The First Amendment of the Constitution, June 18, 1951 and Today's India : A Brief Assessment

*The First Amendment of the Constitution, June 18, 1951, and Today's India : A Brief Assessment*

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      @Adv.LakhanPal Singh Katre 

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       Some illusions can be fascinating. The freedom of India has been overshadowed by the illusion of freedom of the "India" that exists today. If the leadership of India's first cabinet had been handed over to a true son of India, rather than the then temporary/Acting Prime Minister Jawaharlal Nehru, perhaps Article 32 of the Constitution wouldn't have faced such difficulties.

        Article 32 of the Constitution states that citizens have the right to move the Supreme Court to enforce the rights conferred by Part III of the Constitution. This article is considered the "soul" and "heart" of the Constitution, as stated by Dr. Babasaheb Ambedkar.

       However, before the first general elections in 1952, the then temporary/Acting government, led by Jawaharlal Nehru, introduced the First Amendment to the Constitution. This amendment included Articles 31A and 31B, which validated certain acts and regulations, including those that took away or abridged the rights (specifically of Farmer's rights) conferred by Part III of the Constitution.

        These amendments were made without the consent of the people, (as made before constituting the First elected Parliament come into force in 1952) and they have been detrimental to the interests of Indian farmers. Despite being unconstitutional, these provisions have remained in the Constitution, as no one has challenged them effectively (2).

       *The Unconstitutional Laws and the Indian Farmer*

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       The first amendment to the Indian Constitution, made on June 18, 1951, has had a profound impact on the lives of Indian farmers. This amendment, which was made by the temporary/Acting government of India, led by Jawaharlal Nehru, has been detrimental to the interests of farmers.

      Article 31B, which was introduced through this amendment, has been used to validate various anti-farmer laws, which have been included in the Ninth Schedule of the Constitution. These laws have been passed without the consent of the people and have taken away the fundamental rights of farmers, as guaranteed by Article 32 of the Constitution.

      The Indian government has used Article 31B to justify the passing of these anti-farmer laws, which have led to the exploitation of farmers and the neglect of rural areas. This has resulted in the economic, social, cultural, and industrial development of India being skewed in favor of urban areas, at the expense of rural areas.

      If the leadership of the first central cabinet had been handed over to a true son of India, rather than Jawaharlal Nehru, perhaps the fate of Indian farmers would have been different. Perhaps India would have become a country where farmers were treated with dignity and respect, and where rural areas were developed on par with urban areas.

      Despite the anti-farmer laws and policies, Indian farmers have continued to produce food grains in abundance, feeding a population that has grown from 36 crore to 135-140 crore. This is a testament to the hard work and dedication of Indian farmers, who have continued to toil in the fields, despite the odds being against them.

       In the context of India's development, the views of renowned environmentalist Madhav Gadgil are worth noting. He emphasizes that for a country like India, which is primarily based on villages, agriculture, and nature, it is essential to first focus on comprehensive rural development, including free primary and secondary education, primary healthcare, and robust infrastructure. Only then should industrialization be pursued. This approach is in line with Mahatma Gandhi's thoughts on development.

        However, contrary to this approach, the Indian government in 1947 decided to prioritize the development of infrastructure such as roads, railways, coal-based power generation, and mining, as well as polluting chemical industries. This led to the construction of large dams for water supply and power generation, resulting in the destruction of forests, soil erosion, and the loss of biodiversity. The unchecked growth of cities and industries has led to environmental degradation, and India is now facing severe environmental problems.

         The consequences of these anti-environmental and anti-people policies are evident. India's mortality rate is 307 per million, whereas Bangladesh has a much lower rate of 135 per million. In the global environmental performance index, India ranks 177th out of 180 countries. In the global happiness index, India ranks 139th out of 149 countries.

       Considering the current state of India (and the world), it is clear that the concept of development and progress that we had earlier is actually anti-nature and anti-environment. In reality, it is now acknowledged by the global community that any development that ignores the unique characteristics of a region is unsustainable, unbalanced, and anti-environment.

       Experts have proven through various examples and models that development without agricultural/farmer development is not a viable or sustainable option for India, given its geographical, historical, social, and cultural context. However, it seems that the "development model" of India is being deliberately designed to ignore this obvious truth.

        If this continues, then only God (if he exists) can save India from the wrath of nature. Otherwise, the consequences will be disastrous.

        Despite this, there is a glimmer of hope that God (if he exists) will soon grant wisdom to India's policymakers. This is the only prayer that farmers like me can offer.

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[References: 

(1)Various Facebook articles by Amar Habib, Makarand Doijad, and an article by Madhav Gadgil in noted Marathi Daily "LokSatta" on August 12, 2021. I am grateful to all three.

(2)https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-first-amendment-act-1951]

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[Please note that if any part of my analysis is found to be incorrect or misleading, I request experts to kindly point out the mistakes and suggest corrections. I am a firm believer in the constitutional principle that "Dissent is the voice of progress."]

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@Adv.Lakhanpal Singh Katre,

Borkanhar-441902, Distt.Gondia. 

(09.12.2024)

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