Read Time: 07 minutes

Synopsis

On Constitution Day 2024, Manan Kumar Mishra, Chairman of the Bar Council of India (BCI), sharply criticized the political manipulation of the Constitution, accusing certain political figures of using it as a tool to gain votes.

Speaking to the audience at the Supreme Court's celebration, Mishra condemned what he termed the "mockery" of the Constitution by those who, in the name of reservations and other constitutional provisions, mislead the public for electoral purposes.

“The frequent misuse of constitutional provisions, particularly in the name of freedom of speech, is both shameful and dangerous...The mockery of the handbook of our Constitution for vote politics misleading the people in the name of reservation are glaring examples of such misuse,” Mishra said, warning that such actions are detrimental to the nation's democratic integrity.

Mishra's remarks were part of a broader address celebrating the Constitution's role in India’s success. He pointed to the smooth constitutional implementation as a key factor behind India's position as the world’s third-fastest-growing economy, attributing this achievement to the dedication of leaders like Prime Minister Narendra Modi.

“Unlike Pakistan and Bangladesh, India’s Constitution has paved the way for remarkable progress, and we owe this to the vision and commitment of leaders like Modi Ji,” Mishra said, emphasizing that the nation's development has been deeply rooted in constitutional principles.

He also recalled pivotal moments from history, particularly the 1940 Lahore Resolution by the Muslim League, which called for the separation of Muslim-majority areas, eventually leading to the creation of India and Pakistan.

“It is our duty to educate the younger generation about this history,” Mishra noted, stressing that the Constitution has been instrumental in maintaining the country’s unity.

While defending the Constitution, Mishra also cautioned against claims that the Constitution was under threat, drawing attention to the 42nd Amendment during the Congress regime, which he argued had curtailed judicial review and weakened fundamental rights. “Those claiming that the Constitution is under threat must remember the past. The 42nd Amendment during the Congress regime curtailed judicial review, reduced state autonomy, and weakened fundamental rights,” he said.

Mishra also defended several recent legal reforms, including the Citizenship Amendment Act, the Jammu and Kashmir Reorganisation Act, the prohibition of triple talaq, and provisions for reservation for economically weaker sections and women in legislatures. "These reforms stem from the principles of fundamental rights enshrined in Part III of our Constitution," he asserted.

On the subject of judicial oversight, Mishra expressed concern over the political misuse of constitutional provisions, particularly in the context of freedom of speech. “The frequent misuse of constitutional rights, especially in the name of free speech, is both shameful and dangerous,” he said.

Mishra also addressed the need for the judiciary to take action in cases where political leaders are accused of altering the demographic makeup of regions for electoral gain. He cited the conversion practices in tribal areas, alleging that local leaders were encouraging such actions for political advantage. "Judiciary will have to take suo moto cognizance of such unfortunate events," Mishra emphasized.

Concluding his speech, Mishra reaffirmed his support for judicial independence while emphasizing that the judiciary must also act in the public’s interest. He acknowledged the importance of working in tandem with the government, stating, "When the people trust their leaders, it’s essential for the judiciary to support policies that reflect the will of the people."

Mishra also expressed his gratitude to the judiciary, particularly for its support in upholding the abrogation of Article 370, praising the Supreme Court for protecting national unity in line with Dr. B.R. Ambedkar’s vision.