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

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.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’