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Is the Constitution of India unsafe?

Is the Constitution of India unsafe?

Prabha Gupta April 25,2024

Amidst concerns about the integrity of the Constitution, there’s a resounding assertion that the Constitution of India is immutable. Prime Minister Narendra Modi has reiterated this three times in the past week, stating, “Not even Modi, nor Baba Saheb Ambedkar, could alter the Constitution.”

Former Congress President Rahul Gandhi echoes a similar sentiment, suggesting, “Modi lacks the capability to amend the Constitution.” Additionally, Lalu Prasad has warned that anyone attempting to alter the Constitution will face public backlash.

Does this imply that the Constitution is secure from alteration? Despite 127 amendments, these changes aren’t considered fundamental alterations. How then can the Constitution be amended?

The only legitimate avenue for constitutional change is through amendments. While amendments don’t fundamentally alter the Constitution, they serve as the constitutional mechanism for change. Our Constitution has gained strength through such additions.

For instance, the inclusion of principles like socialism, secularism, and integrity through the 42nd Constitutional Amendment fortified our Constitution. Ironically, the BJP, which now criticizes these additions, once supported them. However, the BJP’s stance has evolved, favoring concepts like Hindutva and Hindu Rashtra instead.

This shift is evident in BJP and RSS leaders’ rhetoric, openly expressing their desire to revise the Constitution. The current debate about the Constitution’s integrity stems from the BJP government’s intolerance toward opposition and its transparent intention to reshape the Constitution.

Leaders within the BJP, including Anant Hegde, Jyoti Mirdha, Prem Kumar, Lallu Singh, and Arun Govil, have consistently advocated for constitutional changes, with no objection from the party leadership or Prime Minister Narendra Modi.

In light of this, when Prime Minister Narendra Modi asserts that not even Baba Saheb Ambedkar could amend the Constitution, it raises questions about whether the BJP considers itself the sole authority capable of altering the Constitution, excluding all others from this power.

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