India or Bharat: What does the Law say?
With the opposition referring their alliance with the acronym of I.N.D.I Alliance or I.N.D.I.A, many feel that the opposition parties will be able to create an imaginary battle between INDIA and BJP. And with that the opposition would want to set a narrative of BJP being against INDIA, which in turn would rub negatively on the electoral prospects of the BJP or the NDA alliance. Well, this tells us that the political battle for 2024 elections has just begun and began in a big way!
BJP and their alliance partners have no doubt in a move to counter the acronym I.N.D.I.A have resorted to using the name BHARAT in their official titles such as "President of Bharat" & "Prime Minister of Bharat".
Such moves by both sides have led to tremendous amount of controversy and flared up emotions in common people's minds.
The Facts:
The very first article of the Constitution reads, "India i.e., Bharat shall be a Union of States and Union Territories." Many of the country's citizens spontaneously refer to our nation as Bharat in various native languages. Referring to our nation as 'Bharot', in Assamese and Bengali, 'Bharata', in Kannada, 'Bharatam' in Malyalam, 'Bharatdesam' in Telugu, among several others is very common. Throughout history, India has been associated with several other names, each with its own significance and historical context. The Northern Indian subcontinent was known as 'Aryavarta', during the settlement of the Indo-Aryan tribes during 1100-500 BCE.
So, should we revert to the ancient roots of our culture and embrace the original name of our country, that is Bharat?
The History:
Ever since the nation adopted the name India, there has been considerable debate among its inhabitants. On August, 29, 1947, the Drafting Committee was set up to draft the Indian Constitution under the chairmanship of Dr. B.R. Ambedkar. In just first two years itself, article 1 of the Constitution met with a lot of debates and arguments.
Some scholars argued that the British decision to rename our country from Bharat to India was a "clear display of dominance," while others suggested that India is simply an English name chosen for ease of pronunciation in foreign countries, and for many within the nation, it remains Bharat, even today.
The Ancient & British era:
The name 'Bharat' has its roots in the ancient literature of India, the Puranas. India was known as 'Bharatvarsha' in the Vedic era. "Bharatvarsha" is a term that signifies the land of the descendants of Bharat, the legendary emperor known as Bharata Chakravarti. He is known to establish the Bharata Dynasty and is regarded as the forefather of the Pandavas and Kauravas. He was born to King Dushyanta of Hastinapur and Queen Shakuntala, Bharata is renowned for his conquest of the entire subcontinent of India. King Bharata's mention can be found in the Indian epic, Mahabharata.
India as a nation has been in existence since the earliest times, and before the earliest of religious faiths known to man. The name 'Bharat' is the original name of India, in Sanskrit language. Bharat also came to be known as 'Hindustan' after the Persian adaptation of the word 'Hindus', from 'Sindhu'. In the 17th century, the word 'Hindus', which had already evolved to 'Indos', paved the way for the name, 'India'.
The origin of the term "Hindustan" is linked to the Persian usage of the word "Hindu", which is associated with the Sanskrit term "Sindhu," meaning the Indus River. The term "India" is often linked to the nation's colonial past and possesses international status. In contrast, "Bharat" is deeply entwined with India's ancient scriptures and traditions, carrying significant cultural and historical significance.
India is incidentally the only nation where such an ancient language as Sanskrit still exists. Under the British colonial rule, the British used the term "India" to describe the Indian subcontinent, a name derived from the river Indus.
The Litigations and their outcome:
There have been several Public Interest Litigations which have been filed in relation to the adoption of the name 'Bharat' as the official name of the country.
In March 2016, a social activist from Maharashtra, had sought clarification for the interpretation of Article 1 of the Constitution. He had contested that the word 'India' was not a literal translation of the word 'Bharat'. The then Chief Justice of India, resorted to stating that the choice was of the petitioner, to call his country 'Bharat' or 'India'.
A businessman hailing from Delhi, had filed a PIL at the Supreme Court of India. The case was heard on June 2nd, 2020. The primary argument put forth in the petition was to replace the term "India" with "Bharat" in Article 1 of the Indian Constitution. It was, contended that the name "India" had its roots in the Greek word "Indica," and the name change was proposed to exclude the usage of "India."
The Supreme Court, however, declined to entertain the petition seeking to rename India as Bharat. Instead, it allowed the petition to be treated as a representation forwarded to the relevant Union ministries.
The current controversy:
Recently, the invitation from the President of India, for the G20 summit, which was held in the capital city of Delhi, has ignited a quite a controversy regarding the official renaming of the country, from 'India' to 'Bharat'. The invitation labels Droupadi Murmu as 'The President of Bharat' rather than 'The President of India', leading to questions being raised by leaders of opposition parties across the country.
Is the name Bharat legally recognised in India?
According to Article 1 of the Constitution, "India, that is Bharat, shall be a Union of States." This statement construes that the Constitution recognizes both 'India' and 'Bharat' as legal names of the Country.
The Constitution of India also allows for the usage of both the words, interchangeably. Author Catherine Clementine Ojha, in her research paper wrote that 'Bharat' was thought to be too Hindu by the drafters of the Constitution, and that is the reason they introduced 'India' as a guarantee to the minorities that they were under no threat of any sort. During the drafting of the Constitution, there was a discussion about what terminology to employ in Article 1. The committee involved in this discussion was split into two factions: one group had an inclination towards "Bharat," while the other supported "India." Ultimately, the Constituent Assembly opted to incorporate both terms in the statement. The naming of the Indian subcontinent as either "India" or "Bharat" was also a point of contention within the Drafting Committee.
Can the nation be called only as 'Bharat'?
To change the name from "India" to only "Bharat," the central government must introduce a bill to amend Article 1 of the Constitution. Notably, Article 368 of the Constitution provides for two methods of amendment to the Constitution: a simple majority or a special majority. Certain provisions of the Constitution, such as the addition of a new state, can be modified by a simple majority, which means approval by more than 50% of the votes in Parliament.
On the other hand, for certain changes to the Constitution, like amending Article 1, a special majority is required. This special majority entails the approval of at least two-thirds of the members present and voting in both houses of the Parliament, which is equivalent to 66% support.
The NDA appears to have special majority on its side as of now.
The leaders of the opposition have also accused PM Modi's Hindu-nationalist mindset as the reason behind the push for the name 'Bharat'.
The Global Scenario:
Even in the past, many countries around the world have changed their names, some of which are:
Sri Lanka (Former Ceylon), 1972: The name change was a reflection of the country's multicultural identity and a desire to shed colonial associations that were linked to its colonial history under British rule.
Czech Republic and Slovakia (Former Czechoslovakia), 1992: This change was a peaceful separation following the end of communist rule. It allowed both nations to establish their distinct identities and sovereignty.
Bangladesh (Former East Pakistan), 1972: The name change marked the country's hard-fought independence from West Pakistan after a brutal war. It symbolized a break from an oppressive regime and the birth of a new nation.
Myanmar (Former Burma),1989: This change was controversial and linked to the military junta's rule, which sought to establish a more nationalistic identity distinct from its colonial past under British rule. However, it remains a contentious issue, as some groups still prefer the older name "Burma."
North Macedonia (Formerly The Republic Of Macedonia), 2018: The change was a diplomatic resolution to a long-standing dispute with Greece, which had objected to the use of the name "Macedonia" due to its own region named Macedonia. This adjustment led to improved relations and enabled North Macedonia to join NATO.
Contemporary Issues
At the time of the drafting of the Constitution, the word 'Bharat' was thought to be promoting Hinduism and the name 'India' was proposed so that the minorities do not feel marginalized. Following the contentions regarding the invitations of the G20 summit, several arguments surfaced questioning the validity of using the word 'Bharat' in place of 'India'.
After India got independent from the British rule in the year 1947, various changes were brought about the nation. The Untouchability Act, 1955 was passed by the Government of India. Huge changes took about in the educational arena. The heavy taxes imposed on the poor farmers finally came to an end, many industries came into existence including steel, aviation, shipping, electricity and mining. In addition, The Imperial Bank of India was renamed to the State Bank of India.
Critics of PM Modi have shown less enthusiasm, contending that the government's focus is misaligned, especially considering the more urgent challenges like unemployment, escalating religious tensions, and democratic setbacks. They have also insinuated that the government is feeling threatened by the I.N.D.I.A grouping and have even made sarcastic remarks, implying they might consider changing the alliance's name in response. Under the BJP government, the names of various cities and locations of importance have been renamed, some of which are Faizabad to Ayodhya, Allahabad to Prayagraj, Rajpath to Kartavya Path, and a lot more. The renaming of these places also garnered nationwide debates.
According to the opposition parties, the current move is an endeavour to change the name of the country, which has garnered resistance from other parties. Many common people are of the opinion that the name 'India' denotes colonial mindset and holds back the people from following their ancient culture.
Conclusion
In India, calls for renaming the country often have cultural and religious undertones. They are frequently championed by Hindu nationalists who argue that the name "Bharat" better encapsulates the nation's authentic historical heritage.
As of now, the Indian government has not formally announced any decision or issued an official statement regarding a name change, with one senior leader dismissing such speculations as mere rumours. However, the Foreign Minister, S. Jaishankar, appeared to express support for an increased adoption of the term "Bharat" earlier this week.
In the end, we can not ignore the fact that our history and culture has taught us to refer to our nation as our 'mother' or 'mother land' and therefore the slogan 'Bharat Mata ki Jai'.
Co-authored by Satya Muley & Jyotika Sah
Jyotika is a team member at Satya Muley & Co.
Satya Muley
With the opposition referring their alliance with the acronym of I.N.D.I Alliance or I.N.D.I.A, many feel that the opposition parties will be able to create an imaginary battle between INDIA and BJP. And with that the opposition would want to set a narrative of BJP being against INDIA, which in turn would rub negatively on the electoral prospects of the BJP or the NDA alliance. Well, this tells us that the political battle for 2024 elections has just begun and began in a big way!
BJP and their alliance partners have no doubt in a move to counter the acronym I.N.D.I.A have resorted to using the name BHARAT in their official titles such as "President of Bharat" & "Prime Minister of Bharat".
Such moves by both sides have led to tremendous amount of controversy and flared up emotions in common people's minds.
The Facts:
The very first article of the Constitution reads, "India i.e., Bharat shall be a Union of States and Union Territories." Many of the country's citizens spontaneously refer to our nation as Bharat in various native languages. Referring to our nation as 'Bharot', in Assamese and Bengali, 'Bharata', in Kannada, 'Bharatam' in Malyalam, 'Bharatdesam' in Telugu, among several others is very common. Throughout history, India has been associated with several other names, each with its own significance and historical context. The Northern Indian subcontinent was known as 'Aryavarta', during the settlement of the Indo-Aryan tribes during 1100-500 BCE.
So, should we revert to the ancient roots of our culture and embrace the original name of our country, that is Bharat?
The History:
Ever since the nation adopted the name India, there has been considerable debate among its inhabitants. On August, 29, 1947, the Drafting Committee was set up to draft the Indian Constitution under the chairmanship of Dr. B.R. Ambedkar. In just first two years itself, article 1 of the Constitution met with a lot of debates and arguments.
Some scholars argued that the British decision to rename our country from Bharat to India was a "clear display of dominance," while others suggested that India is simply an English name chosen for ease of pronunciation in foreign countries, and for many within the nation, it remains Bharat, even today.
The Ancient & British era:
The name 'Bharat' has its roots in the ancient literature of India, the Puranas. India was known as 'Bharatvarsha' in the Vedic era. "Bharatvarsha" is a term that signifies the land of the descendants of Bharat, the legendary emperor known as Bharata Chakravarti. He is known to establish the Bharata Dynasty and is regarded as the forefather of the Pandavas and Kauravas. He was born to King Dushyanta of Hastinapur and Queen Shakuntala, Bharata is renowned for his conquest of the entire subcontinent of India. King Bharata's mention can be found in the Indian epic, Mahabharata.
India as a nation has been in existence since the earliest times, and before the earliest of religious faiths known to man. The name 'Bharat' is the original name of India, in Sanskrit language. Bharat also came to be known as 'Hindustan' after the Persian adaptation of the word 'Hindus', from 'Sindhu'. In the 17th century, the word 'Hindus', which had already evolved to 'Indos', paved the way for the name, 'India'.
The origin of the term "Hindustan" is linked to the Persian word usage of the word "Hindu", which is associated with the Sanskrit term "Sindhu," meaning the Indus River. The term "India" is often linked to the nation's colonial past and possesses international status. In contrast, "Bharat" is deeply entwined with India's ancient scriptures and traditions, carrying significant cultural and historical significance.
India is incidentally the only nation where such an ancient language as Sanskrit still exists. Under the British colonial rule, the British used the term "India" to describe the Indian subcontinent, a name derived from the river Indus.
The Litigations and their outcome:
There have been several Public Interest Litigations which have been filed in relation to the adoption of the name 'Bharat' as the official name of the country.
In March 2016, a social activist from Maharashtra, had sought clarification for the interpretation of Article 1 of the Constitution. He had contested that the word 'India' was not a literal translation of the word 'Bharat'. The then Chief Justice of India, resorted to stating that the choice was of the petitioner, to call his country 'Bharat' or 'India'.
A businessman hailing from Delhi, had filed a PIL at the Supreme Court of India. The case was heard on June 2nd, 2020. The primary argument put forth in the petition was to replace the term "India" with "Bharat" in Article 1 of the Indian Constitution. It was, contended that the name "India" had its roots in the Greek word "Indica," and the name change was proposed to exclude the usage of "India."
The Supreme Court, however, declined to entertain the petition seeking to rename India as Bharat. Instead, it allowed the petition to be treated as a representation forwarded to the relevant Union ministries.
The current controversy:
Recently, the invitation from the President of India, for the G20 summit, which was held in the capital city of Delhi, has ignited a quite a controversy regarding the official renaming of the country, from 'India' to 'Bharat'. The invitation labels Droupadi Murmu as 'The President of Bharat' rather than 'The President of India', leading to questions being raised by leaders of opposition parties across the country.
Is the name Bharat legally recognised in India?
According to Article 1 of the Constitution, "India, that is Bharat, shall be a Union of States." This statement construes that the Constitution recognizes both 'India' and 'Bharat' as legal names of the Country.
The Constitution of India also allows for the usage of both the words, interchangeably. Author Catherine Clementine Ojha, in her research paper wrote that 'Bharat' was thought to be too Hindu by the drafters of the Constitution, and that is the reason they introduced 'India' as a guarantee to the minorities that they were under no threat of any sort. During the drafting of the Constitution, there was a discussion about what terminology to employ in Article 1. The committee involved in this discussion was split into two factions: one group had an inclination towards "Bharat," while the other supported "India." Ultimately, the Constituent Assembly opted to incorporate both terms in the statement. The naming of the Indian subcontinent as either "India" or "Bharat" was also a point of contention within the Drafting Committee.
Can the nation be called only as 'Bharat'?
To change the name from "India" to only "Bharat," the central government must introduce a bill to amend Article 1 of the Constitution. Notably, Article 368 of the Constitution provides for two methods of amendment to the Constitution: a simple majority or a special majority. Certain provisions of the Constitution, such as the addition of a new state, can be modified by a simple majority, which means approval by more than 50% of the votes in Parliament.
On the other hand, for certain changes to the Constitution, like amending Article 1, a special majority is required. This special majority entails the approval of at least two-thirds of the members present and voting in both houses of the Parliament, which is equivalent to 66% support.
The NDA appears to have special majority on its side as of now.
The leaders of the opposition have also accused PM Modi's Hindu-nationalist mindset as the reason behind the push for the name 'Bharat'.
The Global Scenario:
Even in the past, many countries around the world have changed their names, some of which are:
Sri Lanka (Former Ceylon), 1972: The name change was a reflection of the country's multicultural identity and a desire to shed colonial associations that were linked to its colonial history under British rule.
Czech Republic and Slovakia (Former Czechoslovakia), 1992: This change was a peaceful separation following the end of communist rule. It allowed both nations to establish their distinct identities and sovereignty.
Bangladesh (Former East Pakistan), 1972: The name change marked the country's hard-fought independence from West Pakistan after a brutal war. It symbolized a break from an oppressive regime and the birth of a new nation.
Myanmar (Former Burma),1989: This change was controversial and linked to the military junta's rule, which sought to establish a more nationalistic identity distinct from its colonial past under British rule. However, it remains a contentious issue, as some groups still prefer the older name "Burma."
North Macedonia (Formerly The Republic Of Macedonia), 2018: The change was a diplomatic resolution to a long-standing dispute with Greece, which had objected to the use of the name "Macedonia" due to its own region named Macedonia. This adjustment led to improved relations and enabled North Macedonia to join NATO.
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Satya Muley
Satya is a leading Civil & Criminal Law lawyer from Western India.
He practices at Bombay High Court, the Supreme Court and Courts in Pune/Maharashtra & New Delhi.
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