SHEETAL JHA
The 18th Lok Sabha election is going on and three phases have passed. Four more phases to go. In three phases, the Constitution and Reservation were the main talking points. Before the election, the entire media paraphernalia was dancing to the tune of Modiji. Modiji and his minions used to set narratives like ‘abki baar char sau paar’.
But after announcements of the election, the Congress is spearheading in setting the narrative and the ruling dispensation is scrambling to counter it. Starting from the imprint of the Muslim League in Congress manifesto to Inheritance Tax to reservation to Minority mainly Muslims to change in Constitution to Adani-Ambani donating tempo-loaded black money to Congress and lastly racial comments which didn’t even spare our most humble and simple President.
Here the possibility of change in the Constitution will be touched upon mainly. The framers of the Constitution have provided this flexibility to the parliament to amend it to suit the needs of the society and nation. There have been more than 100 constitutional amendments which indicates that it is subject to amendment provided the parliament has requisite numbers.
In my opinion, some of the following aspects of the Constitution may be touched by the NDA if it comes into power.
There is already one petition pending in the Supreme Court for changing the Preamble of the Constitution by removing “secular” and “socialism” from it. These two were inserted during the Indira Gandhi regime. NDA may like to touch it.
There is a provision for a uniform civil code under Directive Principles of state policy which has no legal backing but it provides for what ought to have been done by the state. NDA may like to enforce UCC in the country by tweaking the Constitution with the help of state assemblies. How exactly it will be done will be deliberated by experts. Whether it will be done in one go in the whole country or it will be a piecemeal approach that has to be seen.
One-nation and one-poll will be given effect by amending the Constitution and other related acts like the Representation of People Act. Once the amendment is affected in the Constitution it can only be enforced by 2029. But before it is enforced census and delimitation have to be done expeditiously.
In the last few years, many state governments have been at loggerheads with Governors on various issues like the power to appoint vice-chancellors of universities, withholding assent to the bills passed by the state assembly, and budget session addresses of Governors. NDA may like to expand the horizon of discretionary power of the figurehead of the state. Article 256 may be given more teeth in case of any fall of state government post one nation one poll because there will be a situation when the state assembly may dissolve prematurely.
A further tussle between the Delhi state government and the Lieutenant Governor over administrative control over personnel has taken an ugly turn. An ordinance has been promulgated to bypass the Supreme Court order which held that the elected government ought to have control over its personnel for delivery of services. In the third term, the union government may either make Delhi a full UT so that all power is vested in the Union or may legislate by way of amendment to tweak the power of the Delhi government. I firmly believe that Delhi should be a full-fledged UT directly under the union. It is very embarrassing that the government of the capital of the country is in a tiff with the government of India.
There has been an attempt to dilute the nature and administrative power of minority institutions like Aligarh Muslim University and St Stephen’s College. There may be an attempt to snatch power from minority institutions based on religion or language to administer under Article 30. Their administrative independence may be tweaked. Consequently, the issues of reservation may also have spin-off effects vis a vis minority institutes.
These are few aspects of the constitution which are likely to be touched by the government. It is not said it will be done for certain but if the NDA would attempt to amend the Constitution, then these are the probable aspects.
(The views expressed in the article are solely those of the author.)
