Constitutional Amnesia

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Muhammad Ali Jinnah got what he wanted for Indian Musalmans though in time, their Quranic zeal turned Pakistan into a Rogue State. What of India, the product of an irony of a partition in that while some Musalmans walked away with one-fourth of its land, others stayed back to nurse their separatist dogma in its truncated bosom?

While the Hindu nationalists lamented about the loss of their ancient land, the Musalman intellectuals were alarmed at their reduced numbers vis-à-vis the Hindus. Even as the Golwalkars articulated the Hindu frustration in shrill tones, the Abul Kalam Azads voiced the Muslim apprehensions in secular tunes. Whatever, as Pakistan became an Islamic State for the Musalmans, India remained a habitat of varied interest groups, the Musalmans included! While the Indian political classes were beset with a sense of loss that partition brought in in its wake, the Hindu intellectuals were upset by the age-old caste guilt that the reform movement occasioned in their collective consciousness.

It was in such a setting that India ventured to formulate a constitution for itself, of course, piloted by Babasaheb Ambedkar, the intellectual giant from the depressed classes. Yet the end product, touted as the bulkiest of the written constitutions in the comity of nations, turned out to be an exercise in selective amnesia.

"WE THE PEOPLE OF INDIA, reads the preamble of the Constitution of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic, and political;

LIBERTY of status, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

And to promote among all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."

None can fault the lofty ideals of this august document but for the politicization of the testament itself, i.e. by the induction of socialism into it. Strange it may seem, won't the socialistic slant negate the economic justice that it seeks to provide? After all, socialism, as per the COD, is a political and economic theory of social organization which advocates that the community as a whole should own and control the means of production, distribution, and exchange. How could there be an economic justice for an individual enterprising Indian then?

However, mercifully in the end, PV Narasimha Rao, the Accidental Prime Minister, aided by Dr. Manmohan Singh, his hand-picked Finance Minister, managed to extricate India from the Nehruvian socialist grip to leave his lasting legacy as the 'Achitect of Economic Reforms'. But that was not before socialism wrecked Indian industry, stunted its enterprise, and ruined its economy so much so that, for servicing its national debt, the country had to pledge its gold for some sterling pounds.

But before that, as if the religious leeway provided by Ambedkar & Co. to the Musalmans and the Christians to upset the demography of India's diminished geography, Indira Gandhi, during her infamous emergency, unconstitutionally amended the constitution to further stymie the Hindu majority though with the laudable 'Statement of Objects and Reasons appended to the Constitution (Forty-fourth Amendment) Bill, 1976 (Bill No. 91 of 1976)' that was enacted as The Constitution Forty-second Amendment Act, 1976, which avers that –

"A Constitution to be living must be growing. If the impediments to the growth of the Constitution are not removed, the Constitution will suffer a virtual atrophy. The question of amending the Constitution for removing the difficulties which have arisen in achieving the objective of socio-economic revolution, which would end poverty and ignorance and disease and inequality of opportunity, has been engaging the active attention of Government and the public for some years now."

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