Editorial: Appreciate the Constitution of India

The reason we remain one of the rare countries to celebrate a Republic Day is because “Republic” is no ordinary word in the Indian context. With us, it is a commitment under which supreme power is exercised not by some remote monarch, but by the people. Sikkim, in turn, has a special debt to the Constitution of India. Its special status within the Union of States that is India has been written into this document and because it is so, no one can deny this status. Attempts may be made to dilute this status, and some might even succeed, but fact remains that such dilutions will remain temporary. The moment someone holds up the mirror of the Constitution to such dilutions, the status as enshrined under Article 371F will be returned to Sikkim. That is something that no Tripartite Agreement or Old Law can guarantee and that is why Sikkim, even though it was not a part of India when the Constitution was drafted and installed, needs to be grateful to the great minds that gave us our Constitution.
What is safeguarded by Article 371F will always be safe, the Constitution is strong enough to guarantee that, but the real aspirations which moved the people so strongly in 1975 as to become part of democratic India will be achieved only when the true potential of the Constitution trickles down to every corner of the State. For that, a more complete understanding of this document needs to be promoted. For that, Sikkim, its people and its leaders will need to expand their scope beyond Article 371F. Agreed, this is the Article which provides the special arrangement for Sikkim as a part of India, but what should not be overlooked is that this special arrangement is essentially incorporated for the Sikkimese to enjoy the guarantees of the rest of the Constitution. The Republic Day is past, but there is still time to make a resolution to acquire a more complete appreciation of the Constitution of India. Take Article 371F for example, it is almost always exclusively quoted with reference to clause (k) and its opening remark, “all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein...” This is the inclusion in the Constitution which protects Sikkim’s Old Laws. That sentence however continues to state: “...until amended or repealed by a competent legislature or other competent authority”. The next clause – (l) – had empowered the President of India to bypass the “competent legislature or other competent authority” and “make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient”. There has not been enough discussion on clause (k) in its entirety and it is perhaps time that the people did so. Agreed these are not times in the country, or even the world for that matter, when one finds much faith in either “competent legislatures” or “competent authorities”, but if one were to look beyond the infectious scepticism of the times, one might emerge with an even deeper respect for the Constitution of India. The attendant clause which allows a “competent Legislature or other competent authority” to amend or repeal existing Old Laws need not necessarily be seen as an instrument to dilute Sikkim’s uniqueness, but instead as empowerments to allow Sikkim to adapt to changing times... on its own terms.
The Constitution of India is nothing if not organic and flexible; it is that rare document which can keep step with the times and has never been regressive. If more informed discussions were undertaken to flesh out its virtues and what it makes possible for Sikkim, the State and its people can set even better terms for their involvement in nation-building while still ensuring Sikkim’s unique identity within India. This is after the document that makes every Indian free, equal and empowered; and in the case of Sikkim even more so. But to secure its true potential, there has to be more faith and more sharing. The Constitution was never offered as a magic mantra to end all ills of society or compromises of governance, it was drafted to strengthen the hands of those who could bring about real change. Speaking on the draft of the Constitution, Dr. Ambedkar had claimed that, “It is workable, it is flexible and it is strong enough to hold the country together both in peace time and in war time. Indeed, if I may say so, if things go wrong under the new Constitution, the reason will not be that we had a bad Constitution. What we will have to say is that Man is vile.”