Indian constitution as a living document explain
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GOVERNMENT
The Constitution as a Living Document
A party or a government which comes to power swearing on the constitution but does not share its vision is not only committing perjury, but is profoundly anti-republic.
Nandini Sundar
Nandini Sundar
GOVERNMENTLAW
26/NOV/2018
Note: This article was first published on January 27, 2018 and is being republished on November 26, 2018 to mark Constitution Day.
The republic has never felt more endangered than it does at 69. When Union minister Anant Kumar Hegde let slip the public secret that the BJP/RSS government is here to change the constitution, the problem is not that the constitution cannot and should not be changed, but what direction that change will take, and whether it will destroy the very basis of the republic or strengthen it.
Justice, liberty, equality, fraternity – these progressive values in the constitution are the last defence of the republic. It is clear, however, that these are not values shared by the RSS from the moment of its inception and that indeed, the RSS regards these as an obstacle to realising its own vision of the country.
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In the last couple of years, the ABVP, supported by pliant university authorities, has stopped several campus events which explicitly set out to celebrate the constitution or Indian democracy, such as one at the Delhi School of Economics in August 2017 and another at Allahabad in September 2017, titled Jashn-e- Samvidhan. It is only an organisation which is itself deeply anti-national and anti-democratic that can object to others celebrating the constitution or democracy.
If people are to be reduced to their caste or religious identity, as Hegde, the Karni Sena, and various other fronts of the RSS want, it is not only the term secularism which will go, but equality, liberty and fraternity as well. For secularism is nothing but the equality of all religions in the public sphere and fraternity across religions and caste as practiced by individuals in their public and personal capacities.
Indian constituent is a written document it can be change through amendment only. The basic structure of the Constitution should remain same. The Constitution of India is open to interpretation by the Supreme Court after understanding the society and the basic foundational values of the constitution.
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