Our Living Constitution : A Concise Introduction & Commentary
Our Living Constitution by Dr. Shashi Tharoor is meant to be a concise introduction to the Indian Constitution and a primer on the duties and rights of Indian citizens. While the book begins with this premise, it quickly turns into a subtle—but not so subtle—critique of the present BJP government led by Modi and offers little in terms of a balanced perspective, something unexpected from a person of Dr. Tharoor’s caliber.
Dr. Tharoor walks us through the climate in which the Constitution was framed, the different arguments put forth by various members of the Constituent Assembly, and how the vision for India was deliberated. The overarching theme—and intent—of the nation’s founding fathers was to build an inclusive India that grants rights to every individual citizen regardless of birth, race, caste, religion, or other identifying factors. Most notably, he highlights how India chose a different path from Pakistan and was intentional in not becoming a Hindu majoritarian state, but one where people of all religions could claim first rights to being “Indian.”
Dr. Tharoor then presents the dissenters of the Constitution—figures like Veer Savarkar, M.S. Golwalkar, and Deen Dayal Upadhyaya—who had an alternative idea of India as a Hindu Rashtra and wanted a Constitution that reflected the soul of the nation. This India, they argued, would embrace people of all religions as long as they subscribed to the national cultural mainstream and revered its heroes. They strongly rejected the anglicized and westernized Constitution that was being formulated.
He then tries—unsuccessfully, I might add—to connect the ideals of Deen Dayal Upadhyaya with those of present-day BJP leaders. He argues that despite their obeisance to the Constitution, they are only paying lip service while fundamentally changing the freedoms and rights enshrined in it, reverting to a majoritarian state. However, the arguments he puts forth to support this narrative come across as weak, inconsistent, and at times not fact-based. For example, his comparison of the “suspension of rights” during the Emergency and during the COVID-19 lockdown—equating these two vastly different circumstances as proof of authoritarianism in the present government—seems laughable. Likewise, he argues for equality before law for all citizens and vehemently criticizes the CAA, calling it the first law to violate the fundamental principles of the Constitution by using religion as a basis for discrimination against Muslims. Yet, he sidesteps the same principle when it comes to the UCC, echoing the classic leftist view that minority rights and practices must be protected to maintain pluralism and diversity.
While Dr. Tharoor’s heart is in the right place, and his appeal to the youth of the country to be aware of their rights and duties and strengthen India’s democracy is commendable, I believe this book leaves much to be desired. It falls just one step short of being a full-blown propagandist agenda.
Also published here.