Constitution Day : Anti-Constitution Remarks by Congress and Communist Party

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Communists and the Socialists didn’t participate in the formation of the Constitution of free India and its constitution making body i.e. Constituent assembly.

They then promoted communal and obscurantist forces covertly and overtly to capture power at the Centre and now the country is facing huge repercussions of this kind of politics.

As far as the constitution making of free India is concerned, the attitude of the Communists and the Socialists was almost the same.

“Dr. Bhimrao Ambedkar, while speaking on making of the Indian Constitution said in the Constituent Assembly, on Friday, the 25th November, 1949, "The condemnation of the Constitution largely comes from two quarters - the Communist Party and the Socialist Party. Why do they condemn the Constitution? Is it because it is really a bad Constitution? I venture to say, ‘no’. The Communist Party wants a Constitution based upon the principle of Dictatorship of the Proletariat. They condemn the Constitution because it is based upon Parliamentary democracy. The Socialists want two things. The first thing they want is that if they come to power, the Constitution must give them the freedom to nationalize or socialize all private property without payment of compensation. The second thing that the Socialists want is that the Fundamental Rights mentioned in the Constitution must be absolute and without any limitations so that if their Party fails to come to power, they would have the unfettered freedom not merely to criticize, but also to overthrow the State."”

In December 1947, communists termed India’s independence ‘fake’ by saying “Ye Azadi Jhuti hai ”(This independence is a farce). They also said that 15th August is a day of national betrayal.

The CPI didn’t participate in the process of Constitution making and called it a ‘Charter of slavery’. The Party reacted to the new Indian constitution in 1949 brazenly.

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The manifesto of the Central Committee of the Communist Party of India described it as a ‘slave constitution, representing a conspiracy on the part of the Indian capitalist class and British imperialism’. The party called it “a constitution of fascist tyranny, a monstrous constitution and a fraud”.

These are the case at the time of constitution making, but even after many decades, communists continued to insult the constitution, later Congress also joined in this. Let us look at the major incidents when these communists and Congressmen insulted the constitution.

K.C. Chandy vs R. Balakrishna Pillai on 19 August, 1985

According to the petitioner, on May 25, 1985, at a public meeting at Ernakulam, the respondent, then a Minister in the Kerala Cabinet, incited the people to resort to terrorism and to wage a war against the Union of India on the 'Punjab model', to achieve their objectives.

On June 4, 1985, the petitioner, who is stated to be a citizen who believes in upholding the sovereignty and integrity of the country, filed this writ for the issue of an information in the nature of quo warranto preventing the respondent from exercising the authority of his office.

On the ground that the public speech alleged to have been made by him on May 25, 1985, amounted to breach of oath taken by him at the time of his assuming the office of the Minister, and, therefore, he had forfeited his right to continue in that office.

The main questions that fall for decision in this writ petition are: (i) whether breach of oath committed by a Minister would be a constitutional impediment for his continuance in office; and (2) whether, in such circumstances, a writ of quo warranto or an information in the nature of quo warranto would be issued from this Court.

Congress boycotted Constitution Day event in Parliament's Central Hall - 2021

The Congress and several other opposition parties boycotted the Constitution Day celebrations in the Central Hall of Parliament. The Constitution Day event in Central Hall in Parliament presided over by President Ram Nath Kovind with Prime Minister Narendra Modi and Union ministers in attendance.

The Congress was in touch with leaders of many opposition parties for joining them in the boycott, adding DMK, RSP, SP, TMC, the CPI, CPM, RJD, JMM and IUML are likely to join hands and give the event a miss.

Communist Party is ‘both a court and police station’

The then Kerala State Women’s Commission chairperson MC Josephine claimed that her party Communist Party of India (Marxist) was both a court and a police station. According to the reports, Josephine said this to the media while speaking on the issue of Kadinamkulam incident wherein a woman was sexually harassed by her husband and his friends.

Responding to questions regarding allegations against CPM leader PK Sasi, Josephine said there was no need for the commission to investigate the matter when the victim herself said that an investigation by the party itself would be enough. Josephine, who is also a CPM central committee member, made this shocking remarks while responding to questions on the commission’s indifference in handling cases where communist leaders are accused.