Updated 22 July 2024 at 15:43 IST
New Delhi: The red Constitution handbook frequently waved by Congress leader Rahul Gandhi measures about 20 centimeters by 9 centimeters. This leather-bound edition, first published by Eastern Book Company in Lucknow in 2009, contains a compact version of India’s Constitution. The handbook, designed to fit in a coat pocket, has gained increased attention following Gandhi's repeated use of it during the Lok Sabha elections.
Earlier on Sunday, on the eve of Parliament's Budget Session, the BJP launched a scathing attack on the Congress, asserting that the pocket-sized edition of the Constitution frequently displayed by Rahul Gandhi and his colleagues reflects the opposition party’s disregard for it.
BJP MP and former Union Minister Anurag Thakur told that if Rahul Gandhi studies this edition of the Constitution, he would uncover the "black deeds" of the Congress, including the imposition of the Emergency and violations of constitutional norms and guidelines. Thakur claimed that the preface of this edition details the party's misdeeds and breaches of constitutional principles.
Thakur further said that in one edition, senior advocate and former attorney general K K Venugopal has written how the judiciary used to be threatened by the then Congress government. The then prime minister Indira Gandhi had called for a "committed judiciary", he said, quoting Venugopal's write-up.
"When you hold this small leather-bound book in your hands, you are holding the very destiny of this nation which is 62 years old. Would the founding fathers have ever imagined the tribulations of the constitution, they are formulating? At the same time, would they have comprehended what would happen when the provisions are implemented? At the same time, they would doubtlessly have welcomed some of the provisions of the Constitution of India.
By distributing powers between three centers – The States and their Constitution power being protected by distribution of remaining powers and forward in tranquillity State. Could they march forward with one State from another without any conflicts between State and Peace; could they march forward with one organ from another without any conflicts between organs? If not, Peace years itself, the legislative wing hand, and executive wing of the State on one hand confronted judicial wing on other, with accusation that then had vastly encroached upon powers not given to them but given to executive. The then Law Minister on 28th October 1976 issued a stark warning to judges of Supreme Court, and I quote:
"An atmosphere of confrontation was sought to be created by those whose duty it was to see that they did not encroach upon the field which did not legitimately belong to them. Nothing should be left undone now to ensure that such a situation does not recur. If even after the amendment confrontation continues, then I think it will be a bad day for the judiciary.”
And again:
“We are trying to save them from the temptation to intrude into powers which do not belong to them. What we are doing today is not to save the people from the judges but really enabling the judges to save them from themselves.”
This was said during the Emergency, which hit the nation like a Tsunami and brought about the realization that the Constitution could be subverted.
It is true that the Supreme Court did not rise to the occasion, but in the aftermath of the lifting of the emergency, this one wing of the State, the Judiciary, spearheaded by the Supreme Court of India, established its primacy, by ensuring that the vast rights bestowed on the people by the Constitution, including human rights, freedom of speech and the right to life and liberty were all rendered sacrosanct.
Today, therefore, this little book in our hands has revolutionized the lives of the people. We have a long march ahead and day-after-day the sacred words of the Directive Principles of the Constitution have brought solace to the billions of people of this country; and that is why I believe that every Indian, whether he be a lawyer, judge or not, should have a copy of this little book, small in size but huge in its human dimensions. I believe that this elegant book should be in the pockets of every Indian, enabling him to derive inspiration from the greatness of the ideas contained in the Constitution of India, which we, the people of India, have given unto ourselves."
BJP's IT department head Amit Malviya said on X, “Third Time Fail Rahul Gandhi, it seems, hasn’t even opened the copy of the Constitution he keeps flashing.”
This is what preface of the copy, written by Gopal Sankaranarayanan, has to say about the Congress and “Balak Buddhi’s own family”.
Malviya said quoting Sankaranarayanan, "Were it not for the strength of this document, Indira Gandhi would not have been compelled to end the darkest episode in independent India by ending the Emergency, and the nation's poorest would not have been empowered by the Right to Information Act."
“White anglo-saxon farmers created the American Constitution.
The French Constitution was given to it by an oppressed proletariat after a bloody revolution. In Britain, its judges are still trying to figure out how exactly to make a Constitution.
But India is different.
Our Constitution was crafted by the finest, most emancipated minds of the time, and thankfully, not directed by the confused Nehruvian socialist policy that guided successive governments. Giants like B.R. Ambedkar, B.N. Rau, Sardar Patel, K.M. Munshi, and Alladi debated provisions to protect the basic freedoms of the new nation, with particular care being taken of the historically underprivileged. In India, that meant the harijans, the women, and the bonded labourers. The twin ills that plagued Indian society—casteism and communalism—were sought to be uprooted, while retaining protections for religious freedom and practice.
But, apart from freedoms and rights and values, the Constitution was also very detailed. Like the ancient Muslim artisans, the care taken by the Indian Assembly to craft provisions on aspects as varied as specific as escheat and jute subsidies go to show that our founding fathers took their job very seriously. More familiar with comparative law than corn harvesting, they decided to be detailed and specific in all facets important to the rearing of a young nation. Like fond parents, they wanted to ensure that not much was left to chance, and that their responsibility being an onerous one, they had to discharge it to the fullest. Not for them to take refuge behind later legislation, and hope that sans any benchmarks, the regulations laid down by subsequent legislatures would work out.
Driven by a sense of nation, and motivated by the need to show its ability to retain its unity after a difficult colonial age, it was important that the Constitution reflected the ideals of the peoples of India, and not of any individual. It was fortunate then that the personality cult of Mr. Gandhi did not attend that august gathering.
Were it not for the strength of this document, Indira Gandhi would not have been compelled to end the darkest episode in independent India by ending the Emergency, and the nation’s poorest would not have been empowered by the Right to Information Act.
In also reposing the unique confidence in its judiciary to strike down law, our founding fathers showed a rare foresight. While the United States needed to evolve such a principle through its courts (and then exercise such a power sparingly), the United Kingdom took 600 years to make such a bold law (a little over 10 years ago). Arbitrary State power being so regulated draws a firm line between a simple democracy and a constitutional law. The Indian courts did not back down when brutal land reform, discriminatory service appointments and even provisions of the 1800 Penal Code were challenged. In the lap of the Constitution, the challengers received refuge."
“It is time that a copy of the Constitution finds its way into every Indian household. In rededicating ourselves to its ideals, let us ensure that these very ideals are conveyed to every hungry mouth and every blighted hand, so that in the next 60 years, this vibrant document truly informs ‘We, the People’.”
During the recent Lok Sabha elections, the Congress and its allies accused the Modi government of attempting to alter the Constitution, making this a central theme of their campaign against the BJP. The BJP's loss of over 60 seats across various states was partly attributed to this campaign, with many ruling party members acknowledging that the opposition had successfully "misled" voters with its "false" agenda.
Since coming to power with support from its allies, the BJP-led NDA government has been actively emphasizing the Congress' alleged "disrespect" for the Constitution during its decades in power. The government has recently declared June 25, the day the Emergency was imposed in 1975, as 'Samvidhaan Hatya Diwas' (Constitution Murder Day).
Thakur criticized the Congress for displaying copies of the Constitution and taking oaths in its name, asserting that such actions will not change the fact that the Congress has disrespected it. He praised Prime Minister Narendra Modi for consistently showing reverence for the Constitution. Thakur accused the Congress of altering the Constitution in 1975 to extend the Gandhi family's rule and called for Rahul Gandhi to apologize to the nation.
Published 22 July 2024 at 15:43 IST