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OUTRAGE: Masked demonstrators in Delhi blamed Advani and
Modi for destroying secularism but the process had begun well before
the bloodbath in Gujarat
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IT may sound
unreal but when the founding fathers bequeathed the Constitution to the
people of India in 1950, the term secular found only a single
casual mention in the document. The reference was to economic, financial,
political or other secular activity in Article 25(2a) and the usage
followed the standard dictionary meaning. It is not that India wasnt
a secular state. There were enough provisions to guarantee freedom from
discrimination, the equality of opportunity and the right to profess,
practise and propagate faith. But the word secular was found
to be too loaded. Responding to a demand to describe India as a secular
federal socialist union of states, the then law minister B.R. Ambedkar
said it was inadvisable to prescribe a particular form of social organisation
for future generations.
That wasnt how Indira Gandhi perceived it 25 years later. Intoxicated
by the Emergency and her dictatorial status, she felt the Constitution
to be a political straitjacket. In 1975, the aicc set up a committee headed
by Swaran Singh to recommend changes in the Constitution. Simultaneously,
she got the Lok Sabhamost of the Opposition was conveniently behind
barsto extend its life by a year. Then, armed with its report, she
proceeded to bulldoze the 42nd Amendment through a lame-duck Parliament.
Indira set her target highat the very Preamble of the Constitution.
The words secular and socialistboth left
undefinedwere prefixed to the description of India as a sovereign
republic. The changes were necessary, she told the Lok Sabha, to
restore the health of our democracy. The Statement of Objects and
Reasons declaimed in communist-style language that the amendment was necessary
because vested interests have been trying to promote their selfish
ends to the great detriment of public good.
Constitutional experts felt the changes to the Preamble were unnecessary.
In his Shorter Constitution of India, Durga Das Basu argued that the insertion
of secular was productive of more mischief than benefit.
Likewise, H.M. Seervai in his Constitutional Law of India argued that
the additions have certain associations which are inconsistent with
the enacting provisions of the Constitution.
Despite
these misgivings and the outrageous circumstances of its inclusion, the
new secular mantra became a holy cow. In 1978, the Janata
Party government repealed chunks of the 42nd Amendment. However, it failed
to restore the original Preamble. Yet, it tried to inject a definition
of secularas equal respect for all religions.
The Congress would have none of it and the amendment was rejected by the
Rajya Sabha where the party had a majority. Consequently, secular
remains in the Preamble as a political slogan, its meaning nebulous and
negotiable, its presence overshadowing a far richer wordfraternity.
That wasnt the case when the Constitution was drafted. The fundamental
divide in an India traumatised by Partition was between communalism and
nationalism. Indira Gandhi reduced it to communalism versus secularism.
She never won the battle or even engaged the enemy seriously. Her cynical
posturing simply ensured that the biggest casualty was nationalism.
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