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The antithesis of fundamental rights - by Justice Shiv Narayan Dhingra (retd)

The antithesis of fundamental rights - by Justice Shiv Narayan Dhingra (retd)

India Today04-07-2025
In 1976, the Swaran Singh Committee was appointed to recommend constitutional amendments. It submitted its report the same year itself, and the Preamble of the Constitution was amended based on this report through the 42nd Amendment. The two words 'socialist' and 'secular' were added in the Constitution and, instead of 'sovereign democratic republic', we became a 'sovereign socialist secular democratic republic'. In an article published in the Illustrated Weekly of India (July 4, 1976), eminent jurist N.A. Palkhivala argued that the Preamble was a part of the Constitution statute, not of the Constitution. Article 368 deals only with an amendment of the Constitution, but not of the Constitution statute. The Preamble cannot be amended under Article 368. It refers to the most momentous event in India's history and sets out, as a matter of historical fact, what the people of India in 1949 resolved to do for their unfolding future. No parliament can amend or alter the historical past.
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Unlike in 2018-2022, when some Rajya Sabha nominations seemed to be chasing applause—music composer Ilaiyaraaja, sportspersons Mary Kom and P.T. Usha, and others—this round is austere. And that austerity is deliberate. It marks a transition from ornamental symbolism to operational clarity. Modi government 3.0 is no longer showcasing plurality or projecting inclusion. It's focused on consolidation—across institutions, narratives and sectors of strategic Jain. A quiet yet influential historian, her academic work over the past two decades has sought to reconstruct civilisational history from a distinctly Indian—often read as Hindu—perspective. Whether on temple destructions during the medieval invasions or reinterpretation of the Mughal rule, Jain's scholarship aligns neatly with the Sangh Parivar's longstanding agenda of cultural decolonisation. Jain's books, such as Rama and Ayodhya (2013); Sati: Evangelicals, Baptist Missionaries, and the Changing Colonial Discourse (2016); The Battle for Rama: Case of the Temple at Ayodhya (2017); and Flight of Deities and Rebirth of Temples: Episodes From Indian History (2019), have provided intellectual depth to the Sangh Parivar's battle against Leftist historians and helped mobilise support presence in Parliament is meant to echo the ideological stance that increasingly guides current policies on education, heritage and more. In Jain, the government isn't simply nominating a scholar but inserting an ideological subtext into the legislative Master's nomination is equally telling. The BJP refers to him as a 'living martyr' for his resilience and continued activism despite his physical condition. Sadanandan Master is a survivor of political violence. He lost both legs in an alleged attack by CPI(M) workers in 1994 in Kannur district of Kerala. A school teacher by profession, he represents a grassroots legitimacy that the BJP desperately needs in southern India, especially Kerala and Tamil Nadu that have proven electorally resistant to the party's importantly, Sadanandan Master's inclusion in the Rajya Sabha suggests a recalibrated vision of representation—one that places premium not on identity politics but ideological loyalty and ground-level institution-building. He is not a crowd-puller but a cadre-builder. And in a party increasingly obsessed with the long arc of electoral sociology, that matters more. Modi, in his congratulatory post on social media, underlined the violence faced by Sadanandan Master. 'Violence and intimidation couldn't deter his spirit towards national development. His efforts as a teacher and social worker are also commendable,' shared the prime comes Nikam, the prosecutor who became a household name during some of India's most significant anti-terror trials. From the 1993 Mumbai serial blasts to the November 2008 Mumbai attacks, Nikam has built his public persona around an unflinching image of the state's prosecutorial will. His nomination to the Rajya Sabha, reportedly backed by Maharashtra chief minister Devendra Fadnavis, fits neatly into the BJP's broader claim of being the custodian of national also a nod to Maharashtra's complex political dynamics, where the BJP needs both a nationalist narrative and loyal institutional faces to anchor its fight against an emboldened Opposition. Nikam is not just an accomplished lawyer; he is an emblem of the party's claim that India under Modi is stronger, more decisive and less tolerant of threats—internal or external. His legal acumen, combined with his TV-hardened image as the nation's go-to prosecutor, gives the party a potent voice in debates over terror, justice and criminal jurisprudence. In the 2024 Lok Sabha polls, Fadnavis had managed to get him ticket, but Nikam lost. His entry to the Rajya Sabha means the BJP getting a legal luminary to take on the likes of Kapil Sibal and Abhishek Manu Singhvi in the Opposition by contrast, represents the quiet bureaucracy of power. As foreign secretary and later G20 Sherpa, he played a pivotal role in executing India's muscular foreign policy during a time of global flux. His nomination is widely seen as driven by the Prime Minister's Office (PMO)—an attempt to embed a trusted technocrat into Parliament, someone who can actively shape legislative debates on foreign affairs, trade policy and geopolitical many ways, Shringla's elevation marks a shift in how the Modi government views diplomacy. No longer insulated from politics, it is now being folded into the political project itself. Parliament is being repositioned as a platform where diplomats no longer report from the sidelines—they participate directly in the debates. In the Lok Sabha polls, the BJP couldn't give Shringla a ticket from his hometown of Darjeeling because of caste fine-balancing. Now, he is being rewarded for his work during India's G20 Clockwise from top left: Ujjwal Deorao Nikam, C. Sadanandan Master, Harsh Vardhan Shringla, and Meenakshi Jain Taken together, the four nominations offer a blueprint of the Modi government's strategic temperament. This is not a government in search of broader consensus. It's one that believes its third term represents not just electoral legitimacy but ideological inevitability. And that belief is shaping the kind of Parliament it is building—not just through elections but selective curation. The Rajya Sabha, often mocked as a place for defeated politicians or ageing notables, is being reimagined by the government as an instrument of deep influence. Not through noise but through alignment—of ideas, expertise and long-term narrative the same time, this isn't a radical departure from the past. If one examines the Modi government's earlier nominations, a pattern becomes clear. The selection of Rakesh Sinha, Swapan Dasgupta and Justice Ranjan Gogoi between 2018 and 2020 were early signals of this strategy. Sinha and Dasgupta brought ideological voice; Gogoi, fresh off the Ram Janmabhoomi case verdict, brought institutional value. That nomination was unprecedented—a chief justice moving to the Upper House mere months after retirement. But in hindsight, it looks like a prototype. Gogoi was the first indication that the Modi government was no longer going to treat Rajya Sabha nominations as ceremonial. They would now be has changed in 2025 is that the tactical has become structural. No longer are there deviations. All four current nominees are specialists in statecraft. All are capable of speaking not just to their domain but to the deeper ideological grammar that governs the Modi era of policymaking. The cultural historian reinforces the civilisational state. The RSS insider extends the party's grassroots circuitry. The prosecutor strengthens the narrative of national security. The diplomat brings foreign policy into direct political consciousness. None of them are generalists. All are instruments of a larger contrast with Congress-era nominations could not be starker. Then, the nominated category was used as a space to accommodate civil society, to showcase symbolic inclusiveness or to rehabilitate loyalists who had lost electoral favour. There was occasional brilliance—think of former chief election commissioner of India M.S. Gill or economist Bhalchandra Mungekar—but rarely was there strategic the Modi era, especially now in its third term, nomination is no longer an act of reward. It's about institutional convergence. Education, law, grassroots outreach, and diplomacy are four of the most powerful levers in a modern state. By placing individuals aligned with its worldview at the intersection of these four domains, the Modi government is shaping not just what Parliament does but how India thinks and must remember that the Rajya Sabha was not designed for this kind of power play. But under Modi, it is increasingly being refashioned as a place of quiet transformation. When the Lok Sabha is about volume, the Upper House is about signal. And these four nominations are a signal in its purest Modi's third term is about legacy—about laying down irreversible foundations—then this round of Rajya Sabha nominations marks a significant milestone. It's a reminder that in politics, the most consequential moves are often the quietest. No hashtags. No headlines. Just four names that could help shape the next decade of Indian statecraft from behind the governors, new signalsMeanwhile, the appointments on July 14 of Prof. Ashim Kumar Ghosh as the governor of Haryana, Pusapati Ashok Gajapathi Raju as the governor of Goa and Kavinder Gupta as the lieutenant governor of Ladakh reflect the Centre's calibrated political signalling with a clear RSS is a scholar with deep RSS links. On the other hand, given his Sangh background in Jammu, Gupta's appointment suggests a focus on stability in Ladakh, which has been in the throes of political discontent over various while now with the BJP, has retained close ties with Telugu Desam Party chief Chandrababu Naidu. His appointment signals careful coalition management of the National Democratic Alliance. The appointments show the BJP leadership is relying on loyalists who align with the Sangh's worldview while also navigating with precision the demands of coalition-era politics and regional power to India Today Magazine- Ends

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