Editorial #1 Wounding the spirit of the Constitution of India
Wounding the Spirit of the Constitution of India: An Analysis
Introduction
The Indian Constitution, with its Preamble declaring India as a sovereign, socialist, secular, democratic republic, is the cornerstone of our democracy. It ensures justice, liberty, equality, and fraternity for all citizens. However, recent events at the Allahabad High Court highlight a severe challenge to these constitutional values. A sitting judge, Justice Shekhar Kumar Yadav, made a speech that allegedly undermines the Constitution’s spirit, creating ripples of concern across the judiciary and the citizenry.
This incident is a critical juncture to evaluate the sanctity of judicial propriety, the role of constitutional guardianship, and the collective responsibility of citizens in safeguarding the ideals enshrined in the Preamble.
Judicial Speech and Constitutional Integrity
Justice Yadav’s speech, reportedly incendiary and discriminatory, has sparked outrage. It is alleged to incite violence and foster religious bigotry, damaging the secular fabric of the nation. This episode highlights:
- Erosion of Judicial Propriety: The judiciary, being a guardian of constitutional values, is expected to uphold the principles of justice, equity, and impartiality. Justice Yadav’s alleged remarks are seen as a breach of this sacred duty, questioning the independence and impartiality of the judiciary.
- Public Accountability and Judicial Conduct: The High Court’s failure to immediately condemn the remarks underscores the need for judicial accountability. Silence in such cases risks normalizing divisive rhetoric, weakening public trust in the judiciary.
- Impact on Social Harmony: Such statements, especially from a position of power, exacerbate social tensions, encouraging mob violence and communal disharmony, contrary to the constitutional mandate of promoting fraternity.
Constitution as a Commons
The Constitution is not exclusive to the judiciary or legislators; it belongs to all citizens. Its essence lies in collective ownership and shared responsibility, grounded in the principles of democracy and pluralism. The incident necessitates:
- A Citizen-Centric Approach: Citizens must actively defend constitutional values through democratic means, including peaceful protests and public discourse. The spirit of satyagraha, as advocated by Gandhi and Ambedkar, serves as a powerful tool for upholding constitutional morality.
- Civil Disobedience as Constitutional Recuperation: When constitutional values are undermined by those in power, civil disobedience becomes a legitimate response. This aligns with the traditions of non-violent resistance embedded in India’s freedom struggle.
- Judicial and Political Independence: Justice Yadav’s alleged alignment with political ideologies highlights the dangers of judicial politicization. The judiciary must remain insulated from political influences to ensure unbiased interpretation and application of the law.
The Role of Impeachment and Judicial Reform
While impeachment proceedings have been initiated against Justice Yadav, their success is uncertain, given the political dynamics in Parliament. This raises critical questions:
- Effectiveness of Impeachment: The process, though symbolic, faces hurdles in the absence of bipartisan support. It calls for introspection on the mechanisms available to address judicial misconduct.
- Need for Judicial Accountability Mechanisms: A robust framework for addressing judicial impropriety is essential. This could include independent oversight bodies or revisiting the collegium system to ensure accountability without compromising judicial independence.
Conclusion: A Call for Collective Action
The Preamble begins with “We, the people of India,” signifying a collective and inclusive identity that transcends divisions. Justice Yadav’s speech challenges this foundational principle. Addressing such issues requires a united effort by citizens, judiciary, and political representatives to uphold constitutional values.
The way forward lies in:
- Strengthening judicial accountability.
- Reviving the spirit of satyagraha and democratic resistance.
- Ensuring constitutional education and awareness to empower citizens as active participants in democracy.
