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Kerala minister’s remark on Constitution stirs row
After his speech on Monday night sparked a row, the minister expressed regret in the assembly, after which the CPI(M) also defended him saying it was only a slip of tongue. But the opposition Congress and the BJP met governor Arif Mohammad Khan seeking his intervention to sack the minister.
Kerala culture minister Saji Cherian courted a controversy on Tuesday after his speech allegedly criticising the Constitution saying it only “helped plunder the working class” came to the fore.
“We often say we have a beautiful written Constitution. But we blindly copied the British system and wrote a Constitution. It never provides any safeguard against exploitation. It helps plundering common man and working class,” the minister had said during a programme organised by the ruling Communist Party of India (Marxist) in Mallpally in Pathanamthitta.
After his speech on Monday night sparked a row, the minister expressed regret in the assembly, following which the party also defended him saying it was only a slip of tongue. But the opposition Congress and the Bharatiya Janata Party met governor Arif Mohammad Khan seeking his intervention to sack the minister.
Later, the governor said all are bound to uphold the Constitution and law of the land and he was sure that chief minister Pinarayi Vijayan will take an appropriate action in this connection. The governor gave a clear indication that he will wait for the decision of the CM who is yet to react over the issue.
“Constitution is supreme. One should be faithful to the oath he/she has taken while assuming office,” Khan said.
During his speech Cherian alleged that the “exploitative part” of the Constitution is “quite evident.” “The Constitution was fine-tuned, adding democracy and secularism here and there to make it beautiful. But its exploitative part is quite evident. We proudly followed it in 75 years. It condones labour exploitation. That is why Ambani, Adani and their ilk grow here,” he said, adding working class was often blamed for problems in the country.
“Does the Constitution protect workers when they were forced to work 12 to 14 hours instead of stipulated eight hours? Would they support if they go on strike? Neither the media nor judiciary stand with them. If they move the court questioning delay in wages, the court first questions strike conducted by the employees,” he said.
The speech posted in the website of the party district committee was also removed later when it turned a full-blown controversy.
The minister tried to wriggle out of the controversy in the assembly saying he was only talking about some forces who tried to misuse the Constitution. “I was talking about the condition prevailing in the country. No disrespect was meant. If my words give such an impression I regret them,” he said but the Opposition insisted that he has no right to continue in office as he violated the oath of office.
“He insulted the Constitution and its makers. He has no right to continue in office” said opposition leader V D Satheesan. Junior partner in the ruling front CPI also said “his speech was grave and uncalled for.” The Congress is also planning to move the high court questioning his continuance in office.
But the ruling CPI(M) defended the minister saying he was quoted out of context. “He was pointing out some pitfalls with due respect to the Constitution,” said party Pathanamthitta district secretary K P Udayabhanu.
Party politburo member M A Baby said “It was slip of tongue and he expressed regret and the issue should stop there.” Baby said there was no need for him to resign.
Legal experts also said the minister crossed all limits and violated the oath of office and secrecy. “He insulted the very Constitution on which he swore before assuming his office. He has no right to continue in office,” said former high court judge justice Kemal Pasha. “By insulting the Constitution he has committed a criminal offence. Criminal procedure can be initiated against him,” said M R Abhilash, a senior lawyer in the Supreme Court.
They said his words were more critical than the Punjab-model speech of former minister R Balakrishna Pillai in 1985, following which the high court had passed strictures against him forcing him to resign. While talking about the Union government shifting the coach factory earmarked for the state to Punjab (Kapurthala) the minister had said “if the Union government continued such an attitude, we also need a Punjab-model agitation and we can form a separate nation.”
