Modi versus the Indian Constitution

Waning charisma 'Secularism', even if a later innovation, is intertwined into the design of the Indian Constitution, and rooted in the ethos of the freedom movement and the deliberati

Amjed Jaaved

Amjed Jaaved

January 7, 2020

5 min read
  • Waning charisma

‘Secularism’, even if a later innovation, is intertwined into the design of the Indian Constitution, and rooted in the ethos of the freedom movement and the deliberations of the Constituent Assembly. The design embraced diversity and pluralism with reservations for disadvantaged groups, to cultural rights for religious minorities.

Faith-based discrimination militates against spirit of Indian Constitution. It may lead to unforeseen injustices. Ready instances are the sealing or confiscation of properties in Yogi Adityanath’s la-la land, Uttar Pradesh, and the deportation of foreign students epitomised by German student Jakob Lindenthal, studying at Institute of Information Technology, Chennai. Speaking to The Indian Express from Chennai airport shortly before his scheduled flight back home, he disclosed he received “oral directions” to leave India from the Foreigners Regional Registration Office in Chennai. Modi denied existence of any detention centres in a speech. But, The Hindu reported last month there are six jails, including Goalpara (Assam) that serve as detention centres also. An ex –army officer, Mohammed Sanaullah, on bail, declared them “Hell”.

Articles 5-11 on citizenship in the Constitution and the Citizenship Act1955 embodied freedom-movement sentiments. The Constituent Assembly held the principle of jus soli (‘law of the soil’– citizenship based on birth on the soil of a country) to be the more “enlightened modern civilised” principle, than the “racial” principle of jus sanguinis (‘law of blood’– citizenship based on descent). The Citizenship Act, though a combination of jus solis and jus sanguinis, is compatible with Constitutional design. It confers equal rights on all citizens without discrimination on grounds of caste, creed, tribe or gender. However, when Atal Behari Vajpayee was PM, an amendment was enacted to undermine jus soli in favour of jus sanguinis. It excluded people born in India with one illegal-migrant parent. Modi 2.0 could have followed Germany that moved in a more inclusive direction, combining elements of both jus soli as well as jus sanguinis, instead of majoritarian Donald Trump, fearing minorities.

Narendra Modi won office on a wave of slogans. Amending citizenship laws is aimed at diverting popular attention from his performance. The history of elections in both India and Pakistan tells that slogans help win gullible vote banks– roti, kapra aur makan (bread clothing and shelter), or tabdeeli (change). Likewise India has seen numerous slogans in 16 elections during 72 years of independence_ Nehru’s slogan of “aaraam haraam hai.” (rest is not kosher), Lal Bahadur Shastri’s “jai jawan jai kisan” (long live the soldier, long live the peasant), Indira Gandhi’s “garibi hatao” (eradicate poverty), the Janata Dal’s echo “Indira hatao, desh bachao” (remove Indira, save the country), post-Indira-assassination “Jab tak suraj-chaand rahega, Indira tera naam rahega” (as long as the sun and moon shine, Indira will live on) , BJP (1996) slogan “sabko dekha baari-baari, abki baari Atal Bihari” (We’ve seen them all one by one, this time it’s Atal Bihari), BJP (2014) “achchhe din aane waale hain” (good days are coming), BJP (2019) Modi hai to mumkin hai (If Modi is there, then it’s possible).

Modi2.0 has a Herculean challenge to realise his tall promises. Congress has an opportunity to capitalise on unfulfilled expectations to rout the BJP in coming elections

Modi brazenly bags credit for all achievements of previous Congress governments. Yet it was Jawaharlal Nehru who abolished the zamindari system. He had the nerve to face the reality that minor kings, princely states and feudal landlords were still influential after independence. It is Nehru, not Modi, who set up India’s space centre. A new class of political leaders, hand in glove with corporations, replaced the royals and zamindars. Like our nouveaux riches they are unchallenged.

A bitter truth is that we drifted away from the doorsteps of the Medina State to knock at the IMF’s portals. But, Modi 1.0 and 2.0 stayed the course. In his very first cabinet meeting, Modi enhanced educational scholarships, and extended the scope of his income support to farmers. Now 145 million farmers, instead of the previous 125 million owning under two hectares, get Rs 6000 annually, costing an additional Rs 12 billion. Several ministries have been merged into one to provide piped water supply to every Indian by 2024.

Despite such populism, Modi’s magic appears to be waning. Jharkhand is the fifth state in which opposition parties have managed to unseat the BJP in the past year, even though Modi campaigned personally. At least seven states are hostile to his faith-based citizenship amendment.

The anti-Congress wave is petering out. In national elections, saffron snatched away even Congress-ruled Karnataka, Rajasthan, Chhattisgarh and Madhya Pradesh. Even Rahul Gandhi lost its citadel, Amethi. In the gory West-Bengal contest, the formidable Mamata Banerjee lost many seats to the BJP. Congress has proved it is not just a dynasty. It embodies an ideology of secularism, socialism and pluralism. It could spring a surprise in coming mid-term polls or state assembly elections.

To win national elections, the BJP hoodwinked Muslims. Muslim munch, distributed RSS leaflets at RSS enclaves. Even after winning the elections, BJP stalwarts visited Madrassa Deoband. Modi captivated popular imagination as a strong leader. Modi gave tickets to nine Muslim candidates who lost because of banal Muslim caste–structure (ashraf, ajlaf and arzal).

Indira Gandhi, a charismatic leader, fell because of her authoritarian attitude and reliance on intelligence agencies. Modi 2.0, also, is threatened with resurgence of authoritarianism and Hindutva nationalism in his party. Legislators were sworn in amid shrill ‘Jai Shri Ram’ slogans. Even Muslim MPs Asaduddin Owasi, president of the All India Majlis-e-Ittehadul Muslimeen and Shafiqur Rahman Barq of the Samajwadi Party were heckled with Jai Shri Ram slogans. Owaisi defiantly shouted “Jai Bheem, Allahu Akbar, Jai Hind. The hooted Trincomalee Congress MPs chanted Jai Maa Kali. In stark contrast, Modi2.0 bowed his head in worshipful namaskar, before a bedecked copy of the India’s Constitution. Modi2.0 showcased the ‘Jai Constitution’ pledge. However, BJP MPs displayed allegiance is to ‘Jai Shri Ram’. Modi’s confidante Amit Shah has directed intelligence agencies to report directly to him. RSS leaning is now the sine qua non for appointment to political offices.

Modi2.0 has a Herculean challenge to realise his tall promises. Congress has an opportunity to capitalise on unfulfilled expectations to rout the BJP in coming elections.

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Amjed Jaaved
Amjed Jaaved

The writer is a freelance journalist, has served in the Pakistan government for 39 years and holds degrees in economics, business administration, and law. He can be reached at [email protected]

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