Slogan to Save Constitution: Myth and False Narrative

The Constitution of India is unique in its content and spirit. The Constitution of India determines the governance of the country and is considered the supreme law of the country. Today we see leaders waving copies of the Indian Constitution in their hands and they are misleading the public by spreading a false narrative that the Constitution and democracy is in danger. In this situation being an academician it is my responsibility to put real facts before public. During the oath taking of Lok Sabha, members waved copies of the Constitution. The colour of these copies of the Constitution waved inside and outside the Parliament may have been different, but the purpose was the same. That is to maintain the narrative of changing the Constitution. Be it leader of Opposition Rahul Gandhi or Akhilesh Yadav or his other associates, they are still stuck on this narrative. Question arises whether this  present government is tampering the Constitution or Constitution was tampered very much earlier for fulfilling personal ambitions.  

Due to the large number of amendments brought to the Indian Constitution by the 42nd Amenedment Act, it is known as the Mini Constitution because the 42nd Amendment attempted to change the basic structure of the Indian Constitution. The 42nd Amendment 1976 added to the pre-existing major model of the Constitution, thereby changing the definition of India which was given in the Amendment to the Indian Constitution. It made sweeping changes to the Constitution of India, affecting its basic structure fundamental rights and federal balance.  This Act, known as the Constitution Act, is considered one of the most controversial Acts in the history of amendments to the Indian Constitution.

In the preamble, for the words “Sovereign Democratic Republic”, the words “Sovereign Socialist Secular Democratic Republic” were substituted and for the words “Unity of the Nation”, the words Unity and Integrity of the Nation” were substituted. In the Seventh Schedule, five subjects were transferred from the State List to the Concurrent List- education, jungles, weight and measurement, protection of wild animals and birds and administration of justice. 10 fundamental duties for citizens were added in Article 51A. In Parliament, the President was made bound by the advice of the Cabinet; the Centre was allowed to depute the Central forces in the state to deal with controversial situations by law and order (Article 257A). The Speaker of the Lok Sabha and the Prime Minister were given special powers (Article 329A) and the Directive Principles were given priority over fundamental rights and any law made by the Parliament in this regard was kept out of the scope of judicial review by the court. The Judicial review power of the High Courts was curtailed.

The main objective of the 42nd Constitutional Amendment Act is to reduce the power of the Supreme Court and High Courts to validate constitutional laws. The special thing is that this amendment was brought during the emergency imposed by Indira Gandhi and to fulfil personal ambitions was brought for.

Prof Mithilesh Kumar Sinha

Department of Economics

Nagaland University, Lumami