S. Jaishankar Reacts to PM Modi's Biggest Election Interview

India's External Affairs Minister S. Jaishankar has reacted to Prime Minister Narendra Modi's interview.  Reacting to the interview, S. Jaishankar said that “ Look at history who has changed to constitution”. 

He added that "80 percent of the change was done by Congress in the Constitution. So for them to think that constitution is being changed is ridiculous".

A look at the context

During the interview, PM Modi was asked about the opposition's accusation that he is seeking 400 seats from the voters, so that he can change the constitution in his third term. In the interview, PM Modi pointed out the fact that his alliance, right now, is not that far from 400 seats in the parliament. He asserted that he is setting the target of 400 seats to galvanise his party's workers. The PM said that it wasn't him but the Congress party that wants to change the constitution by introducing religious reservations, which goes against the spirit of the constitution. 

The PM argued that framers of the Indian constitution, other than Jawaharlal Nehru, were all rooted Indians and they all agreed on the fact that reservation must be provided to downtrodden castes of the Hindu society. However, they were against reservation on the basis of religion as the nation was already partitioned on the basis of religion.

In the interview, PM Modi also highlighted the fact that it was Congress' PM Jawaharlal Nehru who changed the constitution when he pushed the 1st Amendment through parliament to undermine freedom of speech. 

Here is what you need to know about 1st Amendment  

The First Amendment to the Indian Constitution marked a significant juncture in the nation's history, particularly in terms of freedom of speech. Pushed by Prime Minister Jawaharlal Nehru, this amendment altered the landscape of free expression in India and sparked debates that continue to reverberate.

Following India's independence from British rule in 1947, the framers of the Indian Constitution sought to enshrine fundamental rights, including freedom of speech and expression, into the legal framework of the newly-formed republic. Article 19(1)(a) of the Constitution guaranteed citizens the right to freedom of speech and expression, recognising its paramount importance in a democratic society.

However, the early years of Indian independence were fraught with challenges. In this context, Nehru's government proposed the First Amendment in 1951. The primary objective of this amendment was to address so called “limitations and ambiguities” in the original text.

Article 19(2) imposed restrictions on free speech

One of the key provisions of the First Amendment was the addition of Article 19(2), which introduced reasonable restrictions on the freedom of speech and expression. These restrictions included considerations for public order, decency, morality, defamation, and incitement to violence. While proponents argued that these limitations were necessary to prevent abuse and maintain harmony in a diverse society, critics viewed them as a threat to the very essence of democracy.

Shyama Prasad Mookerjee opposed restrictions on free speech

Criticism of the First Amendment centered on concerns that the introduced restrictions could be exploited to stifle dissent and silence political opposition. Critics argued that vague terms such as "public order" and "decency" provided authorities with excessive discretion, allowing them to curtail free speech arbitrarily. PM Modi belongs to the BJP. Shyama Prasad Mookerjee, who founded BJP's precursor Jan Sangh, opposed the restrictions to free speech. 

“You are treating this Constitution as a scrap of paper,” he said. He condemned the “encroachment on the liberty of the people of free India”. Although, he did admit that the parliament had a right to introduce and pass the amendment. Mookerjee added that "You cannot pass or amend a Constitution to fight with ghosts.”

“I say this opposition is not a true opposition, not a faithful opposition, not a loyal opposition. I say it deliberately,” came Nehru's reply. 

Despite opposition, the First Amendment was passed by the Indian Parliament and became law in 1951. Its enactment marked a turning point in India's approach to free speech, shifting from an absolute right to one subject to restrictions. In 2020, a book named “Sixteen Stormy Days” was published, which explores the history of First Amendment. It was written by Triupurdaman Singh. PM Modi, in the interview, and EAM Jaishankar, in his reaction to the interview, have both aired a similar view. The view, is that, it is the Congress party, which has a history of undermining the spirit of the constitution.