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Six months after CPI(M) MLA Saji Cherian stepped down from the Kerala cabinet, following his controversial remarks on the Indian Constitution, the representative from Chengannur assembly constituency is all set to be reinstated into the Pinarayi Vijayan-cabinet on Wednesday, January 4. The decision to bring Cherian back into the cabinet was taken by the Kerala state secretariat of the CPI(M) on December 29, much to the dismay of the Opposition Congress, which said that the ruling party should have waited for the court’s order with regard to the case that was registered against the former minister under Section 2 of the Prevention of Insults to the National Honour Act.
During an event in Kerala’s Pathanamthitta district on July 5, 2022, Cherian, who was the then Minister for Fisheries, Culture and Youth Affairs, had said that the Constitution "condoned exploitation (of workers)" and was written in a way to help "plunder” the people of the country. “We all say India has a beautiful Constitution, but I will say it is written in a way to plunder people. The British narrated it and Indians wrote it down. A Constitution that allows plundering of India has been written. The words secularism and democracy are written somewhere in the corner of it for name sake,” Cherian had said during the event.
These remarks made by the Chengannur MLA created an uproar in the state with both the Congress and the Bharatiya Janata Party (BJP) accusing Cherian of “insulting” the constitution. The Opposition parties had immediately taken to the streets to protest, demanding his resignation.
Two days after the controversial speech, Cherian announced his resignation from the state cabinet and said that he was stepping down of his own accord. Speaking to reporters on the day he announced his resignation, Cherian said: “I am a citizen who respects the Constitution. The political party I am part of, is putting up a strong fight to protect the Constitution, secular and federal nature of the country. We have all been trying to save the federal and secular values of the Constitution and I believe it should be strengthened for it.”
The former minister had also defended his statements, saying that he had not intended to portray the Constitution in a poor light and that his remarks were "misconstrued" by a section of the media.
The Pathanamthitta police on July 7 had booked a case against Cherian under Section 2 of the Prevention of Insults to the National Honour Act based on the orders of the Judicial First Class Magistrate Court in Thiruvalla. However, the police, which probed the case for nearly five months, closed it in December as they said the charges did not have any merit in it.
Kerala Governor Arif Mohammed Khan, according to reports, has sought legal opinion after the state government informed him about the decision to reinstate him. Speaking to the media on Monday, the Governor said under normal circumstances, it is essential for the Governor to accept the recommendation made by the Chief Minister. "But this is not a normal case," he said. He however said he's yet to decide on how to respond and will look at the background.
The Kerala High Court on December 8, had dismissed two pleas seeking the disqualification of Saji Cherian as an MLA in view of his controversial speech. The order was passed by a bench of Chief Justice S Manikumar and Justice Shaji P Chaly. Advocate Deepu Lal Mohan, appearing for the Election Commission, confirmed the dismissal of the two pleas. The petitions had alleged that Cheriyan’s statements were in violation of Section 9 of the Representation of the People Act, 1951 which states that "a person who having held an office under the government of India or under the government of any state has been dismissed for corruption or for disloyalty to the state shall be disqualified for a period of five years from the date of such dismissal."
After CPI(M) State Secretary MV Govindan announced the party’s decision to bring Cherian back into the cabinet, leaders from both the Congress and the BJP questioned it. K Muraleedharan, Congress leader and Member of Parliament representing Vadakara, told the media that the decision was wrong. “He did not just criticise the constitution but he mocked it,” the MP said.
Leader of Opposition VD Satheesan said that the CPI(M) is challenging the people of Kerala with this decision to reinstate Cherian. He also accused the Kerala police for not being transparent with their investigation into the case. “The investigators did not properly examine the video of Saji Cherian’s speech. He had denigrated the Constitution and its architects. It should also be noted that the court has not yet delivered its final verdict in the case. The CPI(M)‘s decision to bring him back as a Minister is a challenge to the judicial system,” Satheesan said.