Can the constitutional promise survive a Hindu Rashtra?

Can the hunger of the Hindu Rashtra be contained within the limits of the Indian Constitution, Aditya Krishna and Saif Ali ask Prof. Faizan Mustafa.

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IN a recent article in the Indian Express, Professor Faizan Mustafa, vice chancellor of the Chanakya National Law University in Patna and one of India's most respected constitutional experts, reflected on the future of secular ideas in the country in the wake of the recently concluded elections.

His arguments can be summarised in three points. First, the fantasy of Hindu Rashtra needs to be thrown out for elections to happen on development issues.

Second, he suggests that Hinduism should be declared India's "dominant spiritual heritage". It would be good for secularism because it is also possible that it would ensure non-communal election campaigns in the future.

Third, he gives reassurance that even in the event of India becoming a Hindu Rashtra, the rights of Muslims will be protected by the country's Constitution. The protection of rights will be ensured by the judiciary and coalition politics; and, under liberal judges, the protections might be enhanced, particularly on subjects such as hate speech and the rights of Muslims to reservation.

We respectfully disagree, and seek to respond to the same seriatim.

As Prof. Mustafa acknowledges, the Hindutva fantasy tends to make elections a communal, 'us versus them' affair. If we look into the history of Hindutva, it constructs India as a Hindu nation. It seeks to unite the Hindu population into subscribing to this majoritarian dream of a homeland for Hindus.