Date:
June 13, 2016 to June 30, 2019
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Ravi Nair Tapan Bose Teesta Setalvad
Two days ago, the Times of India reported that the Modi regime is all set to repeal 1966 law, reiterated subsequently in 1975 and 1980, requiring those joining government service, to declare that they are not affiliated to either Rashtriya Swayamsevak Sangh (RSS) or Jamaat-e-Islami.
This design or model, implemented already in BJP-run states like Gujarat, Chhattisgarh and Madhya Pradesh subverts governance at the very basic level, affecting the neutraility of the civil services.
An RSS-ridden civil service cannot work, that is implement, a secular constitution. For, ‘it is perfectly possible to pervert the constitution, without changing its form, by merely changing the form of the administration and to [sic] make it inconsistent and opposed to the spirit of the constitution’.
The parliamentary system is based on a professional, politically neutral civil service. The RSS is embarked on a major exercise to subvert the present constitutional order.
Hence this Campaign
The news report in The Times of India also stated that the department of personnel and training now plans to hold consultations with the home ministry on the need to do away with this "unreasonable and absurd" norm, with a senior government functionary pointing out how RSS had always maintained that "it is a cultural and non-political organisation". This will be part of the government's drive to repeal defunct and archaic laws. "The present government has not issued this circular (on debarring RSS members from taking up government jobs). It does not expect anybody joining government service to declare whether or not heshe is a member of RSS," minister of state Jitendra Singh told TOI last Thursday, June 9.
This present move, it is reported, to withdraw the standing order issued in 1966 after Indira Gandhi assumed office as PM, and reiterated in 1980 and 1975, when RSS was banned -comes after reports that a central government department had cited it to ask new recruits in Goa to declare they didn't belong to RSS. According to the 1966 order, anyone who holds membership of RSS or Jamaat-e-Islami would not qualify for any central government job. However, the order was not followed strictly and these facts came to light recently with the Goa episode. Prime Minister Narendra Modi and home minister Rajnath Singh and other Union ministers have always taken pride in their primary allegience to RSS.
It may be reassuring for some to hear that Narendra Modi, a RSS pracharak, first and foremost, recently said in his much lauded speech to the US Congress, that “the Indian Constitution is a holy book”. Though he occupies a prime Constitutional position at present, his grooming was in an organisation, the Rashtriya Swayamsevak Sangh (RSS) that views the Indian Constitution with ambivalence at best and antipathy at worst.
Rejecting the modern foundation of Bharat as laid down in Article 1 of the Indian Constitution, one of the foundational documents of the Sangh, Bunch of Thoughts by MS Golwalkar (at Page 119), rejects and debunks ‘the absurdity of the concept of territorial nationalism’. Golwalkar says, “They (we presume by this the RSS means the Leaders in the Constituent Assembly) forgot that here was already a full-fledged ancient nation of the Hindus and the various communities which were living in the country were here either as guests, the Jews and Paris, or as invaders, the Muslim and Christians. They never faced the question how all such heterogeneous groups could be called as children of the soil merely because, by an accident, they happened to reside in a common territory under the rule of a common enemy. ”
The RSS is also unashamed about its Aim: Overturn the Constitutional Mandate:
“....We have been sufficiently fooled uptil now by their exhortation that we Hindus, who are having a great philosophy of human brotherhood, catholicity of spirit and so on, should not narrow ourselves by the talk of Hindu Nationalism and all such 'communal', 'medieval' and 'reactionary' ideas! We must be able to see through the game and revert to the truth of our nationalism as an ancient fact and the Hindus being the national society of Bharat, so clearly restated by our revered founder when he decided the word 'Rashtriya' for our organisation. We must once again stand up in our true and full stature and boldly assert that we shall elevate the Hindu National Life in Bharat to the peak of glory and honour which has been its birthright since hoary time. (Page 127, Bunch of Thoughts, MS Golwalkar)
Importantly, on April 27, 1948, Vallabhbhai Patel, India’s first home minister, in a letter to prime minister, Jawaharlal Nehru, said: “I need hardly emphasise that an efficient, disciplined and contented service … is a sine qua non of sound administration under a democratic regime even more than under an authoritarian rule. The service must be above party and we should ensure that political considerations either in its recruitment or in its discipline and control, are reduced to the minimum, if not eliminated altogether.”An RSS-ridden civil service cannot work a secular constitution. For, “it is perfectly possible to pervert the constitution, without changing its form, by merely changing the form of the administration and to [sic] make it inconsistent and opposed to the spirit of the constitution”.
Given the over moves to severely affect the neutrality of the civil service, a Platform for Constitutional Rights has been launched. We invite one and all to become part of the campaign
This is the first of a series of information sheets produced in English and Hindi for public dissemination and education. If you would like to translate them in other languages, please do contact us on the email given below.platform.constirights@gmail.com, sabrangind@gmail.com
Information sheet no 1
Building an RSS Free India
Mr. Nitish Kumar, the Chief Minister of Bihar has correctly called for a RSS free India (Sangh Mukht Bharat). It cannot remain a slogan and pious aspiration. This first information sheet of a series puts forward what non BJP ruled states should do as Governmental policies towards creating a Sangh Mukht Bharat. This will be followed by others on what you as a citizen can do.Campaign for an RSS Mukt Bharat
There is no political stream with perhaps the exception of the Maoists and a few Muslim political organisations that have not consorted directly or indirectly with the RSS at some point of time since 1947. This needed to be said as very few come with clean hands on helping the Rashtriya Swayamsevak Sangh (RSS) and its front organisations knowingly or unknowingly to spread its tentacles. This hydra headed monster is now doing the back seatdriving in India. They are steering India towards a Hindutva authoritarian state.The best international analogy would be the white racist Afrikaner-Broederbond, a secretive organisation that orchestrates white racist political activity in South Africa since 1918.
The average Hindu on the street needs to be educated on the difference between being a Hindu and Hindutva as the RSS deviously seeks to conflate the two. Their protestations of loyalty todemocratic norms are as spurious as those made by Adolf Hitler to the Weimar Republic and Constitution.
This is not an attempt to regurgitate the history of the mendacity of an organization that was universally reviled after the assassination of Mahatma Gandhi. These information sheets seek to provide a road map of how to start a concerted fight back by those who believe in the 1950 constitution of India and will do all that is necessary to protect it.
On April 27, 1948, Vallabhbhai Patel, India’s first home minister, in a letter to prime minister, Jawaharlal Nehru, said: “I need hardly emphasise that an efficient, disciplined and contented service … is a sine qua non of sound administration under a democratic regime even more than under an authoritarian rule. The service must be above party and we should ensure that political considerations either in its recruitment or in its discipline and control, are reduced to the minimum, if not eliminated altogether.”
What the State and Central Government and its departments should do?
Every state government which has a non Bharatiya Janata Party (BJP) government must strictly enforce the provisions of The Central Civil Services (Conduct) Rules, 1964 which clearly state.Provisions of The Central Civil Services (Conduct) Rules, 1964
“(12) R.S.S. and Jamaat-e-Islami – participation by the Government servants in the activities of The attention of the Ministry of Finance etc., is invited to the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Conduct) Rules, 1964 under which no Government servant shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.
2. As certain doubts have been raised about Government’s policy with respect to the membership of any participation in the activities of the Rashtriya Swayam Sewak Sangh and the Jamaat-e-Islami by Government servants, it is clarified that Government have always held the activities of these two organizations to be of such a nature that participation in them by Government servants would attract the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Conduct) Rule, 1964. Any Government servant, who is a member of or is otherwise associated with the aforesaid organizations or with their activities is liable to disciplinary action. [MHA OM No. 3/10/(S)/66-Ests.(B), dated 30.11.1966]
(12A) Reference decision (12) above, it is requested that –
(a) the provisions thereof may be brought to the notice of all Government servants again; and
(b) action should invariably be initiated against any Government servant who comes to notice for violation of the instructions referred to above.
[MHA OM No. 7/4/70-Est.(B), dated 25.07.1970]
(12B) Attention of the various Ministries is also drawn to this Ministry’s OM No. 3/10/(S)/66-Estt.(B) dated the 30th November, 1966 wherein it was clarified that the Government have always held the activities of both the Rashtriya Swayam Sewak Sangh and the Jammat-e-Islami to be of such a nature that participation in them by Government servants would attract the provision of sub-rule (1) of Rule 5 of the Central Civil Service (Conduct) Rules, 1964 and that, any Government servant, who is a member of or is otherwise associated with the aforesaid organizations or with their activities, is liable to disciplinary action.
2. In the context of the current situation in the country the need to ensure secular outlook on the part of Government servants is all the more important. The need to eradicate communal feelings and communal bias cannot be over-emphasized.
3. No notice should be taken by Government and its officers, local bodies, state-aided institutions of petitions or representations on communal basis, and no patronage whatsoever should be extended to any communal organization.
4. Ministry of Finance etc., are therefore, requested to specially bring once against to the notice of all Government employees, working in or under them, the above-quoted provisions in para 1 on the subject. It is emphasized that any disregard of these instructions should be considered as a serious act of indiscipline and suitable action initiated against the erring employees. [DP & AR OM No. 15014/3/(S)/80-Estt. (B), dated 28.10.1980]”[1]
At the Central Government level, all Secretaries to the Government of India are bound by their constitutional oath to enforce the Central Civil Service Conduct Rules.
Already, the Chhattisgarh state government has come up with a notification that permits its employees to join the RSS and attend its shakhas for indoctrination in the Hindutva agenda. The order was issued on the 23 February 2015. The notification states, that “as far as Rule 5 (1) of Chhattisgarh Civil Services (Conduct) Rules 1965 is concerned, its restriction does not apply to RSS.”[2]
In 2000, when the NDA government was in power at the centre, Mr. Keshubhai Patel, then Chief Minister of Gujarat lifted the ban on participation by Government employees in the activities of the Rashtriya Swayamsevak Sangh.[3]
The BJP state Governments in Himachal Pradesh and Madhya Pradesh issued similar notifications in 2004 and 2006. The Central leadership of the Congress Party must ensure that their state government in Simla must revoke the earlier BJP Government order. [4]
The attempt by the BJP to portray the RSS as an apolitical organisation and as a cultural outfit requires a willing suspension of disbelief. The RSS directly takes part in the electoral process. It sends its pracharaks (full-time propagandists) to the BJP for party work. These pracharaks maintain their links with the RSS and act as a bridge between the RSS and the Bharatiya Janata Party. Narendra Modi, Nitin Gadkari, Rajnath Singh, and many others are RSS pracharaks. [5]
The RSS has the last word in the BJP's affairs - in determining the party's office-bearers, in the choice of candidates for elections etc. RSS leaders do not directly take part in public election campaign meetings, but they are always hovering around behind the curtains. Sangh activists have been central to the BJP's campaign network. Moreover, RSS leaders air their views on political issues regularly.
“The restrictions placed in the Central Civil Services (Conduct) Rules were meant to prevent civil servants from associating themselves even remotely with political organisations or functions. Of course, civil servants are free to vote in elections, attend public meetings organised by political parties, and listen to political leaders. The Centre had clarified in 1969 that the restrictions in the CCS (C) Rules were essential to ensure that government servants not only maintained political neutrality, but were seen to be doing so and that they did not participate in the activities of, or associate themselves with, any organisation in respect of which there was the slightest reason to think that it had a political aspect.
In 1980, the Centre reiterated its decision not to permit civil servants to participate in the activities of the RSS and the Jamaat-e-Islami. ‘In the context of the current situation in the country, the need to ensure secular outlook on the part of government servants is all the more important. The need to eradicate communal feelings and communal bias cannot be overemphasized,’ the Government said.”[6]
“On April 27, 1948, Vallabhbhai Patel wrote a letter to Jawaharlal Nehru: ‘I need hardly emphasise that an efficient, disciplined and contented service … is a sine qua non of sound administration under a democratic regime even more than under an authoritarian rule. The service must be above party and we should ensure that political considerations either in its recruitment or in its discipline and control, are reduced to the minimum, if not eliminated altogether.’
An RSS-ridden civil service cannot work a secular constitution. For, ‘it is perfectly possible to pervert the constitution, without changing its form, by merely changing the form of the administration and to [sic] make it inconsistent and opposed to the spirit of the constitution’.The parliamentary system is based on a professional, politically neutral civil service. The RSS is embarked on a major exercise to subvert the present constitutional order.
Former UP chief minister Kalyan Singh said in 2000: ‘I have spent a greater part of my life in [the RSS] and I can say that right from the distribution of election tickets … in BJP to selecting cabinet ministers, it is only the RSS which calls the shots. What else is political activity?’ ”[7]
The attempt by the BJP to portray the RSS as an apolitical organisation and as a cultural outfit requires a willing suspension of disbelief. The RSS directly takes part in the electoral process. It sends its pracharaks (full-time propagandists) to the BJP for party work. These pracharaks maintain their links with the RSS and act as a bridge between the RSS and the Bharatiya Janata Party. Narendra Modi, Nitin Gadkari, Rajnath Singh, and many others are RSS pracharaks
What is to be done?
All non BJP Governments must require all employees of all departments to take a public pledge in a general assembly in their place of work that their loyalty is only the present constitution of India. This can be also done by requiring each employee to sign a written pledge. A format for the pledge is available on request.All state government departments must present a report to the Chief Minister of the state about frontal organisations of the RSS and their offshoots who receive subsidies or grants from the State exchequer. Immediate steps be taken to stop funding these organizations. All this information to be made available on a public website.
A nodal officer to be appointed in the Chief Minister’s secretariat to receive complaints from the general public about any government official attending shakhas, serving on boards or committees of RSS frontal organisations. Immediate suspension to be followed by strict action under the Civil Service rules be taken against all such employees.
The State Education departments constitute a committee of well-known educationists to review all the text books and teaching material in government schools, government aided schools and government recognised schools to remove all material that fosters and inculcates communal and sectarian feelings and thought.
A panel of legal professionals be constituted to check on the applicability of section 153 A of the Indian Penal Code (IPC) on such violations of the law in each and every case, investigations to be conducted expeditiously and charge sheetsbe filed within 90 days of the intimation of such violations of the law.
A special court in each state to be constituted to try such cases. All trials to be conducted on a day to day basis. No adjournments to be provided under any circumstances.
All State Governments to strictly enforce Section 2 sub section C of The Arms Act 1959 and ban the usage of lathis, knives and swords in all public displays of the RSS and its front organisations like the Bajrang Dal in the regular shakhas, their training camps and their public worship of arms on Vijaya Dashmi day every year. The District Magistrates should also take recourse to Sections 141 to 148 of the Indian Penal Code (IPC).[8][9]
This is not an exhaustive list but illustrative. We welcome other suggestions.
Ravi Nair, Tapan Bose, platform.constirights@gmail.com
Teesta Setalvad, teestateesta@gmail.com
Dr Sunilam, samajwadisunilam@gmail.com
References:
[1] “The Civil Services (Conduct) Rules, 1964”
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[2] “Chattisgarh: Government staff may join RSS; no service rules under violation”; Indian Express, Raipur, 26 February 2015
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[3]“Beyond a Ban”; Frontline, Volume 17-Issue 02, January 22-February 04, 2000
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[4]“Chattisgarh: Government staff may join RSS; no service rules under violation”; Indian Express, Raipur, 26 February 2015
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[5] For Example: “ At RSS Review Meet, Top ministers make presentations”; NDTV, New Delhi, 4 September 2015
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[6] “Disturbing Polemics”; Frontline, New Delhi, Volume 17, Issue 4, February 19-March 3, 2000
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[7] “RSS legitimized”; Dawn, October 18, 2014
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[8]Arms Act, 1959- Section 2 (c)
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[9] Indian Penal Code, Section 141-148
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