A Clarion Call to the Nation: Save Bharat from Chaos and Anarchy

Summary:  The article by T. R. Radhakrishnan examines the relationship between democracy, constitutional responsibilities, political accountability and national unity in the context of India’s ambition to become a developed nation. The author argues that economic development, institutional stability and national progress depend not only on the exercise of democratic rights but also on citizens fulfilling their constitutional duties. Referring to Prime Minister Narendra Modi’s vision of Viksit Bharat, the article urges opposition parties to present constructive alternatives for national development rather than concentrating primarily on political confrontation. A central concern raised in the article is the perceived neglect of Fundamental Duties under Article 51A of the Constitution. The author highlights constitutional obligations relating to national sovereignty, unity and integrity, communal harmony, preservation of cultural heritage, environmental protection, safeguarding public property and renunciation of violence. He contrasts these duties with enforceable Fundamental Rights and observes that constitutional remedies under Articles 32 and 226 do not ordinarily provide a direct mechanism for penalising citizens merely for failing to discharge Fundamental Duties. The article consequently calls for stronger recognition of constitutional responsibilities in public life. Another important subject is the constitutional procedure for removing the Chief Election Commissioner. Referring to Article 324(5) of the Constitution and the Judges (Inquiry) Act, 1968, the article explains the safeguards intended to protect the independence of the Election Commission from political interference. It discusses parliamentary initiation, examination of allegations, special-majority voting and the President’s role in the removal process.

Introduction

Prime Minister Narendra Modi is leading Bharath in to a viksit Bharat that is to say Developed Country. Development cannot exist without democracy and democracy cannot survive without respect for civilisational identity and worth of cultures and peoples. The vision of Prime Minister Narendra Modi is “A ‘New India’ is emerging, driven by inclusive economic growth, a thriving knowledge economy, and a commitment to holistic development. This vision embraces a future built on resilient digital infrastructure, ensuring opportunities for all citizens. With a focus on innovation, sustainability, and technological advancement, India is poised to lead the world in the 21st century, creating a prosperous, empowered nation where everyone can contribute to and benefit from its progress.” Whereas P.M. Modi endeavour is to make Bharat a 40 trillion Economic power combined with military might by 2040, what is the main agenda of the opposition parties spearheaded by Congress Pary and it’s I.N.D.I.A allies? They have only one agenda of bringing down the democratically elected government and usurp power by any means.

Instead, I wish that the detractors of P. M. Modi casting away their hatred towards the present government particularly P. M. Modi and propagating their plan of action for making Bharat a developed and vibrant democracy, one of the most powerful nations economically and militarily of the world, to become the leading light of the global political eco system. They will get better support from the disgruntled public.

Political Propriety and Fundamental Duties Under the Constitution

Political propriety means conforming to established ethical standards, constitutional norms, and expected behaviours in public office and political life.

Do opponents have any political propriety left in them? Their favourite clarion call is to “Samvidan Bachao” (Save Constitution) for which they carry pocket edition of the Constitution of India and swear on it. But they conveniently forget about Article 51A of the Constitution under Part IV-A under FUNDAMENTAL DUTIES particularly the following duties among all other duties.

1. 51-A (c) “to uphold and protect the sovereignty, unity and integrity of India.

2. 51-A (c) “to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;”

3. 51-A (f) “to value and preserve the rich heritage of our composite culture;”

4. 51-A (g) “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

5. 51-A (i) “to safeguard public properly and to abjure violence;”

Non-Justiciability of Fundamental Duties and Constitutional Remedies

There are no direct legal remedies available under the Constitution of India if a citizen violates the Fundamental Duties. Whereas the Fundamental Rights are enforceable through Constitutional writs under article 32 and Article 226 but Fundamental Duties enshrined under Part IV (Article 51-A) of the Constitution are explicitly non-justiciable. Thus, it is construed that the provisions under Constitution by itself do not provide any direct apparatus to punish a citizen, nor can a court directly penalise someone simply for failing to perform the Fundamental Duties enshrined under the Constitution. This lacuna found in the Constitution is unduly being taken advantage by the agitating opponents of the government, gen Z and other opposing student associations and unions by taking shelter under the Fundamental Rights of freedom of speech and the right to protest which may lead to taking law in to their own hands. The result is that chaos, lawlessness, anarchy paralysing the administration to prevent violence and riots. Unfortunately, under the existing political eco system in Bharat, this is what the agitating political eco system seek particularly change of regime by dethroning a democratically elected government which is getting support from Deep State and other external forces also.

Statements of Political Leaders and Public Agitations

The statements of some of the important participants in the ongoing agitation against the government for removing the constitutional position of the Chief Election Commissioner are to be noted specifically on its impact on the public.

Yogendra Yadav stated “Democracy will run from the streets, not Parliament”

Supreme Court Adv Vikas Singh Who Said “Country Will Burn” if Chief Election Commissioner is not removed. Rahul Gandhi, the leader of the opposition on January 15, 2025 during the inauguration of Indira Bhavan in New Delhi remarked: “If you believe that we are fighting a political organisation called the BJP or RSS, you have not understood what is going on… We are now fighting the BJP, the RSS, and the Indian state itself”. Besides, the CJP also gave an ultimatum to remove the Chief Election Commissioner within a couple of days and threaten to continue the agitation till their objectives are achieved. It seems that any Tom, Dick and Harry can give ultimatum to Government and other Constitutional Heads like the Chief Justice and other Constitutional Authorities. Are their acts not a direct challenge directed against a legally and democratically elected government and other Constitutionally Created Authorities threatening the unity, integrity and sovereignty of the nation and yet go with impunity? Are their actions a contempt of the Constitution? Is Bharat a Banana Republic?

Role of the Judiciary and Enforcement of Fundamental Duties

The Chief Justice and other CO-judges have acted decisively and adaptably and deftly handled the situation and put the disgruntled agitators in their proper place. Even though certain remedies are available under constitution to contain the unruly mob, since such actions can be challenged because they are explicitly non-justiciable, they do not have the desirable impact on the public and probably may boomerang on such impositions. Therefore, it is desirable that the Hon’ble Supreme Court may find a solution for implementation of Fundamental Duties under Article 32 or 226 as applicable to the Fundamental Rights. That is the only way anarchy and chaos can be controlled.

Constitutional Procedure for Removal of the Chief Election Commissioner

Regarding removal of the Chief Election Commissioner, it can be done only through invoking Article 324 (5) of the Constitution as applicable in the same manner and on the same grounds as a Judge of the Supreme Court as per rigorous, quasi-judicial impeachment procedure which is governed by the Judges (Inquiry) Act, 1968, ensuring the Election Commission’s strict independence from political pressure under the following grounds of proved misbehaviour which implies corruption, abuse of power or conduct unbefitting of the constitutional office and also on account of mental or physical inability to perform the duties of the office.

Five Parliamentary Procedures for Removal of the Chief Election Commissioner

Besides, the removal process consists of step by step following five parliamentary procedures.

1. Initiation of motion by parliament for which a written notice of motion signed by a mandatory minimum 100 members of Lok Sabha and a minimum 50 member of Rajya Sabha to be furnished to the presiding officer.
2. The motion is submitted to the Lok Sabha Speaker and Rajya Sabha Chairman respectively who may admit or reject it.
3. If admitted, a three-member committee consisting of a Supreme Court Judge, a High Court Chief Justice, and a Jurist, who will investigate the charges. The CEC may defend himself. If the charges are unfounded, the process will end. If found guilty, the matter will be decided through voting.
4. Both Houses of parliament must pass the motion in the same session with a two-third majority of the members of Lok Sabha and Rajya Sabha.
5. An address is presented to the President of India upon passing the motion, leading to the official removal order.

National Unity, Constitutional Integrity and the Way Forward

It is worth noting that No CEC has ever been impeached or removed in Indian history. Other ECs can be removed by the President on the CEC’s recommendation. It is not going to be an easy task to remove the Chief Election Commissioner. Considering the ongoing national and global geo political changing happenings, we fervently hope and fervidly pray that our political eco system will understand that every right is derived out of a duty to be performed first, and the fundamental duties are enshrined in the constitution.

The citizens shall not forget that there is no sovereignty without national unity, and no unity without collective integrity and a state’s ultimate shield is the integrity of its institutions and the unyielding unity of its citizens. Will our political eco system understand this basic principle?