Nageshwar - Interpreting Contemporary India

Interpreting
Contemporary India

PROF. K. NAGESHWAR

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2016 Prof. K. Nageshwar. All rights reserved.

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Published by AuthorHouse 10/31/2016

ISBN: 978-1-5246-6532-6 (sc)

ISBN: 978-1-5246-6533-3 (hc)

ISBN: 978-1-5246-6531-9 (e)

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Contents

SECTION - I
The Constitutional and Legal Questions

SECTION - II
The Political Landscape

SECTION - III
The Economic Issues

SECTION - IV
Tracking Human Development

SECTION - V
The Social Milieu

SECTION - VI
The Environment Debate

SECTION - VII
India and the Response to Disasters

SECTION - VIII
India and the World

SECTION - IX
The Global Pointers

SECTION - X
The Miscellaneous

SECTION - I

The Constitutional and Legal Questions

Constitutional Perspective on Secularism

As India is poised to celebrate 70 years of Independence, we present here some pertinent views on challenges confronting the nation.

The Indian Constitution is both a legal and social document. It provides machinery for the governance of the country. It also contains the ideals expected by the nation. The political machinery created by the Constitution is a means to the achieving of this ideal. Indias challenge, as described by Jawaharlal Nehru, has been to build a secular state in a religious country.

The concept of secularism is embedded in our constitutional philosophy. Indias constitutional commitment to secularism emerged out of the freedom struggle. In 1908, Gandhiji wrote in Hind Swaraj: India cannot cease to be one nation, because people belonging to different religions live in it In no part of the world are one nationality and one religion synonymous terms; nor has it ever been so in India.

As the Supreme Court observed, The term Secular has advisedly not been defined presumably because it is a very elastic term not capable of a precise definition and perhaps best left undefined. The apex court itself declared in no uncertain terms that secularism is part of the basic structure of the Constitution. As held by the Supreme Court in the famous Kesavananda Bharati case, even Parliament has no right to amend the basic structure of the Constitution.

Therefore, whatever may be the political machinations over it, secularism remains and shall remain the bedrock of Indian constitutional democracy. Dr B R Ambedkar said that Constitution is not a mere lawyers document, it is a vehicle of life, and its spirit is always the spirit of age. It is the spirit of Modern India, which has often found its expression in the form of judicial interpretation, especially as the Basic Structure will act as the guiding force for the body politic to adopt this novel ideal.

More recently, an argument is advanced to state that secularism is the postscript of the Constitution introduced into it by the 42 nd Amendment to the Constitution of India in 1976. This argument can even imply that the Constitution can be devoid of secularism in case the political establishment wishes it to be so. As the Supreme Court noted in SR Bommai vs. Union of India, 1994 (2) SCR 644, Notwithstanding the fact that the words Socialist and Secular were added in the Preamble of the Constitution in 1976 by the 42 nd Amendment, the concept of Secularism was very much embedded in our constitutional philosophy . By this amendment what was implicit was made explicit.

Secularism not irrelig ious

The true meaning of secularism as reflected in the Constitution of India is often misread to serve the political purpose. The major tirade against secularism is that it abrogates religion. This canard on secularism is intended to make it unpopular in a deeply religious society like ours. But, As Dr S Radhakrishnan, whose authority on religion is unassailable, rightly defined, the secularism is embedded in our constitutional values. When India is said to be a secular State, it does not mean that that we exalt irreligion. Indian State will not identify itself with or be controlled by any particular religion.

State and religion in the secular Constitu tion

The State is enjoined to accord equal treatment to all religions. But, these provisions of the Constitution by implication prohibit the establishment of a theocratic State and prevent the State from either identifying itself with or favouring any particular religion. The religious matters should, therefore, be regarded entirely as relating to the conscience of the individuals.

Justice Chinnappa Reddy, delivering Ambedkar Memorial Lecture on Indian Constitution and Secularism has observed that: Indian constitutional secularism is not supportive of religion at all but has adopted what may be termed as permissive attitude towards religion out of respect for individual conscience and dignity

More precisely, Article 27 provides that no person shall be compelled to pay any taxes, the proceeds whereof are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. This is an important article which prohibits the exercise of States taxation power if the proceeds thereof are intended to be appropriated in payment of expenses for the promotion and maintenance of any particular religion or religious denomination. That means that States revenue cannot be utilised for the promotion and maintenance of any religion or religious group.

The constitutional founding fathers clearly wanted the Indian State to be divorced from religion. In fact, the attempts to begin the Preamble of the Constitution by invoking God did not succeed in the Constituent Assembly. Members such as H V Kamath, Govind Malaviya and S L Saxena wanted to begin the Preamble to the Indian Constitution with the phrase In the name of God. But, after a heated discussion, this proposal was put to vote and defeated. Pandit Kunjru said that, we invoke the name of God, but I am bold to say that while we do so, we are showing a narrow, sectarian spirit, which is contrary to the spirit of the Constitution.

Secularism and religious fre edom

The Supreme Court in the S R Bommai verdict elaborately dealt with the concept of secularism enshrined in the Constitution of India. The Preamble of the Indian Constitution itself spoke of liberty of thought, expression, belief, faith and worship. While granting this liberty, the Preamble promised equality of status and opportunity.

It also spoke of promoting fraternity, thereby assuring the dignity of the individual and the unity and integrity of the nation. While granting to its citizens liberty of belief, faith and worship, the Constitution abhorred discrimination on grounds of religion, etc. Not only in fundamentals rights (as has been discussed above) protected by the Right to Constitutional Remedies, but the Principle of Secularism has been incorporated (although implicitly) in the Directive Principles of State Policy (DPSP) and the Fundamental Duties as well.