Union Minister and BJP leader Arun Jaitley addressing Rajya Sabha on discussion on Constitution.
Here are the highlights:
- Ambedkar is not seen just as the creator of our Constitution but also as a social reformer
- The harsh conditions in which he was brought up and the hardships he faced, he fought against the injustice believing in the values of our country
- Dr Ambedkar's statements are very important for society even today
- When we look back in these 65 years we see how world has changed and democracy was dissolved in many countries, dictatorship took over and in this country whenever there was any fear for the democratic system we fought it.
- Our founding fathers played an important role in building these institutions
- I was born 5-6 years after independence. That is why I didn't have a role to play in the framing of constitution.
- The inherent strength of the Constitution lies in the fundamental rights
- I believe the core values of our constitution are expressed in this- Equal rights, no discrimination, right to freedom of expression
- In the Constituent Assembly, fundamental rights can be suspended if there is any danger to the country
- Government succeeded in convincing the Supreme Court that if the Article 21 is suspendable, this was dictatorship at its worst.
- If someone comes on TV and gives an irresponsible statement, it is called intolerance
- Those who now swear by the Constitution supported it
- It goes to the credit of the government which comprise mostly of people who had suffered because of suspension of Article 21
- The Constitution was amended and Article 21 was made non-suspendable
- One of the fundamental rights of the Constitution was also the right to own property
- The only fundamental right that has been repealed in India is the Right to own and acquire property
- Coop Federalism, one great aspect of it has been that after misusing it mostly during one party rule, it has gradually been phased out
- 'Those who talk of tolerance' snatched the Right to Life during emergency
- The separation of powers among the executive, legislative and judiciary was one of the core ideas that Ambedkar gave us.
- If there is a dilution of separation of powers which is taking place, it is not coming from executive or legislative, It is not coming from Central or state governments.
- In fact what started as a positive note as activism by courts, at times a question is raised does it cross the lakshman rekha of separation of power
- The argument is that when legislature doesn't act, we have to. You only have the power to direct.
- I just want to raise the topic that in the Constitution what was the concept, Article 14 said that the State shall not discriminate against anyone, Article 15 went a step ahead, caste, creed etc, Article 25 said every man has the right to practice and propagate, Article 29-30 gave special rights to minorities
- Constitution envisaged by BR Ambedkar rejected theocracy, state won't discriminate on the basis of religion
- State will have a no discriminatory attitude but everyone will have right to propagate their religion
- The State shall endeavor to secure a Uniform Civil Code throughout the territory.
- If Dr Ambedkar had today proposed this, how would this House have reacted to this
- How would the House have reacted if Dr Ambedkar had proposed Article 44 and 48
- Dr Ambedkar had put Article 13 which says the fundamental rights given are superior and there can be no law that can overrule it
- And if there is any old law which says so, it shall not be applicable over this
- Dr Ambedkar brought Article 13 to say that no low can violate fundamental rights
- We still have personal laws across religions which violate fundamental rights
- We stand for a constitution which does not have a state religion
- The biggest challenge this country faces is terrorism. We have to fight it.
- Dangers to the constitutional order can come when constitutional systems are used to subvert them
- You don't have to bring a dictatorship, there are illustrations in History and the most glaring example of it in the last century was in Germany in 1933
- A constitution and its provision were used to subvert democracy
- I think we should block all systems by which provisions can be used to subvert constitutional systems
- Adolf Hitler is Germany and Germany is Adolf Hitler, said Rudolf Hess. I am only referring to what happened in 1933
- When we reaffirm our faith and the great document that DR Ambedkar prepared. We must all be prepared to strengthen all institutions.