The constitution of India compiled and created by the constituent assembly and drafted by Dr B R Ambedkar is considered one of the best statutes in the world. Majority of members of the constituent assembly consisted of the front-ranking freedom fighters and they saw that constitution reflected the past, present and the future of the country. Secularism though included during the regime of Indira Gandhi, is a basic feature and the Supreme Court in one of its historic verdicts said that the basic features of the constitution cannot be changed by any amendment. The irony of the circumstances is that the ruling party at present has its roots in the Rashtra Swayamsevak Sangh, the organization which never took part in the freedom struggle and more grave and worrying fact is that its sister body produced the assassin of Mahatma Gandhi. The RSS never believed in secularism and it taunted the believers as pseudo secularists. As the constitution treats all religions equally important and the government can have soft corner for no religion, the RSS never declared its full faith in the constitution. The main aim of the organization is to achieve the goal of Hindu Rasthra. It is political compulsion that the BJP declares its commitment to the constitution. The constituent assembly adopted the constitution on November 26, 1949 and it was enforced on January 26, 1950. Thus November 26 is celebrated as the Constitution Day.
This Constitution Day the Chief Justice of India Ranjan Gogoi said the constitution was, “the voice of the marginalized as well as the prudence of the majority.” He said everyone should follow the constitution or else, the country would face a crisis. This is a timely advice and more than anybody else it is up to the centre and the state governments to see that the constitutional values are safeguarded. Today when the Public Interest Litigation has become a common course, the Supreme Court which is basically the guardian of the constitution, has to interfere in a variety of cases. The Prime Minister Narendra Modi promised to give transparent government, but this government is interfering in the functioning of every key institution like the Reserve Bank of India, Supreme Court, Election Commission, Central Bureau of Investigation and others. This is not a democratic way of functioning and it will certainly result in internal contradiction. This is the beginning point of chaos and anarchy. The government is lacking the will to abide by the basic principles of the constitution. The government is unable to implement the Supreme Court verdicts. Sabarimala judgment is an eye-opening example.
The Supreme Court is hearing the Babri Mosque-Ram Janmabhomi dispute, but the Hindu fundamentalists have thrown gauntlet and challenged that the Ram temple would be built at any cost. The state and the central governments are simply playing spectator. Then what about the voice of the marginalized and the prudence of the majority? It is high time to heed the advice of the CJI.