Shashi Tharoor

Shashi Tharoor is a maverick polician but he is a qualified man. He is a Member of Parliament (Lok Sabha) and has been a junior minister in the Manmohan Singh Government.

Tharoor is a student of history. One expects that he must have read modern Indian history and kept himself abreast with post independent India. Our Parliamentary democracy is 68 year old. When he says, “Our constitution will not survive if the BJP wins elections in 2019 and retain power under the leadership of Narendra Modi’ he is trying to create panic among the people of the country. It is like spreading and promoting ‘cynicism’ in India. Had it come from someone branded anti-national or someone outside India trying to destablise and undermine our democracy one could understand, but coming the mouth of a man who himself is a law maker is baffling and beyond my comprehension.

He goes a step further to say that ‘there are elements in the BJP and in the RSS who will tear apart our Constitution’. All this canard from Tharoor is based on his apprehension that India will become a Hindu Rastra , Hindu Pakistan if Modi Government is voted back to power. What he means by saying India becoming Hindu Pakistan? He himself explains that India like Pakistan which is an Islamic nation where ‘minorities’ like Hindus, Christians and Sikhs are unsafe, unsecured and  are persecuted by the Pakistan Government would make this country unsafe for ‘minorities’.

Read briefly the history of communal violence and riots in India Tharoor. You will find that perpetrators of riots have been punished and jailed by the law of the land.

Tharoor I advise you to read if you have not read the speech of Mohan Bhagwat, the head of the RSS in Nagpur on 7 June, 2018. Sharing the dais with former President Pranab Mukherjee, Bhagwat said that the RSS believed in pluralism and it considers all Indiana as one. Read the text of Bhagwat speech carefully Tharoor before spreading the bogey of Hindu Rashtra. Prime Minister Narendra Modi has said time and again that his government is committed to Sabka Saath, Sabka Vikas; no discrimination on ground of caste or religion. In any case all Indians are Hindus since their ancestors were Hindus.

Hindu religion is oldest religion in the world. It is approximately 3500 year old. Sanskrit is known as the oldest language to be written down and to be encrypted, hence the Hinduism is to be considered as the oldest religion because the Hindu scriptures are primarily written in Sanskrit. According to western scholars, Rig Veda is the oldest and said to be approximately 3500 years old. It is much older than 3500 year if you take our scriptures Ramayan and Mahabharat.

Constitution will survive Tharoor

Tharoor says that the BJP government will tear the Constitution apart and make India a Hindu Rashtra. He says that the BJP when it gets two thirds majority in both Houses of Parliament and majority in half of the state legislatures which it already has, it can amend the Constitution to this effect, easier said than done. It is not possible to amend the Constitution that changes its basic structure.

Tharoor, you don’t have to create fear in the mind of the people of India that our Constitution will not survive. In Keshavannda vs State of Kerala case, the Constitution Bench of the Supreme Court had struck down 25th Amendment of the Constitution 1971 by Parliament saying that Parliament has no right to change the basic character and basic structure of Constitution of India.

The amendment was struck down by a majority judgment saying that the legislature is not authorized to make a law which violates provisions of Article 14 (Right to Equality), Article 19 (Freedom of Speech and Expression) and Article 31 (Right to Property) under Fundamental Rights given by the Constitution to the citizens of India.

In the Constitutional Law of India written by Justice (Retd) Bhagabati Prosad Mukkherjee and Prof BM Gandhi it is mentioned “ After the reaffirmation and extension of the applicability  of the doctrine of basic structure  or basic features in the Minerva Mills vs Union of India case (1980) it is now evident that so long as the decision in Keshavananda case is not overturned by another Full Bench of the Supreme Court (which must come only as an extraordinary event) any amendment of the Constitution is liable to be interfered with by the court on the ground that it affects one or the other of the basic features of the Constitution.

What are the basic features of the Constitution?” From various judgments of the Supreme Court some basic features or basic structure defined are as follows:

a.   Supremacy of the Constitution

b.   Rule of Law

c.   The Principle of Separation of Power.

d.   The Objectives specified in the Preamble of the Constitution.

e.   Judicial Review

f.    Federalism

g.    Secularism

h.   The  sovereign democratic republican structure

i.     Freedom and dignity of the individual

j.      The ‘essence’ of other Fundamental Rights in PART III

k.    The concept of social and economic justice- to build a welfare state

l.       Unity and integration of the nation

m.    The Principle of Equality

n.   The balance between Fundamental Rights (Part III) and Directive Principle (Part IV)

o.   The Parliamentary system of government

p.   The principle of free and fair election

q.   Limitations upon amending power of Parliament conferred by Article 368

r.    Independence of Judiciary

s.   Powers of the Supreme Court under Articles 32, 136, 141 and 142

t.   Effective access to justice

READ THE CONSTITUTION OF INDIA Shashi Tharoor and stop maligning Hindu community.