Observing that any person claiming to be Hindu, Muslim, Sikh, Buddhist or Christian nationalist is not only working against ‘Indianism’ but against the very thought of India, the Jammu and Kashmir high court directed the Election Commission of India to prevent those people from contesting the polls whose actions and utterances pose threat to the Constitution.
In a landmark judgment, justice Muzaffar Hussain Attar also directed the Union of India to consider and ensure that all persons and organisations who attempt to subvert Constitution are stopped in their tracks by taking recourse to the provisions of law.
“In our constitutional philosophy, there is only one ism that is Indianism. All other isms are sworn enemies of Indianism. Any person claiming to be Hindu nationalist, Muslim nationalist, Sikh nationalist, Buddhist nationalist or Christian nationalist is not only working against Indianism but against the very thought of India,” Justice Attar said in the 21-page judgment after hearing a petition filed by the Kashmiri non-migrant pandits seeking protection of their religious places.
Justice Attar observed that it appears that “in terms of Constitution of India, which guarantees all the rights, which include right to practise and profess one’s religion and faith, there was no requirement of bringing in expression ‘secularism’ in the preamble of the Constitution.
“This expression has evoked sharp reaction from a section of population and divided people of the country into different pigeon holes of different isms. A very serious and potential threat is posed to the very existence of the idea of India by the fringe elements, who take cover under various types of isms other than Indianism. India is not a Hindu, Muslim, Sikh, Buddhist or Christian India. It is India which is born from the bosom of unrelenting struggle of millions of people,” he said.
Justice Attar directed the chief election commissioner (CEC) of India to invoke provisions of law including that of representation of people’s act against the person or persons and organisation or organisations whose actions and utterances pose threat to the constitution of India and ensure that they are prevented from seeking elections to the parliament and state legislatures.
“He (CEC) is directed to consider for issuance of executive instructions for disqualifying such person or persons from contesting elections to the parliament and state legislatures and for barring such organisations,” the judge said.