Is India's Constitution Under Threat from BJP?
Amidst debates surrounding the Bharatiya Janata Party (BJP) and its stance on the Indian Constitution, the question arises: is the Indian Constitution under threat? This article delves into the concerns, historical context, and the constitutional framework regarding amendments to the Indian Constitution, shedding light on the implications for the nation.
The Condemnation of India's Constitution
The Indian Constitution is celebrated for its principles of justice, liberty, and fraternity. However, certain factions within the BJP, particularly the Rashtriya Swayamsevak Sangh (RSS), have expressed concerns about these very principles. According to the RSS, the Constitution needs to be revisited because many of the laws are based on foreign influences rather than the Bhartiya ethos of its founding fathers.
BJP's Stance on Constitutional Change
Recent statements by BJP members, such as Anant Hegde, a member of parliament from Karnataka, indicate a desire to change the nature of the Indian Constitution. Hegde expressed a need for a two-thirds majority in the Lok Sabha (lower house of Parliament) to address the constitution's shortcomings and place Hinduism at the forefront.
Arguments for Constitutional Change
Factions within the BJP argue that a few amendments are insufficient. They advocate for a complete overhaul of the Indian Constitution, suggesting a return to the first principles of the preamble. Bibek Debroy, a member of the Prime Minister's Economic Advisory Council, proposed that the socialist, secular, democratic, justice, liberty, and equality mentioned in the preamble should be redefined in light of the present times.
Constitutional Framework and Basic Features
Amending the Indian Constitution is a complex process. It requires a two-thirds majority in the Lok Sabha and a majority in the Rajya Sabha (upper house of Parliament). In addition, certain provisions of the Constitution are protected under a landmark Supreme Court judgment, Kesavananda Bharati v. State of Kerala, which holds that the Constitution's basic features cannot be altered through amendments.
Impact on Future Constituent Assembly
To draft a new constitution from scratch, a new Constituent Assembly would need to be constituted, a process that is arduous and time-consuming. Given the lifecycle of the next Lok Sabha, it would be challenging to complete this task in a single term. Therefore, any substantial changes would require a constitutional amendment, a process that is protected by the aforementioned basic features.
Conclusion
The debate over the Indian Constitution's potential changes is significant, especially under BJP's influence. While some advocate for reforms, it is crucial to understand the constitutional framework and the challenges involved in altering the fundamental structure of the Constitution. Indians need to be vigilant and engage in informed discourse to safeguard the principles of justice, liberty, and fraternity enshrined in the Constitution.
By maintaining a nuanced understanding of these issues, the Indian public can play a vital role in shaping the nation's future while respecting the core values of the Constitution.