is making the provision of reservation weak by allowing lateral entry and through the espousal of privatization. People expect Parliament to discuss inflation and unemployment, find solutions, and create a way forward. Governments cannot be formed without the power of women, which is why today you talk of women’s empowerment. Today, the people demand a caste-based census. This census is necessary so that we can understand the situation of each community and make policies accordingly. Our Constitution laid the foundation of economic justice and distributed land to farmers and the poor. For 75 years, the people have believed that policies will be made for their welfare. The UPA Governments provided the Right to Education and the Right to Food. Amendments to land laws were made for the benefit of the people. The Constitution equipped women with the right to vote. However, this Government is breaking the shield of economic justice. To save one individual, the voices of 142 crore citizens are being ignored. The people have always held the conviction and belief that the Constitution will protect them. The Constitution provided a shield of unity, but now that shield is being shattered. The Constitution of India is not a federal law. Our Constitution says that this country is one and will remain one.

SHRI SUKHJINDER SINGH RANDHAWA: If there is anyone who has played the most crucial role in independence, it is Punjabis. Out of the 121 men awarded capital punishment, 90 are Punjabis and 80% of those who had been incarcerated were Punjabis. Baba Sohan Singh Bhakna of Punjab first went there in 1914. He was tortured there for 6 years. After 6 years, he was martyred there. The first martyrdom of Kala Pani was that of Baba Sohan Singh Bhakna. Kartar Singh Sarabha, Shaheed Udham Singh, Madan Lal Dhingra and Sardar Bhagat Singh are remembered not only in India but across the world. Because of these people, today we in India are breathing in freedom. The people of Punjab have filled the country’s granaries. But what is the condition of farmers in Punjab today? We consider them as traitors, they are sitting on the border, they are not being allowed to come to the capital of the country.

SHRI HIBI EDEN: The Indian National Congress has always been committed to the idea of the Constitution. It must be noted that the Poorna Swaraj Resolution was passed in 1929. In June 1934, the Indian National Congress, for the first time formally and officially demanded an Indian Constituent Assembly for framing the Constitution of India. Accordingly, the movement towards framing the Constitution of independent India was conceptualized and initiated by the Congress Party. The RSS always advocated for the enactment of Manusmriti in India, so that the caste and the class-based differences can continue to exist in India. There were 15 women in the Constituent Assembly. In the 17thLok Sabha, there was the 126th Constitutional Amendment which was for extending the reservation to the Scheduled Castes and Scheduled Tribes. The secular fabric of this country has to be protected. It is included in the Preamble.

The Leader of Opposition (Lok Sabha) SHRI RAHUL GANDHI: Our Constitution is referred to as the longest written Constitution in the world. It contains one central philosophical set of ideas of our nation. Those ideas have come from old, profound traditions of this country. It is a document of modern India, but it could never have been written without ancient India and her ideas. When the Government gives everything including Dharavi, the ports, airports, and the defence industry to one businessman, the Government strips the youth, backwards, the poor, and Dharavi-based entrepreneurs and all those engaged in small and medium businesses carrying out their work with rectitude and honesty off their inherent potential as Dronacharya did to Eklavya. Whenever there is an incidence of paper leak, the career prospects of the youth of the country become uncertain. Nowhere in the Constitution is it written that there should be a monopoly, there should be paper leaks, there should be Agniveers. It is not written in the Constitution that the key strength of the youth is snatched away from them. Their skills should be taken away from them. Ambedkar ji had said that if political equality is in place and social and economic equality, is not there, political equality will be destroyed. Today there is no political equality, all the institutions of India have been captured. There is no social equality, there is no financial and economic equality.

KUMARI SELJA: The most sacrosanct document is our Constitution. It not only protects us but also guides us in our quest for justice and equality. As we are celebrating the 75th Anniversary of Samvidhan Diwas, We have to live our Constitution every single day of our life. But today, it has become the order of the day to first demolish the Constitution and then try to resurrect it. It has also become the order of the day by the ruling disposition to diminish some of our Founding Fathers. Who can deny the role of Pandit Jawaharlal Nehru? We believe in our different religions. We all have our own religious books and texts. The Constitution is the greatest scripture for an independent country. Why are we forgetting our civilization? You don’t talk about connecting. Sometimes you talk about dividing in the name of religion, sometimes you talk about dividing in the name of caste. You need to unite the country. Don’t forget what is happening in Manipur. What is happening in Sambhal? We should not forget that dissidence is the essence of democracy. We should listen to each other. Parliament is the biggest temple and the biggest panchayat. When atrocities are committed against Minorities, Dalits, Scheduled Tribes, and Women, should we not stand up and speak? I would suggest that one should stand up as often as there is tyranny, in every legislature, and count at the end of the year how many times we are standing up for the people in this country. Today, we talk about Dalits and equal opportunities. You have eliminated equal opportunities. When it comes to caste census, why does the Government think it is wrong? The border of Haryana-Punjab has been made to look like the India-Pakistan border. The farmers are sitting on fast. They are on the verge of collapse but the Government is backtracking on its promise. The Government had promised to give legal status to MSP, but where did that law go?