Samvidhan Hatya Diwas: A Political Manoeuvre by the BJP | Ahmed Raza

On 25 June, the ruling National Democratic Alliance government issued a gazette notification, declaring that every year this day will be observed as the ‘Samvidhan Hatya Divas’. Who is killing the Constitution in India would be a pertinent question at this time. The newly-elected Modi government’s resolution was to discuss the so-called ‘excesses’ of the 1975-77 Emergency, imposed by the then Indira Gandhi government. So, in effect, one of the first acts of the BJP-led government in its third term was a throwback on something that happened about 50 years ago. This was soon after
Leader of Opposition Rahul Gandhi carried a small version of the Constitution with him when he took oath as Rae Bareli MP, ending his speech with ‘Jai Samvidhan’ (Hail Constitution). Many Opposition MPs followed him. Media reports say, the Modi government felt threatened by the Opposition rally around matters of the Constitution, since it was the Modi government that had floated the idea of amending the Constitution in 2014. Many leaders of the INDIA coalition have bitter experiences of the Emergency, perhaps, this is also a BJP’s ‘think-tank strategy’ to gain some sympathy by again and again recalling the excesses of the Emergency. On 1 July, three new criminal laws – the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam – came into effect across the country amidst allegations of violations of Constitutional rights to justice and fair hearings. Before the national budget is presented on 22 July, the government perhaps felt the need to itself appropriate the cause and somehow become the champion of the Constitution, not someone associated with amending, which is akin to amputating the Constitution, in popular imagination.

THE BJP’S DECISION to notify a Samvidhan Hatya Diwas can, therefore be attributed to several strategic and political reasons. This move is not merely a reactionary measure but a ‘calculated step’ aimed at achieving multiple objectives. The Bharatiya Janata Party basically called for this Samvidhan Hatya Diwas (The Day of Killing the Constitution) to protest against what it perceives as violations and undermining of the Indian Constitution by its political opponents.

This declaration serves as a critical tool in the BJP’s political strategy, aiming to consolidate its support base and attempts to highlight alleged constitutional breaches by its adversaries, and in this manner reinforce its commitment to constitutional values. This article explores the motivations, implications, and controversies surrounding this political move by the BJP.

Historical Context and Motivation

The BJP’s decision to declare Samvidhan Hatya Diwas can be traced back to various instances when the party felt, the Indian Constitution was being misused or disregarded. For the BJP, these perceived transgressions often stem from actions taken by Opposition parties, particularly the Indian National Congress (INC), which has been accused by the BJP of using constitutional amendments and political maneuvering to consolidate power. Historical events such as the Emergency, during which fundamental rights were suspended, serve as critical reference points for the BJP’s narrative.

The declaration of Samvidhan Hatya Diwas is a strategic move designed to mobilise the party’s supporters by invoking a sense of ‘constitutional patriotism’ and portraying the BJP as the true guardian of India’s democratic framework. By commemorating this day, the BJP aims to create a stark contrast between itself and its opponents, painting the latter as threats to the nation’s constitutional integrity.

Political Gain and Mobilisation

One of the primary objectives behind declaring the Samvidhan Hatya Diwas is to galvanise the BJP’s core voter base. By highlighting alleged constitutional violations by rival parties, the BJP can reinforce its image as a protector of democracy and the rule of law. This strategy is particularly effective in rallying support among segments of the electorate that are sensitive to issues of governance, transparency, and constitutional adherence.

Moreover, the declaration serves as ‘a powerful rhetorical device’ in election campaigns. By framing political discourse around the sanctity of the Constitution, the BJP can divert attention from contentious issues such as economic challenges, unemployment, and social unrest. It allows the party to position itself as a morally superior alternative to its opponents, thereby consolidating its electoral prospects.

Media and Public Attention

Post-election periods are times of heightened media and public attention. Especially when several State elections are on the cards. By declaring Samvidhan Hatya Diwas, the BJP ensures that it remains in the spotlight and controls the narrative. This strategic timing helps in maximising media coverage and public discourse, thereby amplifying the party’s message and objectives.

The period following an election is often marked by increased scrutiny and criticism from Opposition parties. By highlighting alleged constitutional violations and projecting the need for Samvidhan Hatya Diwas, the BJP can effectively counter any accusations from its opponents. This move serves to divert attention from any criticisms directed at the BJP’s governance and instead shifts the focus on to the alleged transgressions of rival parties.

Controversies and Criticisms

The declaration of Samvidhan Hatya Diwas has not been without its share of controversies and criticisms. Opponents of the BJP argue that the move is ‘a politically-motivated gimmick’ aimed at deflecting attention from the party’s own alleged transgressions against the Constitution. Critics point to instances where the BJP-led government has been accused of undermining democratic institutions, curbing dissent, and eroding civil liberties.

Additionally, there is scepticism regarding the timing of the declaration. Critics argue that the BJP selectively invokes constitutional values when it suits its political agenda, while overlooking similar concerns within its own governance. This selective application of constitutionalism has led to accusations of hypocrisy and opportunism.

Impact on the Indian Political Discourse

The declaration of Samvidhan Hatya Diwas has had a significant impact on India’s recent political discourse. It has intensified debates around the interpretation and application of the Constitution, bringing constitutional issues to the forefront of public consciousness. This heightened awareness has, in some cases, led to greater scrutiny of governmental actions and policies, fostering a more informed and engaged citizenry.

Furthermore, the declaration has also influenced other political parties to articulate their own commitments to the constitutional values, more explicitly. In response to the BJP’s narrative, Opposition parties have sought to reaffirm their dedication to democratic principles, leading to a broader discourse on governance and constitutionalism in India.

While it serves to mobilise the BJP’s support base and shape electoral narratives, it has also sparked significant controversy and criticism. The long-term impact of this declaration on Indian political discourse remains to be seen, but it has undoubtedly intensified the focus on constitutional issues, highlighting the complex interplay between politics and governance in the world’s largest democracy.

(Author: Dr Ahmed Raza is Assistant Professor, Department of Public Administration, MANUU (A central university), Gachibowli, Hyderabad.)