Source: Government of India
Very good morning all of you.
I was Governor of the state of West Bengal and had the good fortune to be at a place where Britishers ruled for long so an Indian mind had the great occasion to occupy that place. I had the good fortune at the invitation of the Hon’ble President, the first tribal woman to hold that position to be at Rashtrapati Bhavan. I had the good fortune in 1990 to be sworn in as a Union Minister at Rashtrapati Bhavan but something was missing. What happened for 20 years, two decades, it was from this place.
Boys and girls and those in the last bench, you are not backbenchers. You happen to be sitting at the end but you are more significant for everyone. I am always not superstitious, but careful about the seating arrangement. I keep on my right as I do in Rajya Sabha, the Government. So Yogesh Singh and Prakash but on my left, we always have the Opposition Professor Balaram Pani. जिस नाम ने भगवान श्री कृष्ण को ताकत दी वह आपकी लेफ्ट साइड में है, कुछ गलत नहीं हो सकता। It will be the right check on the right side. The left is very powerful and that is why in our body heart is on the left side.
Distinguished members of the faculty and everyone associated with the management and dear friends, but let me start with one observation imparted by your Vice-Chancellor. He reflected rightly that a distinguished judge, a jurist, H.R. Khanna was your alumnus. That reminds me and should remind us always, why in this country we are celebrating two days and those two days are :-
One is ‘Constitution Day’ and;
The second is ‘Samvidhaan Hatya Diwas’.
Why do we do that? We do it with a purpose because on 26th November 1949, the Constitution was adopted. Young boys and girls need to be reminded because that Constitution was tested, strained, mauled, ravaged on 25th June 1975. That was the darkest period in human history of democratic world. I say darkest because the highest court of the land held ignoring verdict of nine High Courts. Nine High Courts were uniform that in democracy fundamental rights can never be put on hold. Access to judiciary cannot be moderated, much less denied being a Fundamental Right under Article 32 of the Constitution but that was done. I would not go more on that but what was held by the Supreme Court? Executive of the day is sole arbiter of Fundamental Rights. It can suspend them for as much time as it likes. There was one dissent voice and that emanated from an alumnus of this place.
Boys and girls, remember what was written at that point of time in the New York Times editorial. I quote from the editorial “If India ever finds its way back to the freedom and democracy that were proud hallmarks of its first eighteen years as an independent nation, someone will surely erect a monument to Justice H.R. Khanna”
So boys and girls, I am at the right place and reminding you that each one of you must always bear in mind why for the last 10 years we are celebrating Constitution Day and why we have started remembering ‘Samvidhaan Hatya Diwas’. Because by virtue of your age, you may not have seen what went through.
Imagine in a democracy, lakhs of people are put behind the bars, tortured, traumatised, with no hope. The tunnel for them was dark, there was no light. Therefore it is befitting, particularly at this place, to start this series and look at the nomenclature of it ‘KARTAVYAM’ a Sanskrit word that defines all. And I am sure it will be game-changing for the nation to be enlightened on these aspects.
In our country, iconization is taking place frequently. We iconize people without testing them. We accord them elevated status on parameters that are baffling. Sometimes it is managed, event managed, and suddenly you will find in a particular field one becomes a leader. Time for us to challenge such things, we must be discerning. We cannot allow these people who have no claim justifiably to influence our minds. Before believing them, we must test them.
Therefore, I am saying unhesitatingly that Campus Law Centre is iconic. It has been tested all throughout. The reputation is well-earned, well-recognised. And why? Because it has been, as indicated by the Vice Chancellor, a great place of ideation. I am so glad you are starting this ideation now in a different mode. By all standards, Campus Law Centre and its alumni have shaped the destiny of the nation. Let me recall my good friend who is no more, Arun Jaitley, and the contributions he has made, and many more.
Therefore, I can say it is a crucible of change and as was reflected in pre-Socrates era by a philosopher, Heraclitus, the only constant in life is the change. This change will emanate now from here on what is our constitution, what are our obligations, and our belief, supreme belief, unrestricted, unregulated, in nothing but truth, absolute truth, because truth is sanctified by our civilisational ethos, our Vedic culture, and is a demand of our constitutional core values.
Therefore, boys and girls, for me it is an absolute honour and privilege to be in this great enormous talent with huge potential, human laboratory of ideation that can catalyse big change and innovation and so my greetings to all of you. ‘KARTAVYAM’ duty in Sanskrit perfectly embodies the gazing that is before me. It is a word rooted in action, obligation, and the moral force that sustains civilisations.
Our father of the constitution, people of great eminence, gave us a constitution thoughtfully, working painstakingly, engaging in dialogue, discourse, debate, deliberation, avoided confrontation, always went for consensus. They had boys and girls divisive issues before them, highly contentious issues, but they gave us a constitution that represents our identity, values, and nation’s aspirations but according to our constitution, our civilisational values, and for any democracy, every citizen has a pivotal role.
I find it inconceivably intriguing that some have recently reflected that constitutional offices can be ceremonial ornamental. Nothing can be far distanced from a wrong understanding of role of everyone in this country, constitutional functionary or a citizen.
According to me, a citizen is supreme because a nation and democracy are built by citizens, every one of them has a role. The soul of democracy resides and pulsates in every citizen. Democracy will blossom, its values will get heightened when citizen is alert, citizen contributes. And what a citizen contributes, there is no substitution of that but boys and girls, if a citizen is the soul of democracy, this soul gets practical dimensions. It becomes fully meaningful. There is ground realisation when a citizen performs duties.
Individual obligations in society are fundamental to sustaining a society and for upkeep of its values and that is reflected in our constitution’s preamble. Before that, those who are law students, let me tell you, in one case, Golaknath, Supreme Court said the preamble is not part of the constitution. Later on, in another bench, Kesavananda Bharati, it is part of the constitution.
Let me tell you, notwithstanding all this, the constitution is encapsulated its essence, its worth, its nectar in preamble of the constitution. And what does it say! ‘We the People of India’, the supreme power is with them. No one is above the people of India and ‘We the People of India’, under the constitution have chosen to reflect their aspirations, their desire, their will through their public representatives. And they hold these representatives accountable, severely accountable on occasions, through elections.
A prime minister who imposed emergency was held accountable in 1977. Therefore, let there be no doubt about it. Constitution is for the people, and its repository of safeguarding it is that of elected representatives. They are the ultimate masters as to what constitutional content will be. There is no visualisation in the constitution of any authority above parliament, Parliament is supreme. And that being the situation, let me tell you, it is as supreme as every individual in the country. Part of ‘We the People’, is an atom in democracy and that atom has atomic power. That atomic power is reflected during elections and that is why we are a democratic nation.
Democracy is not only for the government to govern, it is participatory democracy. Just not laws, but also culture and ethos. Citizenship demands action, not merely status. Already Dr. Ambedkar has been quoted, but I will reiterate. Dr. Ambedkar recognised freedom requires responsibility and that is why we have in our constitution Fundamental Rights and Fundamental Duties. To the students of law, and everyone in general, let me tell you, Fundamental Duties were not there originally in the constitution but constitution is a dynamic document. It has to reflect the aspirations of the people. Take note of contemporary situations, so we had by the 42nd Constitution Amendment Act, a new part added to the Indian constitution, Part IV-A. And that introduced an article 51A, that initially gave Ten Fundamental Duties but then it was felt one more duty needs to be added. And that, if I’m not wrong, was brought about by the 86th Constitution Amendment Act.
Early in this century, to give great impetus on education, we must always give precedence to our duties above our rights because this nation is ours. Nationalism requires commitment that is unadulterated. A commitment that is emanating voluntarily and that this will not be superseded by any other consideration, partisan, personal or otherwise.
Now our constitution, as a matter of fact, boys and girls, reflects our civilisational ethos of thousands of years. We are so unique in the world, unparalleled. The world is recognising our might now. The world is understanding India, Bharat, as it was 1300th centuries ago.
Therefore, we can cull out from Vedic dharm, our constitutional vision and that vision is, democracy is shaped not by governments, democracy is shaped by individuals. Because individuals bear the responsibility to uphold our symbols, preserve our heritage, defend sovereignty, foster brotherhood. This has happened during the emergency. People gave their supreme sacrifice, but did not bargain for the fundamentals of our civilisation, reflected in our constitution. But then boys and girls, what is democracy? We have to understand. Democracy thrives through expression and dialogue. अभिव्यक्ति और संवाद, यह प्रजातंत्र के मूल मंत्र हैं।
If your right of expression is thwarted or regulated, as was done during the emergency, democracy nosedives but if your right of expression, and that right of expression is reflecting arrogance, ego that my expression is ultimate, I will not look at any different point of view. I will not look at the other point of view that again is also not expression, as per our civilisation. Because every expression demands respect for dialogue, respect for the other point of view. You must ever be prepared to be challenged because to challenge is not a physical challenge, it is a challenge of an idea, a thought, that I disagree with you. That does not mean I am disagreeable. There must always be room and therefore expression and dialogue, both are complementary and define democracy.
If we go into our civilisational wealth, इसको वैदिक काल में अनंतवाद कहा जाता था, वाद-विवाद की परंपरा थी। वाद-विवाद का मतलब अहं और अहंकार से दूर था। वाद-विवाद अहं और अहंकार को खत्म करता है, क्योंकि यदि अगर मैं ही सही हूं, मेरे अलावा कोई सही नहीं है यह अहं और अहंकार व्यक्ति को ही नहीं, संस्था को भी धीरे-धीरे खत्म कर देता है। इसलिए प्रजातंत्र के लिए जरूरी है अभिव्यक्ति और संवाद।
Democracy, boys and girls, lives in conversation and everyone is equal when it comes to conversation. I cannot claim a higher pedestal by virtue of my position, that what a boy and girl will say, different than what I say, cannot be right. I cannot be a judge in my own course, to the students of law. Read any book on administrative law, Indian or foreign… you will find this will be repugnant to the fundamentals of natural justice. That being the situation, expressing thoughts fulfils a democratic duty, not just exercising rights. Every young mind, boys and girls, must be activated. Fortunately, on account of technological advancement and our Bharat the technological penetration has stunned the entire world. It has reached the last person, everyone is benefiting.
Boys and girls, the power is in you. You have to project your own ideas, you have to protect the idea which you believe is correct and you have to neutralise the pernicious idea, which you think is wrong because democracy’s health reflects. If you want to know the health of democracy, like the health of an individual, if you want to analyse how healthy is our democracy, then you will have to find out discourse quality, the kind of discourse we have.
Is our discourse moderated? Is our discourse manipulated? Is our discourse controlled by moneybags, by muscle power, by foreign interests, by people working against the interests of this nation? You will have to discern. The quality of discourse defines our democracy and in this, I have no doubt, our youth must elevate beyond partisanship to thoughtful deliberation.
Our youth cannot afford this critical juncture when Bharat is rising. The rise is unstoppable. We are destined to be a global power. We will be a developed nation, you cannot be tied down to partisan interests. You have to believe only in national interests. In India, if we examine our background, there was a time when individuals had profound moral and social standing. Respect was only for those who had high moral and ethical standing, who had everything to give back to society. If I quote Upanishad, “Yatha Pinde Tatha Brahmande” As is the individual, so is the universe. That is why people have narrowly construed the great inclusivity of Bharat, Dharm of Bharat.
Our silenced boys and girls may be very dangerous as thinking minds, as privileged minds getting education in such a great university. You have to be contributors for preserving our national legacy, our thought process and ensure sustainability of it. We cannot afford this to be thwarted by forces inimical to Bharat that have structured sinister designs, pernicious motivations to run down institutions, be that of the presidency, tarnishing individuals. Every word that is spoken by a constitutional functionary is guided by the supreme sublime interest of the nation but the expectation is that our youth, our young minds, and when I say our youth, our youth demographic dividend is envy of the world.
Our youth has catalysed big change. Rise of our economy to that level will be third largest very shortly. It is on account of everyone working in togetherness. Government has a role that it does not become a handicap. Government has a role that it must have affirmative policies. Government is like giving you a good stadium, a good football ground. Goals have to be scored by individuals. You are the people who have to deal.
The ancient wisdom, if you carefully go through our constitutional prescriptions, I’m particularly addressing law students, you will find powerful resonance of our constitutional values. As a matter of fact, high ethical standards, welfare of all, ‘Vasudhaiva Kutumbakam’ these are deeply, indelibly embedded in our DNA. We as a nation are different than any other nation on the planet.
We must legitimately take pride. हम भारतीय हैं। भारतीयता हमारी पहचान है, राष्ट्रीयता हमारा धर्म है, राष्ट्र के प्रति समर्पण करना हमारा सर्वोपरि कर्तव्य है और हमें इसको आगे बढ़ाना चाहिए, सृजन करना चाहिए, इसका संकल्प लेना चाहिए।
Boys and girls, our national transformation stands on five Pillars.
One – Social harmony. समरसता, भाईचारा हो, एक-दूसरे की बात को समझे, यह हमारी सांस्कृतिक धरोहर है। हमें इसको उपजाना है, इसका संरक्षण करना है।
Unifying Diversity, We have always believed in inclusivity. Family nurtured patriotism. बच्चों को शुरू से ही संस्कार सीखना, इसके बहुत दूरगामी परिणाम हैं। यह हमारी संस्कृति का एक अभिन्न अंग है। स्वदेशी, Self-Reliance महात्मा गांधी ने कहा था – ‘स्वदेशी’। Prime Minister ने कहा, ‘Vocal for Local’, पर अब ईसका फायदा देखिए।
Economic nationalism, boys and girls, is a fundamental aspect of economy. When we get in this country items that can be made here, not only are we draining out our foreign exchange, we are depriving our people of work. We are blunting entrepreneurship. We can make भारत आत्मनिर्भर by each individual consciously contributing for it. Be it natural resources. Reckless consumption is not in our traditions because we are trustees. Our fiscal power, our money power cannot entitle us to make a demand on our natural resources which belong to one and all. Beyond human beings to all living beings, civic duties is the Fifth Pillar of it.
Every individual, if he or she decides, we can inculcate a new fervour of nationalistic spirit. By integrating individual responsibility, traditional values, environmental consciousness, in our journey of cultural pride and self-reliance.
लोकसंग्रह हमारे वैदिक कल्चर में है। इसको कह सकते हो कि हर किसी की भागीदारी, हर किसी का योगदान। अपने भारतीय संस्कृति में यदि आप देखोगे और जाओगे पुराने कल्चर में, कन्या दान क्या होता था? व्यक्ति अपनी बेटी की शादी करता था, पर कन्यादान हर कोई देता था। दुनिया के अंदर आज तक इससे बड़ा अजूबा उदाहरण नहीं है की यह क्यों है। यह क्या सीखता है।
Public order stems not from force, not from coercion, from voluntary discipline. National growth depends on citizens’ pervasive attitude. Public order thrives when every individual acts as guardian of law and justice. Just imagine the scene we have faced. Youth must infuse mindsets, How can our democracy can tolerate disruption, property destruction, constitutional challenges, and assault on civilization ethos. Public property, our property are being burnt. Public order being disrupted even when rule of law is taking its own course. We must neutralise these forces. First by counselling, and if counselling does not work, then sometimes a bitter pill has to be given, even to the body to keep it in shape.
Boys and girls, no one has greater stakes than you have. Your stakes are the highest because you are the future of this country. If Viksit Bharat will be attained, which it will be, it will be with your mindset contributing 100%. As they say, the engine must fire on all cylinders in full throttle. We have to understand what is meant by nationalism. It is not jingoistic aggression, but profound love for the nation. Profound belief in our culture and heritage. We have to celebrate our great achievements, take them to greater heights, at the same time being fully cognisant of our shortcomings. Everyone will have shortcomings and failures, these are natural.
A failure is not a failure. It is another stepping stone for success and in that perspective, we have to believe that true nationalism manifests through several elements.
One, give your very best to the nation. Excellence, integrity, conservation, compassion, and not sloganeering. We must keep away from it.
Keeping the nation first, keeping national interest uppermost. We can never have national interest subservient to partisan interest. That is not an option, it is the only way out because we are proud Indians and already quoted by Dr. Ambedkar, forget about everything else. I quote him the relevant part. Ambedkar’s wisdom is, ‘Be Indians first, Indians last, Nothing but Indians.’ And his second one, I quote, ‘Educate, Organise, and Agitate’ was meant for you boys and girls.
Students and the cream is before me and I’m sure students all over the country will be listening to me. Be a responsibility to national unity. Progress, it is your obligation to neutralise divisive voices through active engagement in social media. You have to focus on governance. Improve its quality because you are the foot soldiers for our journey to reach Bharat in 2047, if not before. Nations are built not by governments. Nations are not built by industrialists. Nations are built by individuals.
The power of the individual, as I said, an atom. The power is atomic. You have that power, you only have to realise it but the greatest impact comes, boys and girls, when you excel in integrity. In ethical standards in your field and always aim to serve a public purpose, a public cause. New India would emerge and is emerging only through citizens performing duties with dedication.
Let me warn you on certain things, choosing integrity over expediency. Many people take shortcuts, believe me a shortcut is the longest distance between two points. When you are in trouble, when you are in difficulty. If you take a shortcut with the rule of law. If you take a shortcut with financial discipline. There may be momentary success but when you get into the rut of it, you are never out of it. Therefore, never choose expediency over integrity. Our national character should be that we are honest people because a nation can be honest with honest people only.
Democracy’s quality depends on participation. Voting informed opinions, civil society engagement. Constructive different point of view. Democracy has to be vibrant in our procedure. Educated youth must evaluate politics beyond partisanship. You must learn to demand accountability from everyone including the one speaking to you. You must be highly critical and judgemental. If you think what I say is wrong, I am subject to correction but if you think I am right and still you observe silence, trust me. You will be silenced forever.
सही बात, सही समय, सही समूह को और सही व्यक्ति को कहने में हिचकिचाहट करोगे, तो खुद को तो दुर्बल करोगे ही, उन सकारात्मक शक्तियों को भी आप गहरी चोट पहुँचाओगे। इसलिए, अभिव्यक्ति और संवाद सर्वोपरि है।
Thank you so much.
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JK/RC/SM