(Dr M Sridhar Acharyulu, LL.D., MCJ)
An immediate gain of the 2024 elections is the victory to Voters. It is ‘the verdict’ that can save the Constitution of Bharat, otherwise threatened by ruling party and alliance. Though BJP failed to win target of 400 seats, the dream of hattrick is realised. Thank God, the Voters are capable of safeguard the Statute.
Now, it is the duty to implement the pledge described in the Preamble of our Samvidhan. Every Indian should see to prevent any President or Prime Minister, Governor, or Chief Minister to become a dictator.
In fact, it is indeed a battle for ‘the Constitution’. Before the conclusion of the elections, almost every political party frequently referred t0 the ‘Constitution’ of India, expressing concerns about either possible changes or retention. Next point is the ‘burning’ issue was all about “400 seats in Lok Sabha”.
Some campaigners like Rahul Gandhi have symbolically waved a copy of the Constitution in public rallies. The canvasser declared this election to be a mêlée for “saving the Constitution” and this slogan resonated everywhere. Be that it may, it is the sole obligation of the voter, and neither the Government nor the Election Commission have any attached value to it. During the earlier Citizenship agitation, there have been many instances when scores of citizens read the preamble, and, we have off pat, reels of their arrests.
Misuse of the Constitution
The Prime Minister asserting that a third term to “the NDA was historic, acknowledged the role of women voters in these polls for their larger turnout. He quixotically termed himself as having been “blessed” with divine prowess.’ Despite many irregularities ranging from the violations of the Moral Code, rules of EC, hype generated around Ayodhya, to the misuse of Constitution so as to totally bring it under the control, to make former CJI accept the offer of Rajya Sabha, finally Lord Ram saved all from the misinterpretation and distortion of Ram Raj. People blessed BJP with a third term but the caveat restricted the hate crimes through ‘alliance’.
Three Estates and Fourth too
The stark reality remains that the NDA government is reliant on the ventilator support of two allies, the Telugu Desam Party (TDP) and the Janata Dal (U). The grim picture is the big picture: “In Andhra Pradesh and Bihar, under N Chandrababu Naidu and Nitish Babu i.e., Nitish Kumar, the NDA has had a stellar performance.”
When three Estates were totally under the grip of the ruling party, the only hope was a vibrant, responsible opposition. In the absence of an active fourth estate, media is vicariously controlled by a little less than hundred percent, in our competitive democracy. The judiciary seems to be the final refuge and hope is rejuvenated through the PIL. However, a great threat to justice is lurking larger, in the form of pendency as no case may be listed or ever tabled the Supreme Court or High Court.
Now it is time to put into service the promise made by Congress leader Rahul Gandhi who said that the people of the country, especially those from Uttar Pradesh, took the first step in protecting the Constitution and the results have comprehensively brought coalitions back at the centre of national politics after a gap of a decade.
Robust ‘Opposition’.
One proposition is to retain power to question the Government and raise a ‘why’ and a ‘how’, to the opposition. Unfortunately, there has been no recognized Leader of the Opposition since 2014. In Parliament, there is a need for an active, responsible, yet responsive opposition party which would not only put a check on the Government but also reshapes its concepts and policies. In the final sense, the Congress is now entitled to the status of the official Leader of the Opposition (Cabinet rank). The ruling party leaders used to jocularly babble and satirize saying that the MPs won were allying to stand as opposition. To save the Constitution, it is imperative that a strong opposition should exist and continually work out ways and means to stymie the ‘dictatorship’. Democratic spirit never aligns with sort of dictatorship too!
And Opposed within
Not just in Parliament or Lok Sabha, even there should be strong opposition also within NDA as an alternative force to the big wheeled juggernaut of the BJP. The hope lies in two significant leaders within NDA, Chandrababu Naidu, and Nitish Kumar. Having secured 28 seats, they have the courage and conviction to power balance the BJP-led National Democratic Alliance (NDA). Mr. Naidu and Mr. Kumar have both in the past publicly repudiated Mr. Modi. In March 2018, the TDP, which was integral to the NDA’s first term, snapped ties with the BJP over the denial of special category status to Andhra Pradesh. The TDP had also subsequently moved a no-confidence motion against the Modi government and joined hands with the Congress, the rest of the Opposition ahead of the 2019 election. Mr. Naidu returned to the NDA fold just ahead of the 2024 election. Following the 2002 Gujarat riots, Mr. Naidu’s TDP was the first NDA ally to demand Mr. Modi’s resignation as Chief Minister.
Agnipath scheme: Not useful
An instance of flak, the Bihar CM raised criticism against Agni Path, by lampooning whether it is called employership or public army or further a farmer army. He opines that some members might turn private army persons, and felt that it should be scrapped. It cannot even be prescribed as a ‘scheme’.
The PM vs Congress
The recent statement (30.5.2024) was that the PM mentioned the Congress had been ranting that the Constitution ran into danger, though the party had literally strangled it during the emergency and further conveniently ignored its spirit during the massacre of Sikhs in 1984. The PM quoted from Maharshi Valmiki, Guru Ravidas, BJP’s campaign about the concept of ‘virasatbhi and vikasbhi’ (heritage and development hand-in-hand). He attacked the attack against the INDIA bloc, accusing it of making the Army a “weapon of politics” and saying there cannot be a “bigger sin than this”. The PM also talked about reservations saying: that the intentions of the Congress and I.N.D.I.A bloc over the issue of reservation are “dangerous” … “In the last 10 years, I have always protected reservations for SCs, STs and OBCs”.
The JD(U) leader and party’s principal spokesperson KC Tyagi remarked that “a section of voters has been upset over the Agniveer scheme. Our party wants those shortcomings which have been questioned by the public to be discussed in detail and removed,” Tyagi was referencing the simmering anger among the youth over the controversial scheme for the short-term induction of soldiers.
He explained that the Agnipath scheme was a major departure from the military’s decades-old recruitment system, which was eventually scrapped in June 2022. Agnipath seeks to recruit soldiers for only four years, with a provision to retain 25% of them in regular service. Those recruited under the new scheme are called Agniveers. Similar to this, several decisions of the Government during the first and second terms of BJP are criticised.
Regarding Uniform Civil Code, Tyagi said his party was not against it but wanted all communities to be taken on board. “We are not against Uniform Civil Code (UCC), the CM (Nitish Kumar) has written to Law Commission chief… there should be a discussion with all the stakeholders – be it various CMs, different political parties, different sects – and the issue should be resolved,” he said. Asked about the national caste census, Tyagi said no political parties had spoken against the demand for a nationwide caste census.
The rule of law is ‘the questioning power’, the voter has been empowered though NDA got the absolute majority, to oppose the efforts to grab absolute power. Thanks to the citizens and voters.
(Author is Deen, Mahindra School of Law and former Commissioner RTI)
