The Rashtra Swayamsevak Sangh stands for the principles that are in the tune of the Indian Constitution. The Sangh Parivar has full faith in the Constitution of India and never touched upon the basic structure of the Indian Constitution. The rhetoric and conspiracy against the Sangh Parivar exist to malign and discredit the Sangh Parivar. The People of Bharat has countered such conspiracies under the leadership of Shree Narendra Modi.

In fact, the Constitution of India has been amended several times from the document that Ambedkar originally envisaged. Most of these amendments have been by the Congress Government. In the year of 1976, when Bharat was under the dark phase in Independent India’s history, Indira Gandhi amended the Preamble to include the words, ‘Secular’ and ‘Socialist’. The 42nd Amendment curtailed the Fundamental Rights of the People of Bharat and thereby altered the basic structure of the Indian Constitution as a Secular and Socialist Republic. An attempt was made by the Indira Gandhi Government to crush the democracy and the Indian democracy was made hostage. The Period of the Emergency can never be forgotten, and it witnessed the systematic and widespread destruction of the Institutions under the dictatorial and fascist mindset of the then Government.

Bharat, under the leadership of Shree Narendra Modi is committed to Inclusiveness and cultural diversity. In a world where radicalization, hate and extremism are dividing people, Inclusiveness and cultural diversity in the democracy can unite the world and its citizens. No country can progress without the inclusiveness and cultural diversity. Bharat has demonstrated its constitutional ethos both in India and at global diplomacy. The Rashtra Swayamsevak Sangh and the BJP Government led by Shree Narendra Modi stands as a savior of the Constitution of India from time to time.

Over 1 million Muslim women signed RSS-backed petition against the practice of Triple Talaq. The Muslim women were subjugated, tortured, discriminated in the name of Triple Talaq. In fact, Triple Talaq was a sin and atrocious for Muslim Women in India. The blatant violation of religious freedom by the arbitrary action of religious heads had to be dealt with firmly by our highest Court. All provisions of the Constitution must be harmoniously construed, so that there remained no conflict between them. The Articles 14 and 15 on the one hand, and Articles 25 and 26 on the other, must be harmoniously construed with each other, to prevent discrimination against women, in a manner as would give effect to equality, irrespective of gender. The basic structure permeates equality of status and opportunity. The personal laws conferring inferior status on women is anathema to equality. Personal laws are derived not from the Constitution but from the religious scriptures. The laws thus derived must be consistent with the Constitution lest they become void under Article 13 if they violate fundamental rights. Right to equality is a fundamental right. Article 14 requires the State to ensure equality before the law and equal protection of the laws, within the territory of India. Likewise, Article 15 prohibits the State from taking discriminatory action on the grounds of religion, race, caste, sex or place of birth, or any of them. The mandate of Article 15 requires, the State to treat everyone equally. Even Article 21 is a protection from State action, in as much as, it prohibits the State from depriving anyone of the rights ensuring to them, as a matter of life and liberty (-except, by procedure established by law). The BJP-RSS put an end to the discriminatory and archaic practicewithout touching upon the basic structure of the constitution or without circumventing any provisions of the Indian Constitution.

Rahul Gandhi attacked the BJP-RSS on reservation, hesaid ‘they don’t want welfare of weaker section’. The Narendra Modi Government approved a 10 per cent reservation for economically backward upper castes in Government jobs. There were some issues and points of determination as to whether the amendment violated basic structure, secondly, if the exclusion of backward classes from getting EWS was violating the equality code and basic structure. The Honourable Supreme Court of India upheld the 10 per cent reservation for Economically Weaker Sections (EWS) in admissions and government jobs with a 3:2 majority. Three out of five judges delivered verdicts in favour of the EWS quota, saying it did not violate the law. In fact the majority concluded by stating that the amendment does not violate the equality code and the basic structure of the Constitution. It is a big credit for Narendra Modi’s vision of Gareeb Kalyan and a big boost in the direction of social justice and empowerment.

On 5 August 2019, the Government of India revoked the special constitutional status of the erstwhile state of Jammu and Kashmir under Article 370 of the Constitution, and abrogated Article 35A which had allowed it to define who its ‘permanent residents’ are and what rights and privileges are attached to such residency. Shri Amit Shah reiterated that J&K is an inalienable part of India. Repealing article 370 is not a historic blunder, rather it is historic step to correct this historic blunder. Parliament is the highest and fully competent body to make laws and bring resolutions regarding a State of India including J&K. RSS Sarsanghchalak Shree Mohan Bhagwat congratulated the courageous step taken by the government and said that it “was very necessary not just for Jammu and Kashmir but (also) for the whole nation”. While Article 370 was originally a temporary provision. Article 371 relates to special provisions to special clauses favouring development to backward regions in the State.

In recent times, The Sangh Parivar demands debate on Uniform Civil Code, but says Centre should decide on introducing bill. The UCC, if implemented, will override all personal laws with a common set of rules governing every citizen. The concept of uniform civil code is enshrined in Part IV of the Constitution which deals with Directive Principles of State Policy under Article 44. The language of Article 44 states that “The state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.” The Supreme Court in the year 1985 suggested the Indian Parliament to frame Uniform Civil Code in the case of Shah Bano. The then Chief Justice of India Y.V. Chandrachud observed that “A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies”. The Rajiv Gandhi Government overturned the judgment of Shah Bano Case decision by enacting a legislation Muslim Women (Right to Protection on Divorce) Act, 1986. The framers of the Indian constitution were aware that personal laws needed to be reformed in many material particulars and in fact they wanted to abolish these different personal laws and to evolve one common code. It would be pertinent to mention, that the constitutional protection to tenets of ‘personal law’ cannot be interfered with, as long as the same do not infringe “public order, morality and health”, and/or “the provisions of Part III of the Constitution”. This is the clear position expressed in Article 25(1). The desirability of uniform Code can hardly be doubted. But it can concretize only when social climate is properly built up by elite of the society, statesmen amongst leaders who instead of gaining personal mileage rise above and awaken the masses to accept the change. The RSS has always demanded of such debate and inclusion of the stakeholders in the decision making process.

India contains extraordinary religious diversity and maintains significant religious freedoms. These constitutional rights must be protected. A few Indian states have enacted laws against ‘forcible’ conversion.The Rashtra.  Swayamsevak Sangh argues well within the constitution limits, that these laws protect the religious freedoms of vulnerable groups, such as lower castes, from missionaries who induces them to convert for non-religious reasons. The State can introduce religious reforms, protect minority, and formulate policies on religious matters. India has constantly strived to build an ‘alliance of civilisations’ not set up a clash. India has always condemned anti-Semitism, Islamophobia, and anti-Christian acts in the International forums such as United Nations.

As a State party, Bharat has committed to upholding its human rights obligations under ICERD, ICCPR, and other international human rights law treaties “in good faith,” and may not invoke “the provisions of its internal law as justification for its failure to perform a treaty.” In December 2019, the Indian Parliament passed into law the Citizenship (Amendment) Act (CAA). It is a courageous step that provides a fast track to Indian citizenship for minorities from Afghanistan, Bangladesh, and Pakistan. The Honorable Supreme Court in its landmark judgement on right to privacy dated 24th August 2017, in, Justice K.S.Puttaswamy (Retd) and Anr. v. UOI and Ors WP (C ) No.494/2012, has stated “Constitutional provisions must be read and interpreted in a manner which would enhance their conformity with global human rights regime. India is a responsible member of the international community, and the Court must adopt an interpretation which abides by the international commitments made by the country particularly where its constitutional and statutory mandates indicate no deviation.” Modern India’s one of the most traumatic chapters, partition, has left many unpleasant legacies, including the problem of Persecution of Minorities/Hindus in Pakistan and Afghanistan. Citizenship Amendment Act, 2019, is a landmark legislative intervention by the Union Government to correct this wrong, against the Rhetoric of discrimination.

The Rashtriya Swayamsevak Sangh always hails theSupremacy of the Constitution when it comes to contentious policies such as abrogation of Jammu and Kashmir’s Article 370, Citizenship (Amendment) Act, Triple Talaq, Uniform Civil Code amongst others. The Rashtriya Swayamsevak Sangh is of the view that the government should make Policies after deliberation. The policies should be made after getting consent from all sections of society. The policies should reflect the constitutional values envisaged by the framers of the Indian constitution. These policies, rules, laws and recent amendments are in line of the Inclusiveness and cultural diversity. These can be reflected and demonstrated both a domestic and world diplomacy.

DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text.