Renowned jurist Fali Nariman, a recipient of the Padma Vibhushan at the age of 94, delves into the intricate complexities of constitution-making in his latest literary offering, “You Must Know Your Constitution.” Nariman astutely observes that crafting a new Constitution for India today is a formidable task, primarily due to the dearth of the crucial elements of persuasion, accommodation, and tolerance, which are indispensable in the constitution-making process. Regrettably, these elements seem to be in short supply both in India and globally.
Nariman’s timely commentary addresses the ongoing debate, particularly among right-wing intellectuals, regarding the potential alteration of the existing Constitution’s fundamental framework. He contends that the lifespan of a written Constitution, like the law itself, is not solely determined by logic or drafting prowess but is profoundly shaped by experience. Over seven decades of post-independence experience on the Indian subcontinent have revealed that devising a Constitution is a simpler endeavor than effectively implementing it. Thus, the notion of constructing an ideal Constitution in the present era remains a formidable challenge.
Nariman also wades into the contentious dialogue surrounding the adoption of a Uniform Civil Code in India. While he acknowledges the logical rationale for such a code, he suggests that its implementation should only proceed when societal harmony and unity are firmly established. He echoes Winston Churchill’s caution against hasty innovations guided solely by logic.
Furthermore, Nariman critiques the presence of sedition laws in the Constitution, arguing that it has no rightful place in a democratic society. He cites the historical example of Sardar Patel, who contested the banning of the leftist journal “Cross Roads” in Madras and later deemed sedition as an obsolete crime. Nariman takes issue with the chairman of the Law Commission for expressing support for sedition laws, deeming it an unexpected and misguided statement.
In discussing the future of democracy, Nariman emphasizes the indispensable role of a robust opposition in maintaining a healthy democratic government. He observes that both major political parties in India, the Congress and the BJP, have a track record of targeting the opposition when in power, a trend that undermines the essence of democracy.
In sum, Fali Nariman’s thought-provoking insights in “You Must Know Your Constitution” offer readers a critical examination of India’s constitutional journey, shedding light on contemporary issues such as constitution-making, the Uniform Civil Code, sedition laws, and the vitality of a strong opposition in a thriving democracy.
