CONGRESS'S SUBVERSION OF THE CONSTITUTION
and/or www.mantra.com/jai
By A. Surya Prakash
The Pioneer
Friday, June 25, 2010
June 25, 2010 marks the 35th anniversary of the Emergency that was
imposed on an unsuspecting nation by Mrs Indira Gandhi. The Emergency
(a euphemism for dictatorship), which lasted 19 months, resulted in
the incarceration of political opponents of the Congress, suspension
of fundamental rights, censorship of the media and the complete
eclipse of democracy. The reign of terror unleashed by that regime
reduced parliament to a rubber stamp and even the judiciary failed to
stand up to its tyranny.
The story of the Emergency is a long one that falls into distinct
chapters dealing with each of the organs of state and cannot possibly
be told in a single article. This article will therefore be limited
to one aspect -- the mutilation of the Constitution -- by that
regime. But, before we get to the fate that befell the Constitution,
a quick re-cap of the events that led to the imposition of the
Emergency.
The story begins with the judgement of Justice Jagmohanlal Sinha of
the Allahabad High Court holding Mrs Indira Gandhi guilty of corrupt
practices in the 1971 Lok Sabha election from Rae Bareli. He held
that election to be void and also barred her from contesting
elections for six years. The judge found that she had violated many
provisions of the election law. Mrs Gandhi appealed against this
order in the Supreme Court and managed to secure a "conditional
stay". Justice VR Krishna Iyer, who heard the appeal, allowed her to
continue in Parliament but barred her from participating in debates
or voting and referred the matter to a larger Bench of the court.
These judicial pronouncements clearly reduced Mrs Gandhi to a lame
duck Prime Minister and the right course for her would have been to
step down until the larger Bench had disposed of her case. But, egged
on by her family and the toadies she collected around her, she
decided to challenge the judiciary and place herself above the law.
Misusing an unused provision in the Constitution (Article 352) that
permitted the imposition of Emergency to deal with "internal
disturbance", she got the President to issue a proclamation
suspending fundamental rights and giving the Union Government
unbridled powers. Further, all this was done by stealth. The
President passed the order after a late night meeting with the Prime
Minister. The Cabinet was not consulted but only "informed" the next
morning at 6 am in gross violation of the rules governing conduct of
business in Government.
On June 27, 1975, the President issued an order suspending citizens'
right to move the courts for enforcement of fundamental rights
guaranteed under Article 14 (equality before law and equal protection
of the law), Article 21 (no deprivation of life and liberty except by
procedure established by law) and Article 22 (no detention without
being informed of the grounds for it). With the passage of this
order, citizens lost their fundamental right to life and liberty.
Later, he passed yet another order suspending the right of citizens
to move court for enforcement of freedoms under Article 19. This laid
the infrastructure for dictatorship.
The assault on the Constitution began soon thereafter with the 38th
Amendment, which barred judicial review of the presidential
proclamation and the laws made by a discredited Government in
contravention of the fundamental rights. Then came the 39th
Amendment, which barred the Supreme Court from hearing the election
petition against the Prime Minister.
This amendment, passed in gross violation of parliamentary rules, was
hustled through at break-neck speed. It, therefore, enjoys the
dubious distinction of being the fastest constitutional amendment in
India's history. It was introduced in the Lok Sabha on August 7, 1975
and passed that very day after a two hour 'debate'. It was introduced
in the Rajya Sabha on August 8, 1975 and again, passed that very day.
On August 9, a Saturday, all State legislatures were summoned to
ratify this amendment and on August 10, 1975 (a Sunday) it received
the President's assent. The reason for this over-speeding was the
Congress's desire to pre-empt the Supreme Court which was to begin
hearing Mrs Gandhi's appeal on Monday, August 11, 1975. Alas, there
was no Constitutional Policeman to challan this rash driver!
But such was the desperation within the Congress to place its leader
above the law that it showed itself to be both ruthless and reckless.
Although the 39th Amendment had been passed by the Rajya Sabha only
the previous day, the Government introduced and ensured passage of
the 41st Amendment in that House the very next day -- August 9, 1975.
Parliament had become a captive legislative machine churning out
constitutional amendments to suit the needs of an individual -- the
Prime Minister.
This amendment took the concept of putting the Prime Minister above
the law to a far more ridiculous level. It said no civil or criminal
proceedings "whatsoever" could lie in court against a person who is
or who had been Prime Minister for acts done by that person before
entering office or during the term of office. This amendment shook
the very foundation of our Constitution because equality before law
and equal application of all laws is the basic premise of a
democratic Constitution. Fortunately, though the Rajya Sabha passed
this amendment with undue haste, there was some rethinking and the
Bill was not brought before the lower House. Also rushed through
around this time was the 40th Amendment that put an anti-media law in
the 9th Schedule to bar judicial intervention.
The 42nd Amendment turned out to be the final nail in the coffin of a
democratic Constitution. Its primary aim was to clip the wings of the
judiciary. It said Parliament's power to amend the Constitution was
unlimited "by way of addition, variation or repeal" and no amendment
could be questioned "in any court on any ground". This meant that
Parliament henceforth had the unfettered power to preserve or destroy
the Constitution.
The 42nd Amendment had two other reprehensible components. One, it
abolished the need for quorum in Parliament and State legislatures,
thus making it possible for just a handful of Congress MPs to sit
late in parliament and make laws for the country at will. Two, it
gave the President the power to amend constitutional provisions
through an Executive Order. It said if there were any difficulties in
giving effect to the Constitution as amended, the President may, by
order, for up to two years, "adapt or modify the provision to remove
the difficulty". Through this provision, Parliament had bartered way
its exclusive power to amend the Constitution.
History books tell us that Hitler and Mussolini were among those who
acquired such special powers to 'amend' their Constitutions with the
stroke of a pen. Taken together, these amendments robbed the
Constitution of its soul and turned India into a dictatorship.
Fortunately the people voted out this regime in March 1977. The
Janata Party, which came to power, quickly removed these fascist
features and re-introduced democratic values in the Constitution.
However, although it had turned a vibrant democracy into a
dictatorship, the Congress has had no remorse over its conduct during
1975-77.
Worse, some of its members and many of its apologists argue that Mrs
Gandhi had no option but to impose the Emergency. So, next time
Congress spokespersons talk about the virtues of democracy, we need
to ask them what they think of Amendments 38 to 42!
Comments:
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Subversion of the Constitution
By BAPTY.S on 7/2/2010 3:00:22 PM
Mr Prakash, "The Pioneer" having people like Mr Mitra, you, Swapan,
Joginder Singh & so many others, why not write a thought provoking
article, 1. Why Congress shld get 206 seats,2. why allies shld fall
for trap calling BJP communal, so go with secular Congress, 3.BJP
states performance so good, look at leadership of Gujarat & its
progress, so what shld bjp do to swing mass appeal young & old
electorate. I feel people may swing seeing for vikas of BJP
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An assault on the constitution.
By V. N. Seetharam on 6/26/2010 6:43:27 PM
The situation today is much worse than the Emergency. At least then
we had a vast array of stalwarts like J.P, Morarji Desai, Kamaraj and
many more titans with innate decency and political values. Look at
the pernicious pygmies who are in power and the n namesake bovine PM
dancing to the tune of the Italian Deity and accommodating viruses
like Raja and speechless Alagiri. During Emergency it was a clash of
giants and Golliaths unlike the puny apes that abound the government
for themselves.
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Then and Now
By MrHistory on 6/25/2010 3:22:50 PM
This article is great in its historical substance. However, much is
attained in present India without the cruel, thoughtless and
totalitarian Constitutional Amendments 38-42! The theme of victory
these days is propaganda, fictitious and spurious rationales and when
everything fails corruption. All our governmental units,
constitutionally independent administrative branches of government
like the judiciary, president etc follow the ruling dispensation even
under a coalition government.
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congessusbversion of the constitution
By s subrasmanyan on 6/25/2010 2:25:42 PM
It is good that the writer has taken us bck to the dye day 35 years
ago India plunged into a dictatorship through 'emergency'. thos
eliving in Delhi at that time will recall the dark days they ahd to
udnrgo. 35 years later much the same senario is being reoplayed, the
only difference being we are feigning ourselves that we are in a free
parliamentary democracy. All the organis of the stte stand diminisehd
for one reason or the otehr.
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Emergency
By Taslima on 6/25/2010 12:46:55 PM
Congress and Gandhi family are devoid of any sins. Nobody remembers
them. But, others like Modi will not be allowed to forget.
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suryaprakash article
By subodh khanna on 6/25/2010 8:07:52 AM
even now when congress wallahs talk gives an impression they have
divine right to role this contry
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Dark period of Indian Democracy
By Vijay Patel on 6/25/2010 1:58:52 AM
Has Nation ever got an appology from Nehru/Gandhi family or Congress
party? They have given us corrupt politicians, governance by dividing
communities in ST, SC, or minorities for their votebank, wasting
country's wealth for their own election agendas. Its their clever
ploy not to educate mass population of this nation so they can enjoy
their power with criminal politicians. Have they ever done anything
to stop criminal/corrupt politician from looting our hard earned
wealth? No.
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EMERGENCY
By Chandana on 6/25/2010 1:33:51 AM
Sends a chill down one's spine! but people are still voting for
them!! and thereby hangs a tale!
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Jai Maharaj, Jyotishi
Om Shanti
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