Anyone growing up in India gets used to the fact that it is a democracy that gives its people the right to express and associate themselves. It is a matter of pride for them. The real life drawbacks in its application within India, while demoralising, serves to remind us of the ideal.
So, I was surprised to read about the requirement for a political party in India to swear
allegiance to the "principle" of socialism to be
registered with the election commission. Without registration with the election commission, there is no chance of contesting elections and effectively, this shuts the door on the right to express oneself and associate with fellow citizens, freely.
Till 1989, the only economic system that I knew was socialism. The textbooks I used and teachers I had, extolled its virtues without a fair discussion of alternatives. So, to me, communism was a success and socialism would make India better (which usually meant, beat pakistan in cricket). And then, came the fall of berlin wall and dissolution of USSR. It shook my faith in what I was taught and provided me an abject lesson in the error of ingesting information without scepticism. Add to it, the currency crisis in 1991 that led to liberalization of indian economy, my disillusionment with socialism was well under way. I didnt know much about capitalism except what I read from business magazines. So, for a long time, I didnt particularly care what economic system was followed as long as I had some way of living a comfortable life. As time has passed, I have realized that socialism was a worthless bill of goods that should have been consigned to the dustbin of history a long time back (analogy mouthed by Kamal Hassan's character in
Varumaiyin Niram Sikappu when hunting through a garbage dump). As is true about every indian divorced from the legal reality in India, I realize now I am completely out of step with respect to the indian constitution and its legal framework.
The
preamble to the constitution of india is very clear.
"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty- sixth day of November, 1949,do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
Only on further reading, did I realize the words
socialist, secular and
unity and integrity of the Nation were inserted during the poisonous regime that infected indian democracy under Indira Gandhi. These changes were part of the infamous
forty second amendment to the constitution. There were a whole host of changes as part of that amendment that cemented the socialist nature of the state. It is instructive to remember this amendment was passed during emergency. The amendment also placed directive principles of the state above fundamental rights of its citizens. The language in the amendment reflects the heady arrogance of unchecked state power as can be seen below.
"
THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976
Statement of Objects and Reasons appended to the Constitution
(Forty-fourth Amendment) Bill, 1976 (Bill No. 91 of 1976) which was
enacted as THE CONSTITUTION (Forty-second Amendment) Act, 1976
STATEMENT OF OBJECTS AND REASONS
A Constitution to be living must be growing. If the impediments to
the growth of the Constitution are not removed, the Constitution will
suffer a virtual atrophy. The question of amending the Constitution
for removing the difficulties which have arisen in achieving the
objective of socio-economic revolution, which would end poverty and
ignorance and disease and inequality of opportunity, has been engaging
the active attention of Government and the public for some years now.
3. It is, therefore, proposed to amend the Constitution to spell out
expressly the high ideals of socialism, secularism and the integrity
of the nation, to make the directive principles more comprehensive and
give them precedence over those fundamental rights which have been
allowed to be relied upon to frustrate socio-economic reforms for
implementing the directive principles. It is also proposed to specify
the fundamental duties of the citizens and make special provisions for
dealing with anti-national activities, whether by individuals or
associations.".
Only thing missing above is Indira taking out the portion on objective of socio-economic revolution, replacing it with
'garibi hatao'.
For all his faults, Nehru's intellect wouldnt have allowed him to exercise the unimaginable power his daughter exercised. There are unofficial claims about how Nehru wrote a letter, when he was prime minister, to the editor of a newspaper warning against giving too much power to himself. It also points to the difference between the Nehru and Indira. To my knowledge, Nehru was a socialist through and through but he didnt go so far as to enshrine it in the constitution even though he could have if he wanted to, in 1950. His daughter was far more petty in her exercise of political power and showed up socialism for what it was, an empty slogan that assured India was on its way to ruin. But then, Nehru lost the war with china while Indira won one against Pakistan. The aura of invincibility might have convinced Indira to go for it. It is also the first time the machinery of state is explicitly stated to be of greater importance than the people it is supposed to serve. It is an unfortunate legacy we still live with.
Some other 'gems' in our constitution that indirectly espouse socialist nature of the state include(from Directive principles of state policy):
Article 38 -
State to secure a social order for the
promotion of welfare of the people.
- The
State shall strive to promote the welfare of the
people by securing and protecting as effectively as it may
a social order in which justice, social, economic and
political, shall inform all the institutions of the
national life.
- The
State shall, in particular, strive to minimise the
inequalities in income, and endeavour to eliminate inequalities in
status, facilities and opportunities, not only amongst individuals but
also amongst
groups of people residing in different areas or
engaged in different vocations.
Article 41 - Right to work, to education and to public assistance in certain
cases.
- The
State shall, within the limits of its economic
capacity and development,
make effective provision for securing the
right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of
undeserved want.
Article 43A - Participation of workers in management of industries.
- The
State shall take steps, by suitable legislation
or in any other way, to secure the
participation of workers in
the management of undertakings, establishments or other
organisations engaged in any industry.
Article 43 - Living wage, etc., for workers.
- The State shall endeavour to secure, by suitable legislation or
economic organisation or in any other way, to all workers,
agricultural, industrial or otherwise, work, a living wage, conditions
of work ensuring a decent standard of life and full enjoyment of
leisure and social and cultural opportunities and, in particular, the
State shall endeavour to
promote cottage
industries on an individual or co-operative basis in rural
areas.
Article 47 - Duty of the State to raise the level of nutrition and the standard of
living and to improve public health.
- The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health
as among its primary duties and, in particular, the
State shall endeavour to bring about
prohibition of the consumption except for medicinal purposes
of intoxicating drinks and of drugs which are injurious to
health.
Article 48 - Organisation of agriculture and animal husbandry.
- The
State shall endeavour to
organise
agriculture and animal husbandry on modern and scientific
lines and shall, in particular, take steps for preserving and
improving the breeds, and
prohibiting the slaughter, of
cows and calves and other milch and draught cattle.
Article 51A - Fundamental Duties.
- It shall be the duty of every citizens of
India
- to strive towards excellence in
all spheres of individual and
collective activity so that the nation constantly
rises to higher levels of endeavour and achievement.
In addition to the constitution, the representation of people act of 1951 governs who can contest the elections in India. As
part IVA - REGISTRATION OF POLITICAL PARTIES(Registration with the Election Commission of associations and bodies as political parties) states,
"The application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear
true faith and allegiance to the Constitution of India as by law established, and to the principles of
socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India."
The above part seems to have been passed in 1989, based on references provided. I am not sure who pushed this through but given the "stellar" group of politicians we had at that time(V.P.Singh, Rajiv Gandhi, Advani et al), it isnt a surprise there wasnt any objections raised. The meltdown in foreign exchange reserves was still 2 years away.
The number of amendments to indian constitution also means it has become unwieldy. There is a good argument to be made that a party wishing to follow libertarian policies can sign the pledge to be socialist and maintain a schizophrenic existence. It only needs to worry about its identity the day indian voters understand what their rights are and get ready to demand it. However, it doesnt augur well for the democratic nature of indian polity that the constitution requires allegiance to a discredited economic system. While good arguments can be made for the other items in the list, socialism sticks out like a sore thumb. The current indian economy has moved away from socialism (mostly) and it would come as a surprise to the youth of India that their prosperity is assured by economic policies that bear no relation to what is enshrined in the constitution. A day might come when politicians would want to go back to socialism and the constitution would provide them with every justification to do that even if it means crushing the dreams of a bright future.
