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The impact of Sanatan Bharatiya (Hindu) Values, Culture & Tradition on our Constitution

In conclusion we can say that the impact and significance of the Bharatiya values on our Constitution is crystal clear.  Either it can not be denied or undermined. — Mahadevayya Karadalli

 

The chapter on Raja Dharma in Shanti parva incorporates Bhishma's authoritative exposition about the origin and purpose of the State, the rule of law, the institution of Kingship  and duties and the power of the King( Ruler i.e. PM/CM/ Ruler). Raja Dharma (law of Governing) consists of invaluable and eternal principals worthy of emulation under any system of polity and by all persons exercising State's Power. The system of government envisaged by all the works on Raja Dharma (Constitutional law) was Rajya (State) headed by a King (the ruler).  The topics covered in various ancient works such as Smriti & Shastras includes constitution and organisaton of Rajya, Kingship, succession to kingship, succession to kingship, education of young princes, appointment of council of ministers, the Chief Justice and other Judges  of the highest court, administrative divisions and power and the duties of king(the ruler). With simple glance of our Constitution, one can come to conclusion that topics under Raja Dharma were also part of our Bharatiya Constitution drafted Dr Babasaheb Ambedkar.

The partition of India in 1947, made this unique land of cultural unity divided into two pieces on Hindu-Muslim basis leads two nation theory which was undesirable to the majority people. Muslim conspirators materialized their land as Pakistan through bloody direct action against the majority Hindus, whereas the Hindus, the largest contributors of freedom struggle, did not get the  Akhand (Hindu) Bharat  in return. At the time of partition, the Muslims who did not leave this country presenting so-called secular mentality were not the patriot people. Since they planned another partition in near future. i.e.  Kashmir to Kerala, Hyderabad to Muzaffarbad. Muslim/ Secular Agents like Liyakat Ali Khan, Firoz Khan Noon, Khaja Nizamuddin, Shaid Swharabardy, Jafarulla Khan, Md. Saadullah etc. who were present in the Constitute Assembly and Drafting Committee tried for adopting a Non Hindu texture of Indian Constitution. We cannot ignore the hidden relationship of Azad with the communist leader Muzaffar Ahamed and critical role to deter any Hindu fervor of Indian Constitution. 

God saved us, Sardar Vallabh Bhai Patel, Dr Bhim Rao Ambedkar and Dr Shyama Prashad Mookerjee the three true nationalists were present in the Constitute Assembly and Drafting Committee and acted in favour of the majority sentiments in this land. They adopted some deliberate actions in favour of the majority people and Sanatana Bharatiya (Hindu) Nature of this ancient land.  Indian Constitution under (Art 48) says that measures of 'prohibiting the slaughter of cows' has been derived from Bharatiya Values of this land. Similarly, Art 48 A directs the states and every citizen for the protection and improvement of environment and safeguarding of forests and wild life. Highlighting the Bharatiya Values for dignifying the Mother Nature and environment in peace and freshness. Art 351 expresses the importance of Sanskrit language.  Art 44 for Uniform Civil Code promotes the concept of Hindu values of equality and justice for all of the citizens without perpetuating any discrimination between the 'believers and non believers' as promoted by the Semitic schools. Indian constitution explore the Bharatiya Value system more significantly to uphold the Bharatiya Values, tradition and culture. Obviously, the Bharat Constitution propounded on the heights of Humanitarian Hindu outlook and never on any Semitic or Communist concepts and rejected the malfunctions of Sharia or the orthodoxy of any church in its preview.

Unfortunately, this philosophy propounded in Bharat constitution was challenged by Smt Indira Gandhi autocrat leader of Indian emergency, by infiltrating two words,  'Socialist'  and 'Secular' in the striking 42nd amendment of constitution. But blessing indisguise, Fundamental duties were incorporated as Part IV by 42nd amendment to Constitution which was in tune with following shloka of MahaBharat and written on the walls of Parliament. 

Swe swe karmanyabhirath samsiddi labhate Nara: By discharging whatever duties are entrusted to an Individual, he succeeds in life (Bhagavadgeeta 18-45). Every citizen has fundamental right to discharge his duties. It is indisputable that everyone of the human beings has to perform different duties under different circumstances. 

Ancient Raja Dharma (now it is Constitutional Law) reads: Just us mother earth gives equal support to all the living beings, a kind should give support to all without any discrimination. 

According to Ancient Raja Dharma ( Constitutional Law)  as quoted by Kautilya (300 BC)  "In the happiness of the subjects lies in the King's (ruler's) happiness, in their welfare his welfare, what pleases himself the king(ruler) shall not consider as good but whatever pleases his subjects the king(ruler) shall consider good.  In this background,  Constitution (Article 14, 15, and 16) confers the right of equality before law and equal opportunity to one and all, prohibits discrimination on the basis of religion, castes, sex, etc., And abolished untouchability (Article 17) consistent with the noble objective enshrined in its preamble. 

Article 48 of the Constitution mandates total ban on cow slaughter. 

Even in the Constituent Assembly the stand taken by Muslims was that though they have no sentiments like Hindus in the matter, they respect the sentiments of the overwhelming majority of the Hindus and therefore they are supporting the inclusion of Article 48 in the Constitution. 

Article 14 reads: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. 

Ancient Raja Dharma (now it is Constitutional Law) reads: Just us mother earth gives equal support to all the living beings, a kind should give support to all without any discrimination. 

Constitution (Article 14,15, and 16) confers the right of equality before law and equal opportunity to one and all, prohibits discrimination on the basis of religion, castes, sex, etc., And abolished untouchability (Article 17) consistent with the noble objective enshrined in its preamble. 

Right to Education Supreme Court of India in the case of Unnikrishnan, AIR 1993 SC 2178 in order to make out that right to education constitutes part of the fundamental human right to life and liberty guaranteed under Article 21 of the Constitution as there was no specific right to Educaiton in Part III of the Constitution which incorportates Fundamental Rights. The Supreme Court of India in its Judgement quoted the Birthruhari (quoted by Justice Dr M Rama Jois) verse and added that there is nothing further to state that education constitutes an important fundamental right. Consequent on the said judgement , the Parliament amended the Constitution by incorporating Article 21- A conferring fundamental right of education to all. 

The expression Dharma Rajya  in ancient Indian Constitutional vocabulary meant Rule of Law and not Rule of Religion. Just as darkness cannot exist when light exists, fundamentalism cannot exist where Dharma exists. 

Our Constitution confers the Fundamental Right to all to practice any Religion of their choice.  Article 25 reads - 

Article 25: Freedom of conscience and free profession, practice and propagation of religion: 
Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propogate religion. 

Religion Divides the people But Dharma unites. Dharma is the soul of India and is secular in that secularism a inseparable part of Dharma. Dharma: Truthfulness, to be free from anger, sharing wealth with others (Samvibhaga), forgiveness, procreation of children from one's wife alone, purity, absence of enmity, straight forwardness and maintaining persons dependent on one self, are the nine rules of the Dharma of persons belonging to all the varnas. ( Mahabharat Shantiparva 60-7-8).  So we conclude that Dharma is far all and is a set of moral values to practice in one's daily life, where as Religion is belief and is a system of worship of certain group of people living in society.  The National ideals of India are renunciation and service. Intensify her in those channels, and the rest will take care of itself. 

Coronation oath to obey Dharma. 

In order to commit the King to discharge his duties satisfactorily the principal of administering an oath to him at the time of his coronation was in practice.( Mahabharat  by Sages to King Vainya)

The most ancient provisions show how in this land, where Vedas were regarded as supreme, the disbelievers in Vedas were respected and required to be protected. The above constituted the charter of equality in Rajadharma from ancient times and are now incorporated in Articles 14, 15, 16, 17, 21 and 25 of our Constitution. Thus secularism par excellence was one of the elements of Dharma.

The majority nationalist members in the Constituent Assembly played a pivotal role to shape our constitution on the basis of Bharatiya values, culture and tradition as far as possible. With their constant efforts Vande Mataram as National Song continued alongside Jana Gana Mana Adhinayaka as National Anthem.

This generation and the future generation must read the history framing of our Constitution drafted by Dr Baba Saheb Ambedkar in an ambit of new research.  So that myths about Constitution can be eradicated.  In conclusion we can say that the impact and significance of the Bharatiya values on our Constitution is crystal clear.  Either it can not be denied or undermined.  

 

Ref: 1. Origin of  State, Its ideals and duties by Justice Dr M RamaJois; 2. Be immortal by Justice Dr M RamaJois; 3. Article in a link  http://www.slideshare.net/slideshow/embed_code/30459044

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