Memoranda for Submission to the Chief Ministers of the Two Telugu States.


Essential Amendments to Our Constitution

Dt:  30/11/22

Essential Amendments to Our Constitution

Dr T.H.Chowdary*


We may consider each generation as a distinct nation , with a right , by the will of the majority , to  bind themselves but none  to bind the succeeding generation more than the inhabitants of  another country.

-Thomas Jefferson


The workability of a Constitution is not a matter of theory. It is a matter of sentiment.  A Constitution like clothes must suit  as well as please . If the Constitution  does not please then, however  perfect it may be it will not work. To have a Constitution which runs  counter to the  strong sentiments of a determined section is  to court disaster if not  to invite rebellion.

– Dr Ambedkar (P365,  “Pakistan  or Partition of India” .)


India’s Constitution adopted after nearly three years of labours from 1946 to Nov 1949 is the  world’s longest with 395 Articles and 12 Schedules.  While the 235 year old US Constitution was so far amended 26 times, ours has been amended 103 times in 73 years . The mother of parliaments and  democracy, England has no written Constitution. Centuries long conventions are cited as its  Constitution.  One particular feature  of our Constitution is Part-IV which  is titled “Directive Principles of State Policy” with 16 Articles ( 36 to 51A) laying down objectives like Uniform Civil Code (44);


compulsory  8 years long free education to children ages  6 to 14 years ( 45); fundamental duties  ( 51A); prohibition of  slaughter of cows and calves and other milch and draught cattle (48); living wage for  workers (43); promotion of welfare of people (38) etc.  These, unlike fundamental rights  (Part-III) ( Articles 12 to 35) are not justiciable   unless enacted into laws.


2. A number of Articles in the Constitution are either impliedly or expressively, adversely discriminative  against  Hindus. Some matters like the necessity to  stop run-away growth of  population, treating interstate rivers as national  resources  to be  equitably shared by all states, setting a sun-set date for  reservations  so that  their benefits  don’t create new privileged  hereditary classes, setting  a definite  limit   on the  proportion, as to which   categories of the  population   qualify for special treatment as minorities, in which  states, are some matters which  should be introduced by way of  amendments in to our Constitution .  There is  pressing need for following amendments.


3. Article-30 of the Constitution confers extraordinary rights and privileges to religious (and linguistic) minorities to establish and manage educational institutions of their choice. By an unfortunate judgment of the Supreme Court, this Article is being utilized by the religious ( and linguistic) minorities to establish professional colleges for engineering, medicine, dentistry, management, computer applications etc. There is no limit to the number and type of colleges a minority can establish. None of these subjects have anything to do with religion or religious culture or that religious civilisation. The admission capacity for these institutions is not at all related to the population of the minorities or more importantly & relevantly, to those who are eligible for admission to these colleges. 70-80% of the seats are being sold to Hindus. The result is minority colleges are for money-making; minority managements are selling seats to Hindus. It is estimated that the Muslim and Christian minority professional colleges in the two Telugu states  alone are selling seats to make about Rs.500cr per year from Hindus.  The monies are utilized to destroy Hinduism by conversion and by other aggressive activities. Governments have little control over the management of these institutions and selection and appointment of teachers and other staff. They are thus above the law.

            Such a right is denied to Hindus . Hinduism is of several castes . Actually, every caste is a minority. Article-30 must be so amended as to confine educational institutions to which this Article refers, to be concerned only with religion and culture and language and history of these people and not for secular subjects like engineering, medicine, law, education etc. In the alternative, the same right and privilege must be given to Hindus also which should include Buddhists and Jains and every other sect.


4.  Art -25 gives the right to profess, practise and propagate religion. Actually, all rights included in Articles - 25 to 30 ought to be to individuals but the rights are exercised by a group of people, call them minority or a religious group. The term propagate is interpreted to include convert also and so is being used  by Christians and Muslims to decimate Hindus. Conversion is a full time business by Christian missions and churches and their NGOs with tens of thousands of full time paid propagandists. They receive money from several quarters of the world .They have targets. They have budgets and they have business plans. This cannot be said to be the freedom of an individual but is freedom to aggressive, proselytizing religious organizations to market religion and to gain converts just as any business gets customers. There are advertisements, there are shows and talks and rallies and assemblies just like companies launch their products and propagandize their services. This has nothing to do with spirituality. It is plain and simple aggression on Hindus who don’t believe in conversion. This one- way aggressive trade is obnoxious and amounts to war on Hindus.  This article throws the lambs of Hindus as prey to the  violent  beasts of prey, violence-soaked semetic religions. Art-25 should be amended to restrict the freedom of religion to profess and practise and not to propagate. Propagation by multi -national conversion (MNC) enterprises is aggression on Hindus and imperils  their existence.   Opposition to this Article was eloquently and  poignantly voiced  by prominent Members  of the  Constituent Assembly,  Sri Loknath Misra and Prof. K.T.Shah  while speaking on this provision,  Sri Loknath Misra, an eminent  parliamentarian and scholar observed, “….to my mind  article 19 (which became Art-25 in the   final version  of the   constitution) is a Charter for Hindu enslavement. I do really feel that this is the   most disgraceful article, the blackest part of the draft constitution. I beg to submit that I  have considered and studied all the constitutional precedents and have not  found anywhere,  any mention of the  word propaganda (propagate)  as a fundamental right relating to religions…propagation of religion brought India into this  unfortunate state and India  had to be divided into Pakistan and  India. If  Islam  had not come to impose its will on this land, India would have been  a perfectly secular  state and a homogeneous state. …if you accept  religion, you must accept  Hinduism as it is practised by an overwhelming   majority of the  people of India….”


Prof  K T Shah was another  eminent member of the Consembly. He too was opposed to have this fundamental right to propagate  religion  put in our constitution.   While opposing this  provision,  he moved an amendment  which  ran, “ provided that no propaganda in favour of any one religion which is calculated to  result in change of  faith by the induvial affected shall be allowed in any schools or colleges  or other  educational institutions;  in any hospital or asylum or in any other place or institution where persons  of a tender age or of unsound mind or body are eligible to be exposed to  undue influence from their teachers, nurses or physicians, keepers or guardian or any other person set in authority above them and which is  maintained fully or partially from public revenues or is  in any way aided or protected by the  government of the  Union or of any state or public authority  therein”.



The word propagate must be removed from Article 25.


5. Article 26   is about Freedom to Manage Religious Affairs  subject to publci order, morality and health. Every religious denomination or any section thereof shall have the right 

(a)    to establish and  maintain institutions for religious and charitable purposes.

(b)    to mange its  own  affairs in matters of religion

(c)    To own and acquire movable and immovable property

(d)   To administer such property in accordance with law

In compliance with this article the places of worship  of Muslims’ mosques and churches   of Christians  are left free to be established, managed and  administered by  organizations of respective religions. But  the temples of Hindus in India, especially in South India are managed and administered by  Trust Boards appointed by the   state governments and   Endowment  departments of the states.  This is a gross adverse discrimination against  Hindus .   The members of the  Trust Boards are  changed every time a different party comes to power in the state . Financiers of the  winning party, party men not accommodated as ministers  or Directors and Chairmen of state-owned corporations are  accommodated as  members of the  Trust Boards. The Endowment Department  compromises of any government servant,  whether he is a Christian or a Muslim or  a pseudo-Hindu ( that is, who  produce a false  certificate as  SC) . The  resources  financial and other, of the   temples are not  used for the  propagation  and defense  of  Hinduism  against its  predators  that is,  Islam and  Christianity .They are also not used to establish and maintain schools and hospitals to render service to   people;  other  religious bodies  establish them and service through them  gain converts.  It is therefore necessary that this Article   should  expressly  state  that the places of worship and their  assets and incomes  should not be  managed and administered by government.  A law should be made prohibiting  state governments   from managing and administering the places of worship  of all religions and  their  denominational sects.  The Supreme Court  may be approached to rule that all state governments should  disengage themselves  from  managing and administering Hindus’ places of worship. 


6. Article 27 is about  Freedom as  to payment of taxes for promotion of any particular religion.  During the rule of  imperialist, colonial Muslim rule in parts of India a tax,  Zezia was imposed on Hindus who did not  convert to Islam.   The Union and Several state governments  are  having Minority Welfare  Departments  . There are  Minority Finance Corporations and  minority welfare departments to these,  from the general budget allocations are made and those  funds  are utilized  for subsidizing  Muslims’ pilgrimage  Haj to Mecca,  construction of mosques and Haj Houses;  subsidies to Christian’s  pilgrimage  to Jerusalem and construction of churches  .   Minority welfare departments’   budget funds  are spent specifically  to the advantage  of Muslims and  Christians. This is indirect taxation  of Hindus  as the largest contribution  to  State and Union governments funds  comes from Hindus. A PIL was moved in the Supreme Court   to stop  the spending of   budgeted tax and  debt revenues  specifically  for the religious groups  Islam and  Christianity.  It was not successful. This is  indirect subversion   of the   Constitution.  Party governments  indulge in this  practice  purely  for garnering  minority votes.   This Article should be amended  to the  clear effect that  budgeted funds  of  Union or  State government should  not  be  utilized for promoting  religious activities of minorities like subsidies to pilgrimage,  construction of mosque, Haj Houses and  churches   and so on.


7. Article 28 is about freedom as to attendance at religious instruction or religious worship in certain educational institutions . Because of  this Article,  in schools run by  governments or aided by  them are not giving any instruction about religions and their tenets / philosophies and this affects the bulk of Hindus.   Hinduism  is not a religion in the  sense that the exclusivist Christianity and Islam are .  Its basis is dharma. There is absolute  freedom for worshiping any god or goddess are not at all   and there is no institution   to dictate  how to  worship etc.   It is  pure  morality and ethics. These  are expounded in the contents of Ramayana, Mahabharata, Bhagawata,   Upanishads etc.  Even during the British  rule, in government schools there used to be in the language text book stories from Ramayana, Mahabharata and  Bhagawata. This was to inculcate moral, ethical and   dharmic behaviour and duties and responsibilities.   In the schools run by  Muslim and Christian organisations   their scriptures Koran and Bible   lessons  are given. These two Abrahamic religions are opposed to one another and also to Hindu Dharma and are competing to convert people of other faith, especially  as they are numerous . The Hindus going to  government schools are left with no instruction  deriving from  the sources Ramayana, Mahabharata and Bhagawata which explain dharma .

This article-28  must be suitably amended so that even in government schools Hindu  dharma expositioning  instruction  can be given. 

A amendment should also  provide for the  right of the State (Union Government)  to delete all passages in the scriptures of every religion which   promote  hatred and intolerance for other  religions, faiths, beliefs  and traditions.


8. Article 51A of the Directive Principles  lays  down Fundamental Duties . The  United Nations Universal Declaration of Human Rights  includes  duties.  51A  should be amended  to include the  duty of every citizen to have only limited families  for which the State will, from time to time  depending upon its  economic  status  can alter the size of the  family ( as in China).


9. In the   Preamble, two words “socialist and secular” were smuggled during the Indira Gandhi imposed Emergency  (1975-77) . Socialism has no definition even  in the  communist states which implement dictatorship of the  proletariat . Yet their   system was called  socialist system. One- party ruled China  talks of  socialism with  Chinese characteristics. So the word socialism is like a hat which is worn by several people and  worn out and shapeless . It defies  definition. 

 Secularism   is  a western concept, according to which  States should make no laws which  promote or  penalize any religion or laws derived from religious injunctions.  The  Constituent Assembly debated about this  issue  on April 3, 1948  and  decided the principle of secularism  in the following terms:

“Whereas it is essential for the proper functioning of  democracy and the growth of national unity  and  solidarity that communalism should be eliminated from Indian life, this assembly is of opinion that no communal organisation which by its constitution or by the exercise of discretionary power vested in any of its officers and organs, admits to, or excludes from, its membership persons on grounds of religion, race and caste , or any of them ,  should be  permitted to engage  in any activities other than those essential for the bonafied religious , cultural , social and educational needs of the community and  that all steps legislative and administrative necessary to prevent such activities should be taken”.


(Page- 206;  Pilgrimage to Freedom, Vol-1 by K.M. Munshi, Bharatiya Vidya Bhavan publication)

The Constituent Assembly very wisely decided not to  include  either  socialism or secularism in the preamble. These were introduced under the influence of  communists on Indira Gandhi  who  sought their  support in her struggle to defeat and decimate the official  Congress presided over  by Nijalingappa in 1969. Another gift that Indira Gandhi gave  to the communists was the Jawaharlal Nehru University  which has by now become  a Marxist madrasa.  

10. Finally  we may recall the  Bhagawadgita’s words on change:

vasamsi jirnani yatha vihaya

navani grhnati naro 'parani

tatha sarirani vihaya jirnany

anyani samyati navani dehi

-          BG 2.22

(As a person puts on new garments, giving up old ones, similarly, the soul accepts new material bodies, giving up the old and useless ones. )

Our constitution will take  a new vigorous life with every amendment to alter, add or remove .  (2, 45 words)