We recently observed Constitution Day (November 26) in both Houses of Parliament. But how far does the Constitution have traction in popular imaginationIJ The Constitution does not celebrate our civilisational depth
On September 20, 1797, the US launched 44-gun frigate, USS Constitution, at Boston harbour. It was built under the Naval Act, 1794, legislated to raise a standing Navy for the new republic. The enactment’s purpose, as described in its preamble, was: “Whereas the depredation committed by the Algerine corsairs on the commerce of the United States renders it necessary that a naval force should be provided for its protection”.
For a long time, US ships sailing to Europe and elsewhere on the Atlantic faced the scourge of Arab pirates (corsairs) on the North African (Barbary) coast. Ships were captured, crew sold in slavery, or released on payment of huge ransom. Ships of several powerful European nations suffered this menace much longer, until an infantile US led by Thomas Jefferson advocated “millions for defence, not a penny for tribute”. That heralded the beginning of First Barbary War (1801-1805), America’s ‘First War on Terror’ on the Africa’s northern coast.
The US’s naming a ship, Constitution, to defend its liberty on international waters, is a testimony to the inspiring influence of the Constitution of the USA (ratified on June 21, 1788). It was not without reason either. The Preamble of the American Constitution reads: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for common defence, promote general Welfare, and secure Blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
Thus, more than just a paper document the Constitution became a ‘Weapon of liberty’, a term Walter lippmann used for the US Navy. Though India has emulated the “We, the People” from the US Constitution, our Constitution has largely remained a legal document.
We recently observed Constitution Day (November 26) in both Houses of Parliament. It was in connection with the 125 years of BR Ambedkar, better known as the architect of the Constitution of India. But how far does the Constitution have traction in popular imaginationIJ Prime Minister Narendra Modi, replying to a debate in the lok Sabha, said he had first read about the Constitution in Civics book in junior classes. The general view was that only those who studied law or appeared in competitive examinations needed to read the Constitution. He was not wrong. November 26, 1949, was the day the Constitution was adopted in the Constitution Hall (now called Central Hall) of Parliament.
We observe January 26 as the Republic Day to commemorate the day the Constitution was enforced in 1950. It is celebrated with fanfare with military parade, display of armaments and cultural performances. This is paradoxical on two counts: first, the Armed Forces had no contribution in the making of the Constitution; and second, the Constitution itself ignores the Armed Forces. Only Article 355 says that the duty of the Union is the protect States against external aggression and internal disturbance.
In fact, the ‘liberty’ referred to as in the Preamble of the Constitution, is liberty of thought, expression, faith, belief, faith and worship. It is not about India’s inalienable right to exist as a free state. It is strange that a nation that waged a long freedom-struggle failed to pay tribute to the idea of liberty in its Constitution. It is one of the reasons that the Constitution has failed to inspire ordinary Indians over the decades.
The Constitution of India may have its merit as a legal document. But it is without any cultural mooring. There is not a single word in the Constitution that celebrates India’s great antiquity as a civilisation, its perennial cultural heritage, its spiritual attainments, and wonderful gifts to humanity. Compare it with the latest Constitution of Egypt, 2014. Its Preamble runs into two pages, from which I quote an excerpt:
“Egypt is the gift of the Nile and the gift of Egyptians to humanity…. This is Egypt, an immortal homeland to Egyptians, and a message of peace and love to all peoples. In the beginning of history, the dawn of human conscience rose and shone forth in the hearts of our great ancestors, uniting their good intention to build the first central state that regulated and organised the life of Egyptians on the banks of the Nile. It is where they created the most amazing wonders of civilization, and where their hearts looked up to the heavens before earth knew the three revealed religions...”
What beautiful words, what profundity of feelings! India’s antiquity as a civilisation is comparable to that of Egypt’s. But our country’s Constitution reads like a negation of that civilisation. Generations who have lived and died for India hailed it as ‘Mother’. They said ‘Vande Mataram’ or ‘Bharat Mata ki jai’ (Glory to Mother India). Sadly, Mother India has no place in the Constitution.