Weaponizing the Constitution

The political discourse in India today is more acrimonious and divisive than ever before. Personal attacks dominate the landscape, and political rivalries have reached unprecedented levels of hostility. The explicit objective of much of the opposition appears to be the unseating of the current Prime Minister, Narendra Modi, at any cost. Despite his tenure being largely free of corruption charges, Modi has been subjected to relentless criticism, surpassing what any previous Prime Minister has faced.
The latest weapon in this political arsenal is the Constitution itself. Accusations of its subversion have become a rallying cry for the opposition. However, in the 75th year of India's constitutional journey, one must ask: does this weaponization hold any conviction? Will such a narrative resonate with the public?
The Judiciary and the Constitution: Caught in the Crossfire
As political rivalries intensify, the Supreme Court is increasingly drawn into these battles, often under the pretext of safeguarding constitutional values. These attempts, however, frequently stem from personal animosities rather than principled stands, leading to a concerning erosion of civility in public discourse. This trend of politicizing constitutional issues risks transforming the judiciary into a battleground for political vendettas.
The Supreme Court must resist the temptation to wade into every political controversy cloaked in constitutional rhetoric. While the Constitution is broad and adaptive, allowing diverse issues to acquire constitutional dimensions, the judiciary must develop stringent filters to identify cases that genuinely warrant intervention. Failure to do so risks diverting the Court from its core judicial mandate and exposing it to manipulation by vested interests.
This challenge highlights an essential characteristic of India's Constitution: its dynamism. Unlike a static rule book, the Constitution is a living document, designed to adapt to the changing needs of society. Its interpretation must evolve with the times, balancing timeless principles with contemporary realities. The judiciary's role is not merely to enforce its provisions but to interpret them innovatively and contextually, ensuring the Constitution remains a beacon for governance and justice.
The judiciary's ability to navigate these challenges will rest significantly on the quality and vision of its judges. Sadly, clear-headed, erudite, and articulate judges are becoming alarmingly rare. The same can be said of lawyers. Those few who rise above the allure of monetary gain, possess balanced reasoning, and maintain an ability to think beyond immediate concerns are a minority. Elevating erudite and principled individuals to the judiciary is crucial to preserving its integrity and effectiveness.
A Crisis of Political Maturity
One of the most troubling aspects of the current political landscape is the shift in focus from substantive policy debates to relentless personal attacks. This singular focus on individual(s) reflects a disturbing lack of depth and seriousness in the political opposition's approach. When animosity towards one leader dominates political thinking, it clouds perspective and obscures larger national interests.
This immaturity diminishes the dignity and gravity of political discourse. Rather than engaging in constructive debates about policies and governance, political brinkmanship has devolved into a toxic exchange of personal barbs. Such an environment undermines the very essence of democratic dialogue and risks alienating the electorate.
Challenges for the Judiciary
The coming months will present unprecedented challenges for the judiciary. Cleverly crafted petitions aimed at exploiting the Court for political purposes will test the resolve and sagacity of judges, particularly the Chief Justice of India. It is imperative that the judiciary remains steadfast in its commitment to preserving the Constitution's integrity and resists becoming an instrument for settling political disputes.
The Constitution must not be weaponized to undermine its very ethos. Instead, it should inspire a renewed dynamism in governance and public life. Honourable judges must ensure that their rulings are guided by the principles of justice, equity, and constitutional fidelity, rather than succumbing to external pressures or political, even judicial expediencies.
Looking Ahead: A Call for Maturity
One can only hope that this unprecedented low in the current political discourse is temporary and that greater maturity and depth will gradually return to public debates. Political leaders, particularly in the opposition, must rise above personal vendettas and engage in meaningful discussions about policies, governance, and national priorities.
The judiciary, too, faces a defining moment. The judgments pronounced in the coming years will have far-reaching implications for India's unity, integrity, and future trajectory. The fundamental truth remains that the Constitution is a dynamic legacy, not a static guide, that has constantly evolved. As the judiciary interprets its provisions, it must respond to emerging challenges with freshness and innovation. It is incumbent upon judges to rise to this occasion with strength, sagacity, and boldness while preserving an unwavering commitment to the Constitution.
In these trying times, the preservation of democratic values and the Constitution's spirit must remain the collective responsibility of all stakeholders—the judiciary, the political class, and the citizenry alike.

(Uday Kumar Varma is an IAS officer. Retired as Secretary, Ministry of Information & Broadcasting)