Nirmala Sitharaman, Mallikarjun Kharge spar in Constitution debate

In a heated Rajya Sabha debate, the government and Congress clashed over constitutional amendments, with accusations of undermining democracy and federalism.

The government and the Opposition on Monday clashed in the Rajya Sabha with the government accusing the Congress of brazenly amending the Constitution to help the “dynasty” and the Opposition accusing Prime Minister Narendra Modi of twisting facts and undermining India’s federal structure.

Union finance minister Nirmala Sitharaman speaks in the Rajya Sabha during the Winter Session of Parliament, in New Delhi on Monday. (Sansad TV)

Union finance minister Nirmala Sitharaman opened the two-day debate on 75 years of the Constitution in the Rajya Sabha and hailed the Constitution, noting that many other countries that gained independence around the same time as India had either modified or rewritten their founding documents. She also attacked the Congress.

“Each time the Congress brazenly [amended the Constitution], only to help the family. The dynasty kept amending the Constitution, and this is how far they went even if it affects any particular woman who desperately needed the benefit,” she said, in a possible reference to the 1985 Shah Bano case.

“The alteration of the Preamble to include socialist and secular highlights the disrespect and disregard the Congress has for constitutional processes, principles and institutions. The amendments were not about strengthening democracy, but for protecting those in power...again, the process is used for strengthening the family,” she added.

“The PM either lives in the past or in illusion but never lives in the present,” Kharge said, alleging that in the National Democratic Alliance’s 11 years of power, the Constitution and democracy were not strengthened. “If you twist the facts before the nation and attempt to defame, then you should apologise in this House and before people of this country,” he added.

The Congress president delved into the past during the debate to counter the PM’s allegations against Nehru -- Modi had alleged that India’s first PM was against reservations -- and defended amendments to the Constitution. In his speech, Modi had said that the first amendment to the Constitution was done through the back door and muzzled free speech.

Initiating the debate, the finance minister said there were four parameters on which constitutional amendments could be gauged to be in public and national interest. “While looking at those amendments, I would like to have a touchstone of four different elements — is the social intent and the social outcome behind many constitutional amendment genuine; if the economic intent and the economic outcome behind any Constitutional amendment is bona fide and has it helped the society at large; has the process adopted for the amendment itself, and the constitutional spirit behind such an amendment,” she said.

The first constitutional amendment was brought by Jawaharlal Nehru to curb freedom of speech in 1951, she said and cited the arrests of actor Balraj Sahni and lyricist and poet Majrooh Sultanpuri to highlight how the freedom of expression was curtailed.

“An interim government felt the need to bring the first amendment…The first amendment to curb freedom of speech. The first Prime Minister deplored press scrutiny of his government,” she said and quoted Constituent assembly member, Kameshwar Singh, having said that the Prime Minister (Nehru) was initiating a “bad precedent”.

Sitharaman went on to cite how the Congress banned films and books, including Salman Rushie’s Satanic Verses. “The 9th Schedule was brought for bypassing judicial review...during the pendency of the judgment in the Indira Gandhi vs Raj Narain case, the 39th amendment was brought in,” she said.

The intent of bringing the amendment, she alleged, was based on “vyaktigat and parivaarvad” (individual and dynastic) reasons.

In his speech in the Lok Sabha on Saturday, Prime Minister Narendra Modi had also condemned the 39th amendment passed in 1975 that placed the elections of the President, vice-president, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of courts.

Shiv Sena MP Milind Deora said the government needs to be congratulated for abrogating Article 370, which gave special status to Jammu & Kashmir. “When we come together, India will achieve. We may have political differences, but nothing is above the Constitution,” he said.

NCP leader Praful Patel said, “Many countries have been democratic, their constitutions have been changed from time to time, but our Constitution, given to us by Dr Babasaheb Ambedkar, really changed the entire landscape of our country.”

The Opposition accused the government of attacking the federal structure and undermining constitutional bodies with some members alleging that justice was being denied to ordinary citizens.

Kharge emphasised that the BJP and bodies such as the Jana Sangh and Rashtriya Swayamsevak Sangh had opposed the Tricolour and the Constitution.

“RSS, Jana Sangh and the BJP’s intent was to make laws according to Manusmriti. Those who disliked the flag, Ashok Chakra and the Constitution, are trying to teach us about the Constitution. Vaccines will not erase your sins. Before giving us advice, you should fix your governance,” he said.

In the Lok Sabha on Saturday, Modi had said that the Congress’s biggest “jumla” or false promise was “Garibi Hatao” (eradicate poverty). In response, Kharge said, “You (PM) are the biggest deceiver. You had promised ₹15 lakh to poor families, two crore jobs and doubling of farmers’ income. The jumla walas are diverting the country’s attention. These people are 100X of Goebbels,” he said, referring to the chief propagandist of the Nazi Party.

“The PM lives either in the past or in illusion. He does not live in the present. In 11 years, what has he done to strengthen the Constitution? We had given food security, compulsory education, MGNREGA. All these measures helped you during the Covid,” Kharge said, alleging that the PM’s speeches had not made any impact.

On Saturday, the PM had said that between 1947 and 1952, an interim government that had won no elections and had no popular mandate changed the Constitution and attacked freedom of expression. He was referring to the first amendment to the Constitution.

Kharge said that the Cabinet that approved those amendments included Jana Sangh ideologue Syama Prasad Mookerjee. “In your hatred against Nehru, you have delegitimised Syama Prasad Mookerjee as in those years, Mookerjee was also in the cabinet…It was Ambedkar, Vallabhbhai Patel’s suggestion and Sardar Patel said amendment is the only remedy,” Kharge said.

The Dravida Munnetra Kazhagam’s Tiruchi Siva accused the Union government of undermining the federal structure of the country.

He also accused the ruling party of Hindi imposition. “Not even an iota of doubt should creep into the minds of linguistic and religious minorities,” he said.

Mukul Wasnik of the Congress said the references made to Jawaharlal Nehru in speeches made by ministers were full of “hatred” for India’s first Prime Minister.