By: Arun Anand

As India gets ready to celebrate its 77^th Republic Day, it would be appropriate to look at the relationship between ‘Hindutva’ and the Constitution of India. There has been a concerted attempt to position the two as contradictory. But the fact of the matter is that Hindutva, Hindu Dharma, and the Spirit of the Indian Constitution are in perfect sync. No binaries exist in this context.

In Hindu Dharma views law is viewed as a moral order and it governs both the ruler and those who are ruled. Article 14 that made equality before law a fundamental right also establishes constitutional supremacy. This is an expression of the key principle of Hindu  thoughtthat  even the king is bound by Dharma. By placing law above individuals, the Constitution reiterates the age-old Hindu Dharmic notion that authority is legitimate only when it is righteous.

Indian Classical texts on governance have put Rājadharma—the ruler’s duty to ensure justice, welfare, and protection- at the core of our governance system. The same are echoed by Directive Principles of State Policy (Part IV) in Indian Constitution with Article 38 (Social order for welfare of the people), Article 39 (Justice, livelihood, equitable distribution) and Article 41–43 (Social security, work, dignity of labour)

 Sarva Dharma Sambhava

The Indian notion of ‘Secularism’ is rooted in not merely ‘tolerating’ but accepting all religions. As Swami Vivekananda explained this in the World Parliament of Religions on 11 September, 1893 in his historical address: “I am proud to belong to a religion which has taught the world both tolerance and universal acceptance. We believe not only in universal toleration, but we accept all religions as true. I am proud to belong to a nation which has sheltered the persecuted and the refugees of all religions and all nations of the earth. I am proud to tell you that we have gathered in our bosom the purest remnant of the Israelites, who came to southern India and took refuge with us in the very year in which their holy temple was shattered to pieces by Roman tyranny. I am proud to belong to the religion which has sheltered and is still fostering the remnant of the grand Zoroastrian nation. I will quote to you, brethren, a few lines from a hymn which I remember to have repeated from my earliest boyhood, which is every day repeated by millions of human beings: ‘As the different streams having their sources in different places all mingle their water in the sea, so, O Lord, the different paths which men take through different tendencies, various though they appear, crooked or straight, all lead to Thee.”

The Indian Constitution expresses the same spirit through Articles 25 to 28 that guarantee freedom of religion. These were also made part of the fundamental rights by our Constitution makers. The same spirit has been expressed in the ancient Hindu scriptures with expressions like Ekam Sat viprābahudhāvadanti (Truth is one, sages call it by many names).

 VasudhaivaKuṭumbakam

The idea that the whole world is one family was conveyed by ancient Hindu wisdom by underlining the principle of Udaracharitānāṁtuvasudhaivakutumbakam (For those with a generous heart, the whole world is One family.”

Article 51 of the Indian Constitution carries forward this vision in contemporary context as it states, “The State shall endeavour to promote international peace and security, maintain just and honourable relations between nations, foster respect for international law and treaty obligations in the dealings of organised peoples with one another and encourage settlement of international disputes by arbitration.

 Social Justice: Reformist Dharma

There have been several movements in Hindu Dharma such as the Bhakti movement, the Vedanta movement in the past with strong reformist currents to ensure social justice. The ethos of social harmony was best represented by this hymn in Rig Veda: “Om Saṃgacchadhwaṃsaṃvadadhwaṃsaṃvomanāṃsijānatām | Devābhāgaṃyathāpūrvesañjānānāupāsate.” (May you move together, speak together, let your minds be in harmony). Hindu Dharma has always emphasised that people in a society should move together, have shared understanding and think in harmony. The collective insight should be nurtured and they should share goals that would bring enduring social unity and spiritual harmony.

Article 15(4) and Article 16(4) and Article 17 manifest this in modern context.  While Articles 15(4) and 16(4) call for affirmative action to empower marginalised sections of the society, Article 17 called for abolition of untouchability

 Protection of Nature

Nature is considered to be divine in Hindu Dharma. In the ancient book of Rig Veda, there are many hymns in praise of nature. In Hindu thought nature is not an inert matter but it is a sacred, conscious living force that forms the core of our existence. So, it should be sustained and not exploited.  The Vedic literature defines the relationship between man and nature as, “Mata Bhumih Putroham Prithivyah” (Earth is my mother, and I am her son).

The same ethos has been reflected in the Indian Constitution through Article 48A and Article 51A(g).

Article 48A comes under the Directive principle of the State policy. It implies that the State shall endeavour to protect the environment. It also emphasizes safeguarding the forests and wildlife of the country. Article 51 A(g) is part of the fundamental duties and it states that it shall be the duty of each and every citizen of India to protect and improve the natural environment including lakes, rivers, forests, and wildlife. This article also focuses on showing compassion for living creatures.

Madhyama Mārga

Hindu Philosophy has always believed in balance and shunned absolutism. This gets most appropriately reflected in our Constitution that has struck a perfect balance between rights and duties, liberty and social order, State power and individual freedom. This is the true manifestation of a Dharmic equilibrium.