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
Comments
Post a Comment