Constitution Emerges as an Electoral Battleground in India

In Uttar Pradesh’s Chakkipat neighborhood of Agra, the dominant presence of B.R. Ambedkar’s flags and the slogan “kalam ka badshah” (master of the pen) highlights the importance of Ambedkar’s role in drafting the Indian Constitution. In conversations with Jatav men, once loyal Bahujan Samaj Party (BSP) supporters, it became evident that while they had voted for the BJP in the 2019 general election, they would not do so this time. Their primary reason was the Constitution, with one man stating, “Dr. Ambedkar means everything to us. We don’t think it’s too easy to change the Constitution, but we believe the BJP wants to change the Constitution.”

The BJP’s declaration of “400 paar” (winning 400 seats) and early campaign statements suggesting that such electoral dominance would empower them to change the Constitution triggered a strong response from opposition leaders.

BSP leader Mayawati’s nephew and former BSP national coordinator, Akash Anand, gave passionate speeches on the subject. Samajwadi Party leader Akhilesh Yadav publicly remarked that even traditional BSP voters were supporting the INDIA bloc to protect the Constitution. Congress’s Rahul Gandhi has symbolically waved a copy of the Constitution at his campaign rallies.

Scholars emphasize the distinction between constitutional principles and ordinary laws, with the former framing fundamental rights and the latter being rules that govern society and can be challenged and changed. Constitutional values provide the basis for challenging discriminatory laws.

For young BJP supporters from the Pasi community, the Constitution is important because it “protects us… it gave us reservations.” On the outskirts of Lucknow, Uttar Pradesh, a young Yadav farmer concurs, stating, “The constitution matters because it protects us… it gave us reservations. Humein Samvidhaan bachana hai (the Constitution must be protected).”

In North India, the interplay between the Constitution and political mobilization has shaped democratic politics. Reservations, initially included in the Constitution as compensatory measures to address historical disadvantage, became a primary tool for lower caste groups to assert their claims in the 1990s.

While the BJP’s cross-caste coalition seemed to shift the focus away from caste-based mobilization, allowing for the 103rd Amendment to mandate reservations for economically weaker sections (EWS), the reemergence of the Constitution, rights, and reservations in the 2024 elections signifies a challenge to the BJP’s cross-caste political mobilization logic.

A Yadav voter shared, “The Constitution protects our fundamental rights. It ensures equality between castes and communities.” The widespread concern about the Constitution among ordinary voters reflects growing anxieties over democratic erosion, constraining the democratic legitimacy of the government even if the BJP retains power.

The discourse surrounding the Constitution also highlights contradictions in contemporary Indian politics. While Dalit voters prioritize the Constitution and rights, the secularism principle is primarily voiced by Muslim voters, who oppose “Hindu-Muslim” politics. This silence is stark against the divisive rhetoric dominating the election.

If the 2024 election is indeed a battle for the Constitution, the silences reveal critical fault lines and the potential for a more substantive politics of rights and equality.

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