DARK DAYS OF EMERGENCY

INC: KILLER OF CONSTITUTION

MOURNING 25/06/75

SARASIJ MAJUMDER

 

INTRODUCTION:

Widow of Rajeev, and his NA-LAYEK Son including    Congress party have no moral right to speak on the CONSTITUTION without completely disowning Indira Gandhi for the imposition of the Emergency.

I was then 25 years of age, working in DSP. Emergency was declared in India, but its impact on our democratic fabric was something which was gradually sinking, that I never could forget.

As Mrs. Gandhi took control—the whole country become JAIL—largely open Jail, and partly closed Jail, but JAIL nevertheless.

Recently, the RESIDUE of DYNASTY as seen championing the cause of  Constitution, but let's put the history of their party  under Lense and review the irreparable harm it caused to our democracy by imposing  Emergency, solely for the purpose of retaining POWER,  by whom somebody called—“THE WOMEN”..

Today, I am writing this for posterity, and to tell the young generation, who may not know the fight the NATION  fought to regain this DEMOCRACY.

THE MIDNIGHT COUP, AND FOLLOW UP:

On the night of 25 June 1975, prime minister Indira Gandhi, without consulting her cabinet, advised president Fakhruddin Ali Ahmed to declare a state of Emergency, citing "INTERNAL DISTURBANCES" as the cause.

Her adviser was her younger son—Late Sanjay Gandhi. Otherwise, she might have resigned. India would have charted a different course.

This horrendous step was taken,  after the Allahabad High Court observed her guilty of electoral malpractices and disqualified her from holding office.

Indira Gandhi appealed to the supreme court the same day and her case was accepted. The court granted her bail and allowed her to remain as Prime minister for 6 more months within which the said case would be completed, yet refused to reinstate her as a member of Parliament. Facing certain doom if the case takes the same route  in the supreme court as in High Court, Indira Gandhi successfully recommended to the President to declare a state of emergency the next night and began her rule by decree.

She became a DICTATOR, by imposing  Emergency, thereby MURDERING THE DEMOCRATIC PROCESS. 

During this time, Indira Gandhi pushed for the 39th Amendment Act to secure her position and prevent her removal from Indian politics. She also went ahead bringing about the forty second amendment act that included clause 4 and 5 of Article 368, removing all restriction regarding the amendment power of the parliament and providing that amendments were not contestable in any court of law in India.

Parliament thus overstepped its role, acting as an appellate body over the Supreme Court. By performing a judicial function, the legislature disregarded the rule of law and democracy, effectively burying the doctrine of separation of powers. 

JUDICIARY GOT COMPROMISED. A PILLER OF DEMOCRACY WAS DESTROYED.

Later on in the Indira Gandhi v. Raj Narain case, the 39th amendment was removed and the Doctrine of Basic Structure was reinforced from the Kesavananda Bharati v. State of Kerala case.

Fundamental Rights Suspended:

The government also suspended fundamental rights, including freedoms of speech and expression, and the right to legal recourse. This meant that people could be arrested and detained without trial, and any form of dissent  can be, and was ruthlessly crushed.

Over 100,000 political opponents, activists, and ordinary citizens were detained under draconian laws like the Maintenance of Internal Security Act (MISA). Indira Gandhi’s actions demonstrated how state machinery could be misused for personal political survival.

Many people from BJP & RSS, CPI, CPM, and most of other political parties  were in JAIL. Mr. Modi absconded in the guise of a SIKH.

Media Was Silenced

The media was heavily censored. Newspapers were required to get prior approval for  reporting any content related to the government, effectively stifling the free press. Some newspapers, like Statesman,  resorted to leaving editorial spaces blank as a form of silent protest. Media – the fourth Pillar of Democracy—was hit, and rendered ineffective.

This period saw a complete shutdown of critical journalism, with severe repercussions. The erosion of public trust in democratic institutions such as the judiciary, the press, and the electoral system was profound, and restoring this trust has been a long and challenging process.

CHANGES TO THE CONSTITUTION

Indira Gandhi’s regime manipulated the Constitution to an unprecedented extent. The 38th and 42nd Amendment Act drastically altered the Constitution.

The 38th Amendment to the Constitution, passed on 1 August 1975, was the first of many that followed the declaration of Emergency. This amendment stripped the Judiciary of its right to conduct a judicial review of the Emergency itself.

Further, the following important changes were made through the 42nd amendment to the Constitution:

1. Amendment to Article 368: This allowed Parliament to amend any part of the Constitution without judicial review, undermining the Supreme Court's authority. By declaring that there would be no limitation on the power of Parliament to amend the Constitution, it effectively nullified the Supreme Court’s ruling in Kesavananda Bharati versus State of Kerala (1973), which had established the Basic Structure Doctrine.

2. New Directive Principles: The amendment gave primacy to Directive Principles over Fundamental Rights, meaning that any law enacted to implement Directive Principles could not be challenged in court for violating Fundamental Rights.

New Directive Principles were added:

   - Article 39A: Promoted equal justice and free legal aid.

   - Article 43A: Encouraged the participation of workers in management.

   - Article 48A: Focused on the protection and improvement of the environment.

3. Article 74 Amendment: It was explicitly stipulated that the President shall act in accordance with the advice of the Council of Ministers, effectively reducing the President’s discretionary powers.

4. Extension of Parliamentary Terms: The amendment extended the term of Lok Sabha and state legislative assembly members from five to six years by amending Article 172 and Clause (2) of Article 83. 

5. Suspension of Fundamental Rights: Amendments to Articles 358 and 359 allowed for the suspension of Fundamental Rights during the Emergency. Article 359 specifically suspended the right to move any court for the enforcement of rights under Articles 14 (Equality before Law), 19 (Protection of certain rights regarding freedom of speech), and 21 (Protection of life and personal liberty).

6. Changes to Judicial Powers:

   - Article 228A: This new article empowered High Courts to determine the constitutional validity of any state law, diluting the Supreme Court's overarching authority.

   - Office of Profit: The amendment revoked the courts' power to determine what constituted an office of profit, affecting the eligibility criteria for legislative members.

7. Anti-National Declaration:

 The 42nd Amendment provided that laws prohibiting "anti-national activities" or the formation of "anti-national associations" could not be invalidated even if they infringed on any of the Fundamental Rights. This gave the government sweeping powers to suppress dissent and opposition under the guise of protecting national integrity.

ALL THE ABOVE CLEARLY MADE LEGISLATION INFIRM DURING EMERGENCY.

Thus, we know there are  three pillars of DEMOCRACY—Legislation, Administration, and Judiciary. In Emergency—only dictated and controlled administration worked. Fourth pillar was Gagged.

REVERSAL OF DEMOCRATIC NORMS

Following the end of the Emergency, after 21 dark months,  the JANATA PARTY GOVERNMENT came into power and  enacted the 43rd and 44th Amendments to reverse many of the changes brought by the 42nd Amendment, restoring democratic norms and judicial oversight. Democracy was restored back..

While Rahul Gandhi and other leaders of the Congress party today speak of protecting the Constitution, it's essential to remind them his Grand Mother, and his  party's past actions, legacy, and unapologetic stances.

On the issue of Emergency, Rahul Gandhi had once remarked, "I think ( YOU THINK??) that was a mistake……... And my grandmother (Mrs. Gandhi) said as much. (But) the Congress at no point attempted to capture India's institutional framework... frankly, it does not even have that capability."

This is an excuse, attempted to be sold as “APOLOGY”. It fails to acknowledge the depth of the damage inflicted upon India's democracy and falls  way short of a genuine atonement for such a  CALCULATED BREACH OF DEMOCRACY .

However, the Emergency showed us that institutions were not just captured but were completely disbanded and demolished to pander to Indira Gandhi's whims. The Emergency serves as a stark reminder of the profound damage inflicted when People of India elect a wrong political party, controlled by an authoritarian DYNAST, who can undermine the NATION..

This is the legacy Rahul Gandhi has inherited — a legacy where the government of India, the Constitution, and democracy were under the SHOE  of his grandmother. 

Furthermore, the venomous and imaginary attack on changing the Constitution is hypocritical, considering the Congress party and Rahul Gandhi's family are the only ones who have ever threatened INDIA’S  Constitution by making changes to the Preamble. The Congress party has a history of undermining democratic values, and Rahul Gandhi’s actions  and statements do nothing to mitigate that legacy.

RAHUL AND HIS MOTHER YET TO PUBLISH THE AGREEMENT THEY MADE WITH CHINA .

Rahul Gandhi, his Italian Mother,  and the Congress party have no moral right to speak on the Constitution without completely disowning Indira Gandhi PUBLICLY for the imposition of the Emergency.

IMAGE: GOOGLE