( Text of a Plenary Lecture at ISSA by Dr. KS Sharma  is given below, on the eve of  70 years of Indian Republic.  43rd Indian Social Science Congress was held, by  the Indian Social Science Academy-ISSA, January 17-21, 2020, at Bengaluru Central University, attended by hundreds of  scientists and social  scientists from all over India.

 It was held with the Focal Theme, Current Science Of Nature-Human-Society In India.

The ISSA believes all sciences are social, and division between social and natural sciences is artificial, as they are indivisible.

This Paper was presented by  Dr.K.S. Sharma, who was a past President, Indian Social Science Academy, as a Plenary Lecture on January 19, 2020. )

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This Paper is being presented on the eve of the Indian Republic stepping into the 71st Year on 26th January 2020,  and is aimed at expounding what happened during the past seven decades of the Republic and is entitled: “A Critique: Seven Decades Of The Decaying Republic:  Indian Democracy Unmasked.”

The title may appear a little harsh,  but portrays the hard and incontrovertible facts that have transpired in the last seventy years after the Constitution of India was promulgated on 26th January 1950.

This paper, begins with a peep into pre-1950,  with a view to enable a clear understanding of the origin of the Indian Constitution,  which only would help us to understand the character of the Constitution and throw new light on the actual on-goings in this country,  and then make a quick survey into the farce encompassing the Five goals incorporated in the Preamble of the Constitution,  I.e., Secular, Socialist, Democratic, Sovereign, Republic,  and then expound three other concepts Nationalism or Fascism,  Left Opportunism,  Erosion of Constitutionalism presenting A Blue-Print for the Future.

Thus this Paper makes a ten-fold presentation under the following heads:

[1] Making of the Indian Constitution

[2] Transfer of Power – 15th August 1947 – called as “Independence.”

[3] Sovereignty or Servility?

[4] Democracy or Serfdom ?

[5] Socialism or CRONY Capitalism ?

[6] Secularism or Communalism ?

[7] Nationalism or Fascist Jingoism ?

[8] Republic or Neo-Colonialism ?

[9] Erosion of Constitutionalism,  and

[10] A Blue-Print for the Future.

Let me concisely expound these concepts.

  1. 1. Making of the Indian Constitution

I have given a detailed analysis relating to the history of “Making of the Indian Constitution” in the work entitled Indian Constitution Unriddled,  which I have co-authored with a veteran Scholar, Sri S.G. Nadgir, and published by Purogami Sahitya Prakashan, Hubli in 2015.  In this Paper I only give the salient aspects.  They are as follows:

[a] The Constituent Assembly,  which finalised the Constitution of India,  1950,  was formed on 9th December 1946,  under the authority of the Govt. of India Act, 1935,  which has itself a very dubious history.  Mark the most important fact that the Constituent Assembly was constituted more than eight months before 15th August 1947,  when India was supposed to be declared independent.

So firstly,  the Constituent Assembly,  which framed the Constitution for India,  was constituted by the British imperialists,  while they were ruling India.

Secondly,  it was constituted under the Govt. of India Act, 1935,  a British made Law.

Thirdly,  it is very important to analyse the composition of the Constituent Assembly.

[i] Constituent Assembly was a body elected by the Provincial Assemblies, which were constituted under the Govt. of India Act, 1935,  which was enacted by the British Parliament.

[ii] The Provincial Assemblies were elected on the basis of the Communal Award and the Poona Pact.

[iii] These Provincial Assemblies were elected on the basis of limited franchise and not adult franchise.

To put it concisely,

[i] Provinces were to elect 292 members,

[ii] Indian States (I.e., Princely States) were allotted 93 Seats.

[iii] Seats in each province were distributed among three main communities,  Muslims, Sikhs and General,  in proportion to their population.

[iv] It was elected by a limited franchise, by tax-payers or the educated, and constituted only of the upper classes (landlords, capitalists, and the Princes).

[v] The entire Electorate was about 11% of the Population.

Such is the Constituent Assembly which gave India the Constitution Of India, and this Constitution which was promulgated on 26th January 1950,  in The Preamble states :

“We The People Of India give to ourselves this Constitution.”

What a farce and what a paradox?

Could 11% population who elected the Constituent Assembly, who made this Constitution,  be called “People Of   India?”  Could the Constitution adopted by the Constituent Assembly,  which comprised  Members elected on communal basis,  and by the Nominees of Princely States, and by the big feudal landlords, the educated and Tax Payers…Can this be the Peoples Constitution of India?

Indian Constitution is neither Sovereign, nor that of the People of India,  it was a Constitution framed by representatives of the elite, communal representatives and the nominees of the Princes of India.

These facts about Making of the Constitution shall not be forgotten.

Further  mark  the criticisms of “Constituent Assembly” by the Congress,  by Nehru,  and other leading lights.

Pandit Madan Mohan Malaviya, President of the Congress, said “It will be tyranny of one community over another and it is this despotism which the Communal Award seeks to entail.”

Congress also had said “The Cooperation with the Govt. of India Act, is a betrayal  of India’s struggle for freedom and strengthening of the hold of British Imperialism”.

Nehru had said then that when India became independent, we will have a new Constituent Assembly,  elected through adult franchise,  which will frame a New Constitution for India.  He had called the Govt. of India Act 1935,  a Charter of Betrayal.

All these statements were flouted by the very leaders who made them,  and the Constitution of India framed by the Constituent Assembly,  a product of the “Charter of Bondage” is in place from 26th Jan. 1950,   and has completed 70 years!  What a tragedy and what a paradox !

  1. 2. Transfer of Power – 15th August 1947, called as “Independence”

Let me present a few historical facts,  which will bewilder you,  about what happened on,  before and after 15th August 1947 which is called as “Declaration of Independence,”  The question is,  was it declaration of Independence?  Let us examine.

Let us examine the Title of the Indian Independence Act, 1947.  It reads as follows:

An Act to make provision for the setting up in India of two Independent Dominions,  to substitute other provisions for certain provisions of the Govt. of India Act, 1935, ……………………..” (18th July 1947)

The New Dominions:-

[1] As from fifteenth day of August nineteen hundred and forty seven,  two independent Dominions  shall be set up in India,  to be known respectively as India and Pakistan.

[2] The said Dominions are hereafter in this Act referred to as “the New Dominions” and the said fifteenth day of August is hereafter referred to as the appointed Day.”

  • This Act got the Royal assent on 18th July 1947.
  1. Sovereignty or Servility?

Please Note the Oxford Dictionary meaning of “Dominion”.  It says – “Dominion (historical) is a self governing territory of British Common Wealth.”

Hence India and Pakistan the Two Dominions,  were set up as India and Pakistan,  in British India.

These two New Dominions would have a common Governor-General and Lord Mountbatten would stay in this capacity.  Both would have a Common Boss.

Further,  the Indian Army continued to be under the Supreme Command of the British Commander-in-Chief, General Boucher for two years from August 15, 1947.

The same Bureaucratic Administrative structure continued,  the same Parliamentary Model continued and the same Judiciary System also continued.  A last nail in this transfer of power needs to be marked.

This is an extract from the Viceroy’s personal report dated 16th August 1947 – marked as “Top Secret and Personal”.  It says:

“At 6-00 p.m.,  the great event of the day was to take place – the salutation of the NEW DOMINION FLAG.  This programme had originally included a ceremonial lowering of the Union Jack,  but,  when I discussed  this with Nehru,  he entirely agreed that this day they wanted everybody to be happy,  and  if the lowering of the Union Jack in any way offended British Susceptibilities,  he would certainly see that it did not take place,  the more so as the Union Jack would still be flown a dozen days a year in the Dominion.”

Further, new India led by Nehru promised India would continue to be part of Common Wealth, led by the British Crown.  Indian continues to be so till date.

Can we call 15th August 1947,  as “Independence Day?”  India only emerged as the “Dominion” of British India,  continued to be a member  nation of the British Common Wealth with the King or Queen as Head of the Common Wealth.

What happened on 15th Day of August 1947,  was only a Transfer of Power from British Imperialists to the Indian Ruling Classes,  the Bourgeois and the Land Lords,  and the entire Legacy of British continued whole-sale in India.

Thus we have no alternative than to say that India did not emerge as a SOVEREIGN Power but emerged as a Dominion of British Common Wealth,  with total servility.

Under this head,  Let me also make a brief statement on the nature of the Constitution of India,  promulgated on 26th January 1950,  seventy years ago.

The Constitution of India,  which had 395 articles,  copies either verbatim or with slight changes,  250 articles from the Govt. of India Act, 1935,  which was called by Nehru as the Charter of Bondage.  That means  60% of the Govt. India Act, 1935, became part of the Constitution of India,  1950.  How could such a constitution be sovereign?

I quote here what G.D. Birla,  the outstanding leader of Indian big bourgeoisie – one of the mentors whom, as Gandhi said, “God has given me” –   said about the Indian Constitution:

“We have embodied large portions of the 1935 Act,  as finally passed, in the Constitution,  which we have framed ourselves,  and which shows that in it, the 1935 Act, was cast the pattern of our future plans.

This statement reveals beyond an iota of doubt that the British imperialists and the Indian Bourgeoisie were in collision even since 1935,  and the Constitution of India, 1950,  put a final seal of approval on the “Transfer of Power” from the British Imperialists to the Indian Ruling Classes.

Let me place on record,  a very important statement of Ram Manohar Lohia, in his book Guilty Men of India’s Partition,  wherein he said Nehru and Patel conspired with Mountbatten by agreeing for Partition of India,  by keeping Gandhiji in the dark,  and both the leaders persuaded Gandhiji to consent to their agreement with Mountbatten.  This again needs to be remembered.

  1. Democracy Or Serfdom ?

India adopted “Parliamentary Democracy” as a mode of Governance under the Constitution of India.  At the outset,  I shall quote Dr. Babasaheb Ambedkar, who went on record in 1943, about his candid views on Democracy.  He said: “Parliamentary Democracy is not the best form of governance.  If India adopts Parliamentary Democracy it would lead to hereditary ruling classes ruling the hereditary ruled classes.”

When we analyse the Seven Decades of Indian Democracy in practice,  we are aghast to find how prophetic was Dr. Ambedkar.

Let us analyse the developments concisely.

As there are Business Houses,  after the birth of the Indian Republic in 1950,  ushering in electoral politics as the bed-rock of parliamentary democracy,  Political Houses have taken birth, as we pointed out ling ago, and are flourishing.  It started with the oldest Political Party,  the Congress,  turning hereditary : Nehru,  Indira Gandhi, Sanjay Gandhi,  Rajiv Gandhi, Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi etc.  While this is a continuing phenomenon,  almost every party without exception,  including the BJP,  which day in and day out lashes out at the dynasty politics in Congress,  is no exception to dynastic politics.

In the North,  to quote a few examples,  Lok Dal, BKD, BJD, JDU, SP, RJD, Apna Dal, Akali Dal…and in the South, JD(S), DMK, AIDMK, PMK, NCP, Shiv Sena, TDP, TRS, YSR Congress etc. etc.  These parties are also led by billionaires (not millionaires).  All of them are controlled by the new Political Dynasties.

BJP has its own share in Dynasty politics

Let us  probe with BJP’s Dynasty politics to establish that it is not a Party with a difference,  as it claims to be.  Let us list the political families of BJP,  Scindias,  Fadnavis, Pramod Mahajan etc.

Lok Sabha Data shows,  BJP has a number of “dynasts” among the elected Parliamentarians.  From 1952,  India’s list Parliament,  the bio-datas of 4807 Parliamentarians have been analysed. (India Spend analysed data compiled by researchers of Harvard University and University of Mannheim, Germany.)

Here is a glimpse:

In 1999,  Congress had 36 dynastic MPs elected,  BJP has 31 from dynasties.  In 2009,  Congress had 11% MPs from Dynasties and BJP had `12% MPs from dynasties.

In U.P, of the 51 dynasties – 17 belonged to BJP, 15 belonged to Congress,  4 of BSP, besides that of Mulayam Yadav and others.

BJP has its own political Houses of  Vasundhara Raje etc. Most of the BJP CMs, Deputy CMs and Ministers have their Political Successors.

BJP’s allies have full of political dynasties.  Like Badals in Punjab, Thackreys in Maharashtra (now the alliance is broken), Paswans in Bihar, Nitish Kumar’s family in Bihar , Mufti’s family in Kashmir etc.

Modi’s Cabinet at the Centre is a Centre of Dynastic Leaders.  Ex: Piyush Goel, Ravishankar Prasad, Maneka Gandhi & Varun Gandhi, Kiran Rijiju, Jayant Sinha, Dharmendra Pradhan  are only examples.  So who is not a Dynast?

With scores of dynasties ruling India, it is feudal democracy.

 It is only a democracy in name, but, in practice, Moneyocracy,  Mafiacracy, Dynastyocracy .  See the following data of the in the current Loka Sabha: Out of 539 MPs,  there are 475 Crorepathies, meaning 88% crorepathies. Out of 539 MPs, 233 declared Criminal cases against them.  Hence 43% have Criminal antecedents. 25% of MPs hailed from Dynastic background.

Not a genuine representative democracy:

“Electoral democracy in India is anything but democratic.  It is a mockery of democracy.  The claim of mandate is hypocrisy.

The record mandate” claimed by BJP in recent past, i.e., 2019, is backed by a vote lower than the vote polled by Indira’s Congress in her worst period.

In 1977,  Indira Gandhi was defeated by a combined opposition, anti-Congress alliance, which was called as Janata Party.  Congress led by Indira won 153 seats and got 189 seats including her allies.  Congress got 34.5 percent and the alliance got 41 percent of the polled vote.  In 2014,  Modi-led BJP got 31.4 percent and the NDA (with all Allies of BJP) got 38 percent vote.  The above statistics show that Modiled BJP in 2014 got votes less than Indiraled Congress in 1977, when the latter was routed.  

In 2019,  BJP polled 37.4 percent and NDA polled 45 percent.  Modi in Varanasi polled 63.6 percent votes out of 59% votes polled,  which accounts for only 38.4% of the total votes in Varanasi.  It is universally acknowledged that a mandate is said to be won if a clear 50% of polled votes are obtained.

By this standard, MODI neither had a mandate in 2014 nor in 2019, as BJP never scored 50% of polled votes either in 2014 or in 2019. No party or alliance in India ever polled  above 50 percent votes.

Hence Electoral Democracy is not a genuine Representative Democracy and hence a mockery of Democracy.

Mark Dr. Ambedkar’s words:

“Parliamentary Democracy has never been a government of the people  or by the people and it has never been a government for the people.

Indian Democracy can be well described as, “Crorepathyocracy;  It is a government of the Crorepathies, by the Crorepathies, for the Crorepathies.”  It is also,  A Rule by criminals and a rule by dynasts.  Real peoples democracy is only an illusion in India.

  1. Socialism or CRONY Capitalism ?

The Preamble of the Constitution of India,  incorporates “Socialism”  as one of its goals.  This concept was added to the Preamble by the 42nd amendment of the Constitution of India during Emergency (1975-77)  by Mrs. Indira Gandhi.  In this context it is important to recall what transpired during the Constituent Assembly Debates.

Minoo Masani proposed that the prefix Socialist shall be added to India and will you believe who among our national leaders opposed this proposal ?   It was none other than Jawahar Lal Nehru, the one who became the first Prime Minister of India,  and this explains,  the so-called efforts he made to introduce Socialism in India during his tenure as Prime Minister. When the group of Socialists within the Congress were becoming more vocal and when Communists were gaining hold in India. In Avadi (1955) Session of the Congress,  Nehru declared his commitment to usher in “a Socialist Pattern of Society.”  Indeed this was a mask in order to preserve the Vote Banks of the Congress Party.  When the group of Socialists within the Congress became vocal. In Awardi Congress he declared “Socialist Pattern of Society”.

How can any one forget the incontrovertible fact of history,  that when his daughter, Mrs. Indira Gandhi was President of All India Congress,  on her advice,  he superseded the first-ever elected  Communist Govt. of the World, under the Chief Ministership of EMS Namboodiripad, and introduced Governor’s Rule there : A blatantly undemocratic Act by misusing Indian Constitution.  Later,  Mrs. Indira Gandhi became the Prime Minister of India,  by overthrowing the veteran Congress leaders,  vertically splitting the Congress and forming Congress (Indira). She set up V.V. Giri  as Presidential Candidate,  not only got him elected but retained power for her minority government with the direct support of the Communist Party of India.  She even succeeded in winning over some leading Communists to join Cong(I).  The Communists like Rajini Patel, Mohan Kumar Mangalam secretly said,  we will establish Socialism in India,  by usurping power from within.  These so called Leftists even supported the Emergency declared by Mrs. Gandhi in 1975,  and the result was 42nd Amendment to the Constitution by adding “Socialism” and “Secularism” to the Preamble of the Indian Constitution.  Mrs. Gandhi also went ahead with the Nationalisation of Banks,  abolition of Privy Purses, which were considered as “Solcialist reforms”.  She used the slogan “Garibi Hatao” to win over the Socialists and the Communists and to regain Congress Vote Banks.

The paradox of all this was that Emergency during which all the fundamental rights including the Fundamental Right to Life were suspended,  only helped the comprador Industrial Capitalists to increase their production and grow richer,  as industrial strikes were banned. The question was,  was “Socialism”  her goal or consolidation of power her avowed objective?  This Black and Despotic Rule of Mrs. Gandhi,  set off the Nav Nirman Movement led by Jaya Prakash Narayan, and when the General Elections were declared to Lok Sabha,  after revocation of Emergency in 1977,  the bringing together of all anti-Congress Parties,  from extreme right Jan Sangh to the  left CPI and CPI(M),  led to the utter defeat of Mrs. Gandhi-led Congress(I), and the emergence of the first non-Congress Govt. at the Centre in India,  under the Prime Ministership of Morarji Desai.

This was a turn to the Right,  and with the pre-mature  and engineered fall  of Janata Govt, we  saw the emergence of the first BJP-led NDA under Atal Bihari Vajpayee’s Prime Ministership.  It is curious but interesting to learn that even A.B. Vajpayee was tempted to declare that his Govt. would bring in “Gandhian Socialism.”  Thus was also only a part of Vote Bank Politics.  After the fall of Vajpayee  Govt.  We saw the resurgence of  Mrs. Indira Gandhi again.

From Nehru to Vajpayee Via Mrs. Indira Gandhi,  there were at least pronouncements of “Socialism” by the Powers that be,  though they were only SHAM and were all socalled Socialism behind the MASK of socalled Democracy. The Congress(I) regime that followed under the Prime Ministership of P.V. Narasimha Rao,  and with Dr. ManMohan Singh as Finance Minister,  spread a Red Carpet welcome to the trio of Globalisation,  Privatisation and Liberalisation (LPG). This was hitting the last nail in the Coffin of “Socialism” and  the ushering in of neo-liberalisation and neo-colonisation under the hegemony of the Super-Power, United States of India.

Thus came the ultimate burial of so-called Socialism, even as a slogan by Indian Ruling Classes.  It was through a continuation of opening the doors to a flood of  foreign Capital and multi-national corporations (MNCs) to India.  What began,  thus in India in 1990,  has reached its climax from 2014 to 2020,  with the coming to Power of Narendra Modi as Prime Minister of India.  His slogan “Make in India,”  as distinctly opposed to “Made in India” marks the marked ascendency  of  “comprador crony  capitalism” in India,  though India continues to be a Semi-Feudal and Semi-Colonial country.

Let us mark the ultimate result of Seven Decades of the Indian Republic.

A Survey by the well-known OXFAM states as follows:

“India’s top 1% of the Population now holds 73% of the wealth (it was 58% an year ago),  while 67 Crore citizens comprising of the country’s poorest half saw their wealth rise just by 1% . “Top 9 billionnaires of India have wealth equal to that of bottom 50% of Indian population.”

  1. Secularism Vs. Communalism

Now let us proceed to deliberate on the next Head, “Secularism Vs. Communalism.”

It may be recalled that the 42nd Amendment to the Indian Constitution effected during the Emergency regime of Mrs. Gandhi,  added “Secularism” to the Preamble of the Indian Constitution.

What is to be marked is that with the launching of the “Rath Yatra” by Veteran BJP Leader Lal Krishna Advani,  followed by the demolition of Babri Masjid in Ayodhya on 6th December 1992,  we saw the ascendancy of Hindutva and the intensification of Communalism in India. Narendra Modi, fueled by post-Godhra pogrom, assuming Power as Prime Minister of India in 2014 and getting re-elected in 2019 with a “thumping majority” and occupying the Seat of Power for the Second Innings,  led to the Climax of Hindutva Politics.  This has been assuming various notorious and nefarious forms.

Hindutva Politics : From Hidden to the Brazen

To cite a few examples :

[1] SAVE THE COW Campaign,  leading to mob lynchings,  accusing particularly Muslims and Dalits as either eating beef or keeping beef at home.

[2] Compelling Minorities, to chant Jai Sriram and on the plea that they refused to do so, LYNCH them to death.

Thus the Sangh Pariwar unleashed its foot soldiers as “Go Rakshaks”  and “Ram Sena” to take law into their own hands and massacring the Muslims and Dalits.

Uttar Pradesh under the Chief Ministership of Yogi Adityanath, has witnessed more than 3,000 Encounter killings,  police were given a free hand to shoot and kill, and such policemen were rewarded with promotions.

Particularly  the Modi 2.0 regime,  with Amit Shah as the Home Minister of India,  has used the Lok Sabha Majority to  arbitrarily abrogate Article 370, to split and reduce the State of Jammu and Kashmir into two Union Territories, J&K with its own Assembly and Ladakh as an UT without Assembly.  This is part of the hidden agenda of Hindutva politics, ripened and open.  There is in Kashmir, for the last Five and a half months,  total ban of Inter-net, continuous clamp of Section 144,  crippling the life of the People of Jammu and Kashmir,  and putting under house custody top leaders of National Conference, like Abdullahs (father and son),  and other Political Leaders and totally balkanising Jammu & Kashmir.

This has been followed by the passage of Citizen Amendment Bill by both Lok Sabha, and managing to get it passed in Rajya Sabha also, even though BJP is in a minority there, by engineering the support of non-NDA regional Parties.  With President’s assent Citizenship Amendment Act (CAA) is now in force.  There has been a spate of agitations throughout the Country.

In the Jamia Millia Islamia (JMI)  University campus,  the Police have trampled on the students in their library and unleashed violence against them.  In the Aligarh Muslim University students protesting CAA have been subject to violent attacks by the Police.  JNU Campus has been literally the vortex of Protests.  It is reported that the VC in collusion with the Police has allowed masked goondas to attack the protesting students’ leaders in the Campus.

Vast sections of the people, more so of the student community, are now on rebellion against the CAA -NRC etc. While the protests against CAA are snow-balling, the entire government and the BJP under the stewardship of Prime Minister Modi and Home Minister Amit Shah have launched an out-reach programme,  even planning house-to-house Campaign,  to assert  that CAA does not take away citizenship but it only gives citizenship.  This evidences that the Modi Govt. is shaken and shocked at the increasing protests and is on an out-reach to save their power.

BIP,  during Modi-2 has come out openly to implement the Hindu Raj Pronouncement of V.D. Savarkar. Communalism’s upsurge has unleashed nation-wide rebellion. This is the scenario of Secularism Vs. Communalism,  and Divisive Politics Of Hindutva Cohorts is destroying the formal secular fabric of the Indian Republic.

  1. Nationalism Vs. Fascist Jingoism

Now let us take up the next head “NATIONALISM Vs. JINGOISM”.

Nationalism and Patriotism have been marketized and Corporatized.

The slogan now is any one who speaks anti-Modi, or anti-Shah are anti-national and pro-Pakistan.  A Central Minister said anyone who is anti-Modi be shot dead like dogs.  The Home Minister Amit Shah says,  we will Jail those who are anti-National,  meaning anti-Modi.  We are reminded of D.K. Barooah,  the Congress President during Indira’s rule who gave the slogan  Indira is India,  during emergency, then opposed by Sangh parivar too.

 Now the trend is Modi is India; forget not, this is undeclared emergency.

49 intellectuals who wrote an open letter requesting PM Modi to intervene and stop mob lynching by Hindu Zealots,  who lynch those who refuse to say Jai Sri Ram were issued non-bailable warrants and charges of sedition by a Patna Court.

Let us note that 106 top Ex-Bureaucrats, including IPS and security officials,  have “appealed to Citizens” to oppose CAA-NRC-NPA. Are they all anti-nationals?

These are all steps to establish a HINDU RAJ as conceived by V.D. Savarkar.  In th name of Cultural Nationalism, HINDU Nationalism is being equated to Patriotism.  This is fascism and jingoism of the day.  Anything said against MODI AND SHAH is anti-National.  Such people are either booked for sedition and put behind bars or the police shoot them down in the name of encounters.

It is pertinent to note here the classical statement of Karl Marx who said as follows:  Bourgeois Nationalism and Proletarian Nationalism are the two kinds of Nationalism. Bourgeois Nationalism is nothing but Bourgeois Dictatorship. This has to be slightly amended:  We have in India to-day under MODI-SHAH, Religious cum Bourgeois Nationalism,  and is nothing but Bourgeois-ReligiousFascism. This is also a variant of  jingoism.

  • Republic or Neo-Colonialism ?

I have illustrated the birth of a Dominion called India,  which was born on 15th August 1947,  under “An Act of 1947 to confer Dominion Status to India and Pakistan” , and on 18th July 1947 got British Royal assent. Thus India became a Dominion of British Commonwealth and it was continuation of Colonialism In a New Form.  On 26th Jan. 1950,  when the Constitution Of India,  was promulgated this Indian Constitution by adopting 250 Articles of Govt. of India Act, 1935,  of the 375 Articles of the Indian Constitution,  continuing as Member of British Common Wealth,  and adopted all the British made laws before 1947,  to continue as the Laws of India establish beyond doubt continuation of British Colonialism in India.  After 1950,  India continued under the neo-imperialist Super Power America,  as a Junior Partner.  With the adoption of Globalisation-Liberalisation-Privatisation as India’s policy in 1990,  Indian Republic which was already a British Colony  surrendered to American Super Powers neo-Imperialism and became a neo-colony of America.  Thus India to-day is not a Republic but a neo-Colonial State under the aegis of Neo-Imperialism.

  • Erosion of Constitutionalism

The analysis presented supra,  while presenting the five goals of the Constitution of India, i.e., Socialism,  Secularism,  Democracy,  Sovereignty and the Republic,  established beyond an iota of doubt the title of my presentation, Seven Decades Of The Decaying Republic  and thus showed how the Erosion of Constitutionalism is taking place.  Indeed all these goals have been  almost buried and the Constitution of India is becoming almost non-existent.

Under this Head I am only adding some of the recent developments which further establish its erosion.

[i] The recent enactment of the Citizenship Amendment Act,  is an added dimension of anti-Constitutionalism.  This is the first amendment  which is based on religion and is discriminatory of Art 14 and 16 of the Constitution of India.  It eliminates the Muslims from the purview of “fast track” grant of citizenship,  while it includes Hindus, Christians, Sikhs, Jains, Buddhists from Pakistan, Afghanistan and Bangladesh,  in granting citizens after Six Years of stay instead of eleven years as provided in the Citizenship Act.  The United Nations Human Rights Commission has called CAA ultra-vires the Constitution of India.

In the U.S. Congress,  a resolution has been passed demanding the U.S. Govt. to ban Amit Shah from entry into U.S. for mooting the Citizenship Amendment Bill which is anti-minority and religion-based.

The European Union has condemned  the CAA as ultra-vires the Indian Constitution.

Similarly, the OIC, Organization of Islamic Cooperation,  has condemned the CAA as anti-Muslim and hence unconstitutional.

In all 87 countries of the world have opposed the CAA.

There are two State Assemblies, in Kerala and Punjab, that have passed resolutions demanding the withdrawal of the CAA as unconstitutional and against federalism.  Kerala has filed a petition under Art. 131 of the Constitution of India. Punjab is likely to follow suit.

There are already 61 Petitions filed before the Supreme Court challenging the CAA,  and praying for the declaration of CAA as ultra-vires the Constitution.

Now the question is,  will the Supreme Court hold the CAA ultra-vires the Constitution?  Let me conjecture a guess based on the recent judgments of the Supreme Court : one, in the Rama Janmabhoomi Case and the Second, in the Petitions challenging the indefinite ban on Internet in Jammu & Kashimir after abrogation of Art. 370,  and the indefinite clamping of Sec 144.

In the Rama Janma Bhoomi case the Constitution Bench of the Supreme Court headed by CJI K.Ranjan Gogoi, after day to day hearing of the case for 41 days,  gave a unanimous Judgment.  It was unprecedented in a way because the Judgment though unanimous did not disclose the name of the Author of the Judgment. Even the Appendix to this Judgment which detailed the issue of Rama Janma Bhoomi did not carry the name of the Author.

All of you are aware of the Judgment. The entire area of nearly 2.5 acres,  where the Babri Masjid stood in AYODHYA and was demolished by Hindu Kara Sevaks,  was allotted to build the Ram Mandir.  An alternate site anywhere else in Ayodhya was to be given to Muslims to build the Mosque.  While some critics have called this Judgment “pragmatic”;  other critics said the judgment is influenced by the “majoritarian rulers”.

In the Judgment related to indefinite Internet Ban and indefinite Clamping of Sec 144 in J&K,  the three Judge Bench presided over by Justice Sri N.V. Ramana, ruled that Indefinite ban on Internet violates the fundamental right of speech, expression and trade etc. And regarding Sec 144 it held that reasons should be given for clamping Sec 144 which would  facilitate a “Judicial Review”.  The Court gave directions to the Govt. to review the Ban on Internet use within the Week.  But mark this,  the Supreme Court did not set aside any of the orders,  which have been in vogue for more than five and a half months!  What do these Judgments point to?

I would say regarding the 62 Petitions before  the Supreme Court,  that the litmus test would be not by the way it decides the Constitutional validity of CAA.  But whether the Judgment it would give in these cases would be in accordance with the provisions of the Constitution of India?

WE will have to wait and see. But don’t forget that S.C has warned: no hearing of these cases till violent protests against CAA!

In this context I would conclude this Head “Erosion of Constitutionalism” with a statement made by Dr. Ambedkar in the Rajya Sabha on September 2, 1953.  He said:

“People always keep saying to me, “Oh you are the maker of the Constitution.  My answer is,  I was a HACK.  What I was asked to do,  I did much against my will.”

[Oxford Dictionary meaning of HACK – a person hired to do routine work].

He further said:  “You want to accuse me of your blemishes?  Sir,  my friends tell me that I have made the Constitution.  But I am quite prepared to say that I shall be the first person to burn it out.  I do not want it.  It does not suit anybody.”

[10]. A Blue Print for the future

Let me come to the last Part of this Paper:

As I am presenting this Paper to the cream of the intelligentsia of this country,  attending this 43rd Congress of the Indian Social Science Academy, I only leave a few suggestions for your considered contemplation.

[1] I quoted the latest report of the OXFAM which stated:

“India’s top 1% of the population now holds 73% of the wealth,  while 67 Crore citizens,  comprising of country’s poorest half,  saw their wealth rise by just 1%”

“Top 9 billionaires of India have wealth equal to that of bottom 50 percent of Indian Population”.  This is India’s achievement in the seven decades of the Republic!

 Does it not deserve to be described as a “DECAYING REPUBLIC?”

[2] Unless rural poor,  who constitute 70 percent of India’s population are mobilized, there is no solution; without them, no revolution can succeed in India.  Agrarian revolution is imperative,  with abolition of landlordism and land to the tiller as its axis. All other  solutions are supplementary to that.

[3] CAA-NRC-NPA are at the door steps of every Indian.  Protests from people,  protests from students and youths,  are galore.  There is Goebbels propaganda unleashed by MODI-SHAH regime,  and draconian measures are  hanging like a Democle’s sword on every body’s necks.  Fascist-Autocracy is reigning in India,  which smacks of Hitler And Mussolini. What is the role of the Intelligentsia?  What is the role of the working class and the peasantry?

Intellectuals shall awaken and come out to support help and guide these revolts.  There shall be people’s movements.  The only panacea to save this country and the exploited,  suffering masses of this country, is to defeat and bury fathoms deep the Fascist Autocratic Rule that is carrying on its demonish rule.

I appeal to the Intelligentsia to guide and take lead and the students and the suffering and exploited to rise in revolt.

Let us not forget,  the Second Independence struggle has commenced.  Let us take it to its logical end.

Thank You,

  • K.S. SHARMA

BENGALURU:- 19-01-2020

About the author

Dr KS Sharma, born 1934, is an activist-Professor still active at 86:  a retired and renowned Professor of Law, based at Hubli, Karnataka. He did his doctorate in political science, after retirement, on Indian State- From a Marxian Perspective.

He has been a leader of working class for over 45 years now, focused on unorganized labor, and as Founder- President of Karnataka State Govt. Dailywage Employees Federation, successfully organized one lakh dailywagers of Govt of Karnataka who got regularized after 30 years of struggle that included street battles and legal battles going upto Supreme Court.

Some of them were regularized, by a special enactment, in spite of  an adverse judgment by a Five-Judge Constitution Bench of the Supreme Court.

He is a great teacher, poet, writer, dramatist, literary critic, columnist, publisher, orator, and an activist-social scientist who was a Vice-President, then a President  of ISSA , Indian Social Science Academy, for sometime.

He is the Founder President of a group of Institutions including an ITI, Institute of Naturopathy and Yoga, an Ayurvedic College cum Hospital,  Dr. Da Ra Bendre (Jnana Peeth Awardee) Research Institute, Indian Institute of Marxist Theory and Practice, FMRRC- Fluorosis Mitigation Research and Resource Centre all located in Vishwa Shrama Chetana campus, Hubli.

Several of his writings were published in countercurrents.org, the journal he values and supports.

He may be contacted at : kssharmaji@rediffmail.com,

and kuvalaya_hubli @rediffmail.com.


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