Skip to main content

Move to 'scuttle' judicial autonomy amidst pomp, pageantry of 74th Republic day

By Fr Cedric Prakash SJ* 
At a Press Conference held in Delhi on 18 January, the Government spokesman said:
“The Nation will celebrate its 74th Republic Day on January 26, 2023. The celebrations include the traditional march past at Kartavya Path comprising a grand parade by the contingents of the Armed Forces & Paramilitary Forces; tableaux display by the States and Central Ministries/Departments; cultural performances by children; acrobatic motorcycle rides and a fly-past, besides Beating the Retreat ceremony. The Republic Day celebrations are going to be week-long commencing on 23rd January, the birth anniversary of great national icon Netaji Subhas Chandra Bose and culminate on 30th January which is observed as Martyrs’ Day… Many new events are being organised as part of the Republic Day celebrations this year. These include Military Tattoo & Tribal dance festival; Veer Gatha 2.0; second edition of Vande Bharatam dance competition; performances of Military & Coast Guard bands at the National War Memorial; an All-India School Band Competition at the NWM; a Drone Show and projection mapping during Beating the Retreat ceremony”.
This definitely needs to be applauded. There will be much pomp and pageantry at the grand parade; the muscle of India’s military might will be demonstrated with full spectacle. The Egyptian President will be the Chief Guest with a huge entourage at the flag hoisting ceremony and parade! During the day there will be the plethora of speeches everywhere; politician after politician will wax eloquent. Some may even claim (and many will believe their lies!) that India became a Republic only after 2014! Few will remember that on that first Republic Day: 26 January 1950, we the people of India, began to live by a visionary Constitution. The day (26 January) itself is very significant: it was chosen by our freedom fighters and the first Government of India, because on this day in 1930, the Indian National Congress revealed Purna Swaraj, the declaration of India’s independence from the colonial rule. Celebrating the Republic@ 74 is important and pregnant with meaning!
At the heart of Celebrating the Republic@ 74, is the Preamble of the Constitution, which unequivocally states: 
“We, the people 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 thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the nation” . 
A couple of months earlier, on 26 November 1949, the Constituent Assembly ‘adopted, enacted and gave to ourselves’ a visionary Constitution.
Celebrating the Republic@ 74 is a painful reminder of the reality today. In February 2019, Justice DY Chandrachud (now Chief Justice of India), delivering the Justice K. T. Desai Memorial Lecture at the Bombay High Court on ‘Why Constitution Matters’, strongly said: 
“The people who work for the constitution may go terribly wrong and sometimes they do as when we jail a cartoonist for sedition or when jail instead of bail is given to a blogger who is critical of our religious architecture. When a mob lynches a person for the food that she or he eats it is the constitution which is lynched. When we deny to human beings the power of lover for reasons of religion or caste it is the constitution which is made to weep. That is exactly what happened yesterday when a groom belonging to the Dalit community was asked to climb down from a horse in a wedding procession. Let’s make no two bones about it. It is the constitution which weeps when we read of such incidents.”
Celebrating the Republic@ 74 is the Supreme Court collegium challenging the government’s rejection of Advocate Saurabh Kirpal, as a Delhi High Court judge, because he is gay and has a foreign national as a partner. Kirpal is the son of former Chief Justice of India B.N. Kirpal; he has vast knowledge of commercial law and successfully helped fight a decade-long legal battle for LGBT rights, culminating in the apex court de-criminalising gay sex between consenting adults in September 2018. The collegium says:
“Decisions of the constitution bench of this court have established the constitutional position that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. about his orientation… In view of the constitutionally recognised rights which the candidate espouses, it would be manifestly contrary to the constitutional principles laid down by the Supreme Court to reject his candidature on that ground. Shri Saurabh Kirpal possesses competence, integrity and intellect. His appointment will add value to the bench of Delhi High Court and provide inclusion and diversity. His conduct and behaviour have been above board.”
Celebrating the Republic@ 74 is the courage to take on those who destroy the independence and the autonomous functioning of several Constitutional and other statutory bodies. The Central Bureau of Investigation (CBI), the Enforcement Directorate (ED) the National Investigating Agency (NIA) have become ‘caged parrots. The police kowtows to those who have rendered them spineless! All these agencies, together with the Income Tax Department, are systematically used (rather, abused) to throttle voices of dissent and anyone who stands up for truth and justice! The Reserve Bank of India (RBI) is browbeaten to bend backwards to cater to the whims and fancies of a government that has sent the country into a downward economic spiral! Media, the fourth pillar of a vibrant democracy, has been made largely impotent, completely godified! Other important bodies, like the Information Commission, the National Human Rights Commission (NHRC) and even the National Commission for Minorities (NCM) have been made toothless and filled with pliable henchmen!
Celebrating the Republic@ 74 is the awareness that in our nation, the rich become richer and the poor become poorer. Oxfam India’s report which was released on the opening day of the World Economic Forum in Davos, Switzerland reveals that the total number of billionaires in India increased from 102 in 2020 to 166 billionaires in 2022.From 2012 to 2021, 40 percent of the wealth created in India has gone to just one percent of the population and only a mere 3 percent of the wealth has gone to the bottom 50 percent. The combined wealth of India’s 100 richest has touched $660 billion (INR 54.12 lakh crore) – an amount that could fund the entire Union Budget for more than 18 months. Freedom of speech and expression is muzzled as never before. The Government has banned the people of India from watching a film by the BBC on the Gujarat Carnage 2002! Besides on several other global indicators the country has reached abysmal depths!
Celebrating the Republic@ 74 is the openness to internalise the passionate speech by Dr BR Ambedkar to the Constituent Assembly (25 November 1949). He said:
“If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgement we must do is to hold fast to constitutional methods of achieving our social and economic objectives…. where constitutional methods are open, there can be no justification for (..) unconstitutional methods. These methods are nothing but the Grammar of Anarchy and the sooner they are abandoned, the better for us. The second thing we must do is to observe the caution which John Stuart Mill has given to all who are interested in the maintenance of democracy, namely, not to lay their liberties at the feet of even a great man, or to trust him with power which enable him to subvert their institutions in politics, Bhakti or hero-worship is a sure road to degradation and to eventual dictatorship. The third thing we must do is not to be content with mere political democracy. We must make our political democracy a social democracy as well. Political democracy cannot last unless there lies at the base of it, social democracy. We must be determined to defend our independence with the last drop of our blood!”
The Republic@ 74 is above all, is the courage of we the people to take a visible and vocal stand today and to make our Constitution and all that is enshrined in it – a reality for every single citizen of India!
---
*Human rights, reconciliation & peace activist/writer

Comments

TRENDING

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.