New Delhi: Congress MP Shashi Tharoor described it as a “tremendous triumph” that key figures from the Hindutva movement are now among the Constitution’s strongest defenders—a sharp contrast to their ideological predecessors such as Deen Dayal Upadhyaya, who had voiced serious concerns about the way it was framed.
“The Prime Minister calls it a holy book… Even the RSS chief Mohan Bhagwat has pledged support and allegiance to the Constitution as it stands, and speaks of safeguarding it,” Tharoor said at the launch of his new book, Our Living Constitution, in New Delhi.
He continued, “People whose ideological forebearers rejected the Constitution…they said it is written in the wrong language, infused with Western ideas, and had nothing to do with the soul of India…Now, their intellectual ideological descendants today are the ones swearing by the Constitution, defending it.”
Tharoor was joined at the event by former Congress leader and senior advocate Kapil Sibal, Lok Sabha MP Mahua Moitra, former Supreme Court judge Justice Madan Lokur, and columnist Shubhrastha.
Referring to the content in Tharoor’s book, Moitra noted that Deen Dayal Upadhyaya had lamented the absence of Manusmriti in the Constitution and advocated for a Hindu political philosophy aligned with Bharat’s ancient character.
The book states: “By granting equal citizenship and rights to Muslims and other non-Hindus, Upadhyaya argued that the Constitution had erred, as Indian nationalism had to be Hindu Nationalism.”
Responding to this, Moitra remarked, “Our founding fathers did what they had to do, and voices like Upadhyaya’s were rightly excluded. I, for one, am very glad.”
She went on to highlight the importance of inclusion: “Today, we have 182 million Muslims in this country—the second-largest Muslim population after Indonesia, and I would want them to be a visible part of this country.”
Moitra also pointed to a double standard in public spaces: “If you’re sitting in an airplane and somebody stands up and says, ‘Jai Mata Di’, but tell me the truth, if somebody stood up and said, ‘Allah hu Akbar’, they will all hold his head and say bring him down. That is the reality of India today.”
Sibal, however, struck a cautionary tone. Referring to Bhagwat’s statements, he said, “You said that Mohan Bhagwat has recently made a statement that he now abides by the Constitution. You know what politicians do, they say many things, don’t take it at face value because he has achieved his purpose without amending the Constitution so he’s happy.”
He continued, “It’s an unequal society where those who are working the Constitution don’t want to do anything for the country. They only want to do something for themselves”. All the institutional structures of the country, he said, “have been destroyed”.
Sibal concluded, “You don’t need a rethink on the Constitution because you can attain your objectives by capturing all these institutions and you can have the kind of democracy you want. You still call it a democracy, but we all know what it really is.”
Sibal also spoke about the politicisation of religion. “Religion is private. You can’t perform a Pran Pratishtha as a politician. I observe all Hindu festivals at home, but I don’t carry them into public spaces. Religion is private, you can’t make it political…you can’t make it a part of the agenda of a party.”
Responding to a question from Rajdeep Sardesai about whether the Constitution still reflects the aspirations of the people or requires a rethink, Justice Lokur replied, “The Constitution has been working very well.”
However, he highlighted certain gaps, such as the absence of timelines for governors to act on state legislation. “The Constitution doesn’t say in how much time the governor has to take a call so the governor can sit over it for months together and in some cases years together. This has been followed by the speaker of the state legislature. This kind of assault by constitutional authorities is worrying.”
Referring to a recent judgment by the Supreme Court that set a timeline for governors to act, Justice Lokur said, “The court has made it pretty clear—the Constitution is supreme.”
He also cited a Supreme Court order refusing to initiate contempt proceedings against BJP MP Nishikant Dubey over comments made about the court and the Chief Justice of India. “It says very clearly that the constitution of India is supreme and all of us, in the sense of Institutions, whether it is the Supreme Court, whether it is the Parliament, whether it is the executive, all (are) under the Constitution. So I think that should settle the debate.”
The issue has gained prominence in recent weeks after Vice-President Jagdeep Dhankhar questioned the Supreme Court’s decision to set a 3-month deadline for the President to act on bills forwarded by governors.
Speaking at the valedictory function of the 6th Rajya Sabha Internship Programme at the Vice-President’s Enclave, Dhankhar warned against judges acting as a “super Parliament”. He said, “Judges who will legislate, who will perform executive functions, who will act as super Parliament, and absolutely have no accountability because the law of the land does not apply to them.”
(Edited by Radifah Kabir)
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