Maharashtra Chief Minister Devendra Fadnavis.
Credit: PTI file photo
Mumbai: Maharashtra Chief Minister Devendra Fadnavis on Wednesday hailed the Constitution, saying it has weathered many storms in 75 years and that nobody can tamper with it in future as its supremacy over both judiciary and legislature has been established.
Speaking in the legislative assembly over a debate on the 75 years of the Constitution, Fadnavis said the Uniform Civil Code (UCC) and prohibition of cow slaughter were mentioned in the directive principles of the state policy of the Constitution, and those who criticise it have not read the Constitution.
Ahead of the last year's Lok Sabha elections, the Congress and other opposition parties claimed that the BJP would change the Constitution if it returned to power at the Centre. After the polls, as the BJP lost majority in the Lok Sabha and ended up winning just 240 seats, its leaders blamed the opposition for its "fake narrative".
Fadnavis said, "The Constitution is a reflection of the country's unity and diversity. It upholds secularism and ensures protection of all religious faiths. It also upholds values, brotherhood, and is the soul of India.
Equality and dignity of people is the foundation of the Constitution, he said.
"I want to tell those who chant 'Save Constitution' that nobody can touch it. The Constitution has weathered several storms in 75 years. A landmark judgement in the Minerva mills case said the basic structure and federal character of the Constitution cannot be changed and was non-negotiable," he said.
"The Constitution cannot be changed by anyone. The threat which was there before and during the Emergency is over,'' he said.
The Constitution was changed in the Shah Bano case to prevent justice to her while the Modi government amended the Constitution to end triple talaq, Fadnavis said.
The Indira Gandhi government brought the 24th Constitutional amendment, which gives Parliament absolute power for amendment and the 26th amendment gave all powers to Parliament, he said.
"The 42nd amendment made 99 sub-amendments, which includes keeping the posts of Prime Minister and Lok Sabha Speaker out of the judicial purview. 'Socialist' and 'secular' words were added to the Preamble of the Constitution. In the Minerva mills case of 1980, the Supreme Court ruled that the basic structure of the Constitution cannot be changed and restored the supremacy of the Constitution," he said.
The Emergency ensured that fundamental rights were suspended along with freedom of speech and expression while bringing in censorship of media. Opposition leaders were arrested under the Maintenance of Internal Security Act (MISA), he said.
Fadnavis said that as per the 42nd amendment of the Constitution, the subjects of the state list were taken to the central list.
The police of any state can go to any other state and the President of India cannot re-consider and reject any decision of the government. The President was made a puppet, he added.
He said the Constitution provides for reservation to ensure level-playing field to all sections of society.
Dr B R Ambedkar said quota will be for 50 years as he thought discrimination would end. But until there is equal opportunity, reservation will continue, Fadnavis said.
"Under the directive principles of the state policy, Uniform Civil Code (UCC) and protection and conservation of cows are mentioned, and those who criticise it have not read the Constitution...We are just a quasi-judicial federation. The powers of the state and the central government are all well defined," he said.