Latest news with #StatePaper
Hans India
3 days ago
- Politics
- Hans India
Constituent Assembly and the British Influence
As the Vice-President of the Viceroy's Executive Council (equivalent to the position of a Prime Minister) from September 1946, Jawaharlal Nehru played a pivotal role in steering the Constitution's formation. On December 13, 1946, while moving the aims and objects resolution, Nehru acknowledged the British influence on the process: 'The British Government has a hand in [the Constituent Assembly's] birth. They have attached certain conditions. We accepted the State Paper … and we shall endeavour to work within its limits.' Though this statement highlights the constraints under which the Assembly operated, it conceals the 'understanding' between the Congress led by him and the British. Rau's appointment as Constitutional Adviser, likely influenced by his Cambridge education and connection with Nehru, facilitated the creation of a draft that aligned with British preferences to frame the Constitution that maintained continuity with colonial frameworks and thereby perpetuated British legacy. Nehru's role as a political intermediary was crucial in balancing Indian aspirations with British demands, raising questions about whether his actions were driven by pragmatism or a desire to secure political power for himself, especially given his appointment as the Vice-president before independence. Pseudo-secularism and minority appeasement: Nehru's vision of secularism, shared by Patel and others, prioritizes religious minorities like Muslims and Christians, often to the disadvantage of the Hindu majority, and is reflected in Articles 25–30 of the Constitution. These provisions grant minorities rights to establish and manage educational institutions, preserve their cultural practices, and expand their religious demography, while similar protections are denied to Hindus. Damodar Swarup Seth's 1948 critique in the Constituent Assembly argued that recognizing religious minorities as distinct entities undermined the very idea of secularism and national unity, potentially sowing the seeds of another partition. This Nehruvian framework of minority appeasement, continued by both pseudo-secular and pseudo-Hindutva parties instead of equal treatment for all, has sparked resentment about its impact on India's social cohesion. Emergence of the Ambedkar-centric narrative: The narrative attributing the Indian Constitution to Dr B R Ambedkar emerged from a confluence of historical, social, political, and Christian missionary factors. To deflect criticism of the Constituent Assembly's unrepresentative nature and protect Nehru's minority-centric secularism, Congress leaders, including Nehru, allowed the factoidal narrative of a 'Dalit-architected Constitution' to take shape. This framing served to shield the Constitution from scrutiny and silence critics by invoking Ambedkar's identity as a Dalit leader and symbol of social justice. Ambedkar's visibility in Assembly debates, coupled with his role as Minister for Law and Justice, made him a natural focal point for this narrative. The Ambedkarite movement, which gained momentum after his 1956 conversion to Buddhism, further promoted this narrative to inspire Dalit pride and empowerment. The emotional resonance of a Dalit shaping India's democratic framework amplified his symbolic importance, often at the expense of recognising Rau's technical contributions or Nehru's political leadership. The mischievous misnaming of the 'Committee to Scrutinize Draft Constitution' as the 'Drafting Committee' contributed to the misconception that Ambedkar authored the Constitution. Rau, a bureaucrat without a political constituency, and Nehru, already a towering figure in Indian politics, received less public recognition, allowing the Ambedkar-centric narrative to dominate. Political strategies aimed at wooing Scheduled Castes (SCs) and Scheduled Tribes (STs) further reinforced this narrative through statues of Ambedkar holding the Constitution, roads, colonies, public buildings, spaces, and educational institutions named after him, and media portrayals, such as the 2000 biopic Dr. Babasaheb Ambedkar, which cemented his image as the Constitution's sole architect and drafter. The narrative's alignment with Dalit empowerment goals further entrenched its dominance. Judicial reinforcement of the narrative: The Indian judiciary has played a significant role in perpetuating the Ambedkar-centric narrative. Statues of Ambedkar holding the Constitution, installed in the Supreme Court (1980) and some High Courts, symbolize his perceived role as the Constitution's architect. The 2025 Gwalior Bench of Madhya Pradesh High Court controversy, where lawyers clashed over an Ambedkar statue, underscores the narrative's emotional and political weight. A registrar's order on April 21, 2025, justified the statue by citing Supreme Court precedent and Ambedkar's role as the 'maker,' despite historical evidence to the contrary. Judicial pronouncements, such as Indra Sawhney v. Union of India (1992) and Ashoka Kumar Thakur v. Union of India (2008), frequently invoke Ambedkar's vision. Constitution Day speeches by Chief Justices often describe him as the 'architect,' reflecting cultural reverence rather than historical accuracy. Judicial training, focusing on case law rather than historical scholarship, and the inaccessibility of primary sources, like Rau's papers or Ambedkar's 1953 Rajya Sabha speech, perpetuate reliance on secondary narratives. The judiciary has reinforced a socio-political context making Ambedkar's legacy sacrosanct, particularly among SCs and STs. Questioning his role risks accusations of casteism, discouraging judges and scholars from challenging the narrative. Political promotion by Ambedkarite groups and government initiatives, such as Ambedkar Jayanti, amplifies this perception, as seen in the Gwalior controversy, where opposition to the statue was perceived as disrespect. Christian missionaries and Article 25: Christian missionaries have leveraged Ambedkar's prominence to promote conversions among SCs and STs, mistakenly attributing Article 25's right to 'propagate' religion to him. This provision was crafted by the Committee on Fundamental Rights, headed by Sardar Patel. Ambedkar's brief engagement with Christianity in the 1930s aligned with the missionaries' social reform agenda, but his 1956 conversion to Buddhism explicitly rejected Christianity's foreign ties. Nevertheless, missionaries continued to highlight his constitutional role to appeal to Dalits, reinforcing the Ambedkar-centric narrative for their own purposes. Restoring truth vis-à-vis Ambedkar-centric narrative: India's national motto, Satyameva Jayate—truth alone triumphs—etched at the base of the national emblem, demands unwavering commitment to historical accuracy. Yet, the pervasive narrative that B.R. Ambedkar was the sole architect of the Indian Constitution betrays this principle, perpetuating a myth that overshadows the collaborative efforts of B.N. Rau, Jawaharlal Nehru, and the 299 members of the Constituent Assembly. To honour the Upanishadic ideal and align public and judicial understanding with historical reality, a concerted effort to restore balance is imperative. Legal curricula must be reformed to emphasise the Constitution's collective genesis, correcting the misleading term 'Drafting Committee' and highlighting Rau's foundational draft and Nehru's pivotal role in shaping its framework under British oversight. Primary sources, including the Constituent Assembly Debates, Rau's papers, Nehru's Aims and Objects Resolution, and Ambedkar's 1953 Rajya Sabha speech—where he rejected sole authorship as a 'hack'—should be integrated into educational programs to foster a nuanced perspective. Archival accessibility must be prioritized to empower scholars, students, and the public with evidence-based insights. The judiciary, too, must uphold truth by avoiding rhetorical claims of Ambedkar as the sole architect, acknowledging the collaborative process in judgments and speeches. By embracing Satyameva Jayate, India can dismantle this false narrative, honouring all contributors to its constitutional legacy and reaffirming its commitment to truth over myth. (The writer is a retired IPS officer and former Director of CBI. Views are personal)
Fox News
15-05-2025
- Politics
- Fox News
Murdaugh court clerk Becky Hill released on bond after arrest on perjury, misconduct charges
The former South Carolina court clerk who presided over the 2023 Alex Murdaugh murder trial has been released from jail after posting bond Wednesday following her arrest for alleged misconduct during the trial. The South Carolina Law Enforcement Division on Wednesday afternoon announced that Hill, 57, has been charged with obstructing justice and misconduct in Colleton County and perjury in Richland County. She received a $30,000 bond in Colleton County and a $50,000 bond in Richland County. The charges stem from a January 2024 hearing in the South Carolina Supreme Court, when Justice Jean Toal ruled that a new trial was not necessary for Murdaugh, who was convicted in the June 2021 murders of his wife, Maggie, and son, Paul, on his family hunting estate. Murdaugh had requested the new hearing based on allegations of jury tampering surrounding Hill, which Murdaugh's defense team had argued warranted a new trial. Charging documents state that when Toal asked Hill, "Did you allow anyone from the press to view sealed exhibits?" Hill responded, "No, ma'am," which is apparently inconsistent with evidence obtained by authorities. Fox News Digital has reached out to Hill's attorney, Will Lewis, for comment. Lewis said Hill "turned herself in" Wednesday during her hearing in Colleton County. "We found out about these charges last night," he said. The State Ethics Commission last year accused Hill of using her official position as Colleton County clerk for financial gain, specifically to promote her book about the Murdaugh case, part of which she admitted to and apologized for plagiarizing. WATCH: REBECCA HILL ON THE MURDAUGH VERDICT: The SLED charging documents released Wednesday also accuse Hill of promoting her book on social media. Dick Harpootlian and Jim Griffin, Murdaugh's defense attorneys, told Fox News Digital in a Wednesday statement that while the charges against Hill "are serious, they are not surprising." "We have long raised our concerns about her conduct during and after the trial and this arrest further underscores the need to protect the integrity of the judicial process. Every defendant is entitled to a fair and impartial trial and we look forward to Alex Murdaugh finally getting that fair treatment," the attorneys said. Harpootlian told Fox News on Wednesday that he believes the charges against Hill will result in a new trial for Murdaugh. South Carolina attorney Eric Bland, who represented several victims of Murdaugh's financial crimes, said he "used to think that there was very little chance that our South Carolina Supreme Court would reverse former Chief Justice Jean Toal's decision in February 2024 when she denied Alex Murdaugh a new trial on his double murder conviction because of Becky Hill alleged jury interference." "I thought that if he was to get any relief, it would come after he exhausted his state court appeals and it would be on the federal level," Bland said in a Wednesday post on X. "According to the State Paper, the perjury charge arises out of her testimony that she gave in the February 2024 hearing in front of Justice Toal. I think this further complicates the situation and increases the chances that he will get a reversal and a new trial. It still will come down to whether the federal standard for alleged jury tampering should have been applied by Justice Toal or she was correct in applying the state standard." Hill was previously accused of sending herself nearly $10,000 in federal bonuses in the form of child support payments, according to a notice of hearing. She used federal funds to give food and gifts to court employees, including "Easter Goodies," Mother's and Father's Day gifts, and Valentine's Day gifts; paint supplies; flowers and decor; various meals for herself; office furniture; dog food, dog bones and a dog bed, among other items. SLED charging documents make note of the bonus payments. Of 12 total jurors who found Murdaugh guilty in 2023, 11 said Hill did not influence their decisions. One said he heard the clerk make comments about watching Murdaugh's body language but said her words did not influence his verdict. The former court clerk, who held her position for about four years, resigned in March following allegations of jury tampering in the Murdaugh trial but maintained that her decision to leave office was not the result of her conduct during the double murder trial. "Another significant impact in our clerk's office was in 2023, when we had to manage one of the biggest trials in South Carolina history. Our small town came together and made everyone proud," Hill said during a news conference at the time to announce her resignation. "Managing a trial with such importance to the people of South Carolina, as well as to the national and international media interest and public scrutiny, has caused me to reflect upon decisions involving my stay in the office of the clerk of court." She added that her decision not to seek re-election in 2024 would allow her to "focus on being a wife, a mother and a grandmother," and that she wants to provide "ample time to other Republican candidates" interested in the position of Colleton County court clerk. GET REAL-TIME UPDATES DIRECTLY ON THE TRUE CRIME HUB Her former attorney, Justin Bamberg, who has represented victims of Murdaugh's financial crimes, said at a March news conference that Hill's decision had nothing to do with any pending investigations involving the clerk.
Fox News
14-05-2025
- Fox News
Former South Carolina clerk in Murdaugh murder trial arrested on multiple felonies
South Carolina authorities on Wednesday morning charged Becky Hill, the former Colleton County court clerk who presided over the Alex Murdaugh murder trial, with multiple felonies. The State Ethics Commission last year accused Hill, 57, of using her official position as Colleton County clerk for financial gain, specifically to promote her book about the Murdaugh case, part of which she admitted to and apologized for plagiarizing. While her charges are not specified, the Colleton County website states that Hill is also under a "hold for South Carolina Law Enforcement Division." "We are aware of the charges filed against Becky Hill, and while these developments are serious, they are not surprising," Dick Harpootlian, Murdaugh's defense attorney, told Fox News Digital in a statement. "We have long raised our concerns about her conduct during and after the trial and this arrest further underscores the need to protect the integrity of the judicial process. Every defendant is entitled to a fair and impartial trial and we look forward to Alex Murdaugh finally getting that fair treatment." Hill was previously accused of sending herself nearly $10,000 in federal bonuses in the form of child support payments, according to a notice of hearing. She used federal funds to give food and gifts to court employees, including "Easter Goodies," Mother's Day gifts, Father's Day gifts and Valentine's Day gifts; paint supplies; flowers and decor; various meals for herself; office furniture; dog food, dog bones and a dog bed, among other items. South Carolina Supreme Court Justice Jean Toal ruled in January 2024 that a new trial was not necessary for Murdaugh, who was convicted in the June 2021 murders of his wife, Maggie, and son, Paul, on his family hunting estate. Murdaugh requested a new hearing based on allegations of jury tampering surrounding Hill, which Murdaugh's defense team had argued warranted a new trial. Of 12 total jurors who found Murdaugh guilty in 2023, 11 said Hill did not influence their decisions. One said he heard the clerk make comments about watching Murdaugh's body language but said her words did not influence his verdict. Hill is reportedly set to be indicted for perjury, according to The State newspaper. South Carolina attorney Eric Bland, who represented several victims of Murdaugh's financial crimes, said he "used to think that there was very little chance that our South Carolina Supreme Court would reverse former Chief Justice Jean Toal's decision in February 2024 when she denied Alex Murdaugh a new trial on his double murder conviction because of Becky Hill alleged jury interference." "I thought that if he was to get any relief, it would come after he exhausted his state court appeals and it would be on the federal level," Bland said in a Wednesday post on X. "According to the State Paper, the perjury charge arises out of her testimony that she gave in the February 2024 hearing in front of Justice Toal. I think this further complicates the situation and increases the chances that he will get a reversal and a new trial. It still will come down to whether the federal standard for alleged jury tampering should have been applied by Justice Toal or she was correct in applying the state standard." The former court clerk, who held her position for about four years, resigned in March following allegations of jury tampering in the Murdaugh trial but maintained that her decision to leave office was not the result of her conduct during the double murder trial. "Another significant impact in our clerk's office was in 2023, when we had to manage one of the biggest trials in South Carolina history. Our small town came together and made everyone proud," Hill said during a news conference at the time to announce her resignation. "Managing a trial with such importance to the people of South Carolina, as well as to the national and international media interest and public scrutiny, has caused me to reflect upon decisions involving my stay in the office of the clerk of court." She added that her decision not to seek re-election in 2024 would allow her to "focus on being a wife, a mother and a grandmother," and that she wants to provide "ample time to other Republican candidates" interested in the position of Colleton County Court Clerk. Her former attorney, Justin Bamberg, who has represented victims of Murdaugh's financial crimes, said at a March news conference that Hill's decision had nothing to do with any pending investigations involving the clerk.
