THIRUVANANTHAPURAM: “The coach factory that was allotted to Kerala has been taken to Punjab. If Kerala should get its due, what’s happening in Punjab should be replicated here too,” was how then power minister R Balakrishna Pillai exhorted the Kerala Congress workers in 1985 when insurgency was at its peak in the northern state. Later known as the ‘Punjab model’ speech, the provocative remarks with an apparent reference to militancy in Punjab cost Pillai his ministership.
Though Pillai initially denied making the remarks, then Youth Congress leader G Karthikeyan took it up and sought his resignation. It also came up before the High Court. With sedition charges being levelled against him, Pillai had to finally step down. What now remains to be seen is whether CPM minister Saji Cherian, whose remarks against the Constitution have kicked up a row, would take a cue from Pillai and choose to step down or not.
Though Saji Cherian has clarified and expressed regret, it won’t be easy for the Left to douse the ensuing political fire. The Opposition UDF has mounted pressure for his resignation. Even as the CPM categorically rejected the same, the CPI is extremely unhappy about the unwanted controversy that the CPM minister has created. The CPI feels that if anyone chooses to take legal action, it could prove costly for the Left government. It’s more of a moral and ethical issue, feels CPI. Legally, the minister may not be in trouble. According to constitutional experts, the minister hasn’t committed a criminal offence.
He only expressed his disapproval of the Constitution. It could be termed an aggravated form of disapproval. As per the Prevention of Insults to National Honour Act, 1971, if there’s an insult to the Constitution by word or action, the person is guilty. But the Act also clarifies that disapprobation of the Constitution does not amount to criminal offence, pointed out P D T Achari, former secretary-general of the Lok Sabha. “What amounts to criminal offence is beyond disapprobation of the Constitution. If anyone files a complaint, it’s for the courts to take a call,” he added.
The CPM leadership firmly stood by the minister and categorically rejected all demands for his resignation. Terming the remarks as an unfortunate slip of the tongue, CPM politburo member M A Baby said the minister himself has clarified that he had not criticised the Constitution per se. Saji Cherian was mentioning about hardships suffered by people due to the current administrative system in place. He has made it clear that he didn’t intend to say anything against the Constitution. Such slips of the tongue are common. With the minister’s clarification, there’s no need to stoke a controversy, said Baby. However if the situation goes out of hand with CPI escalating the issue, the CPM will have to rejects its minister’s defence.
Political observers feel that the minister made a major political goof-up with his anti-Constitution remarks. The issue should be viewed in the backdrop of the ongoing political scenario, said Left commentator N M Pearson. “This happened because of political ignorance. In today’s political scenario, when the Left has been using the Constitution as a shield against Sangh Parivar’s attack on India’s secular fabric, how can a Left leader undermine the very same Constitution? The issue is not about his right to differ,” he said.
The CPI leadership is extremely disturbed by the controversy, that too at a time when the Left is already on the defensive. It feels that the remarks were highly inappropriate and politically incorrect and could backfire. “As a leader occupying a constitutional position, he cannot make such remarks that undermine the Constitution and its dignity. You can choose to express your dissent against the system functioning under the Constitution, but cannot disown the Constitution itself. If anyone chooses to approach the court, the minister may have to step down. Would there be a bigger shame? Politically too, it could backfire in the current scenario,” said a senior leader.