The proposal to usher in a specific chapter on emergency in the curriculum at the school level by Minister of State for parliamentary affairs Mukhtar Abbas Nakhvi is extremely welcome and must be propelled by those having staunch faith in our constitutional and democratic system. While honouring democratic fighters at the occasion of the 41st anniversary of the ill-famed emergency in the country, Nakhvi articulated that the 19 months long clamouring narration of emergency that, pitilessly, almost eclipsed the democracy should be prefaced to our successors as 75 percent of our generation still unacquainted about the grounds and formidable circumstances before and during the emergency. The students must be cognizant about disreputed history of independent India as there are about revolutionary movements and freedom fighters before the independence.
After the Illegitimisation of the stellar victory of former Prime Minister Indira Gandhi from Gandhian's bastion Raebareli in 1971 by Allahbad high court in 1975 observing the forgery in the election, India snowballed into the massive tyranny. Indira Gandhi junked the entire constitution and democratic system in order to straddle the power and battered the country whimsically with internal emergency. And, it enabled her to, Imperiously, infuse the cells with her critics and political opponents, bringing cruel laws and, indeed, inexorably, pursue the whole country through a tyranny. When people would get the winds of disservice that excruciatingly inflicted by emergency to our ultimate constitution and the pristine pillars of the democracy, they'll, then, recognise the ingraining importance of Nakhvi's proposal. The tyrannical emergency imposed by Indira Gandhi almost trampled upon the parliament, judiciary, executive and even media. In a move to recount the current contemporaries the actual significance of intolerance, they must be cognizant about the brutal distortion of Indian constitution and how the Institutions were grievously imperilled.
Scaling down the constitutionally-supreme parliament into a pint-sized rubber-stamp, that passed the amendments, which left even alternative judiciary hamstrung, and deterring judiciary to take up pleas against the Prime Minister that reflected by 39th constitutional amendment. Dramatically, it was not the end of vicious authoritarianism, but the beginning. Now, Indira Gandhi introduced the 41st constitutional amendment, aiming to project the Prime Minister the super citizen of the country, and that will elevate the PM above the law. The law stated, the Prime Minister would not be subjected to any criminal proceedings for any of his/her work before or after assuming the office. Then, the country saw the 42nd amendment of Indian constitution, that included most of the implacable provisions based on Indira Gandhi's whimsical fancies. The most-usual perception is, the then President of India Fakhruddin Ali Ahmed played as rubber stamp, indeed, he, without any objection, signed the notification apropos to imposing emergency. It defies comprehension that President Ali Ahmed didn't consider to even asking Indira Gandhi once that, what led her to take up such a crucial motion without the mutual consent of her cabinet. Significantly, if he did so, Mrs Gandhi would have taken the parliamentary route for the motion.
The way, Indian Parliament and President, itself, were turned into a puppet of Indira Gandhi's hand and, simultaneously, judiciary and the media were genuflected, the school students must be taught about. The whole exercise led most of the judges to kowtow to the pressure inflicted to the judiciary. The distinguished Shivkant Shukla vs SDM, Jabalpur case would be a worthwhile example, wherein five judge bench of Supreme Court accepted the argument that, any Indian citizen would be devoid of the right to challenge against his/her house arrest or to file a Habeas Corpus plea, by Indira Gandhi government, concurrently, it was argued also by then Attorney General that any citizen would be deprived of any legal relief from the court until the end of emergency, even if a citizen is shot dead by a policeman.
Justice H.R. Khanna, the only judge out five judge bench, strenuously, expressed his dissent, though Justice Khanna was in the reckoning to be the Chief Justice but, Imperiously, detached from the reckoning by Indira Gandhi. Unlikely, rest all judges wrote down the verdict to do away the citizens of their fundamental rights, and elevated as Chief Justice, thereafter. The awareness of the preternatural judges like Justice Khanna, that stood stoutly for citizen's fundamental rights, though, sacrificing their career, must be spread among the youngsters, today, simultaneously, about those journalists, writers and artists who bulldozed the democracy back into the existence, even after being subjected to the cruel tyranny while putting up a fight against it, and that will, significantly, inspire the students to struggle, now, for their own independence.
After the Illegitimisation of the stellar victory of former Prime Minister Indira Gandhi from Gandhian's bastion Raebareli in 1971 by Allahbad high court in 1975 observing the forgery in the election, India snowballed into the massive tyranny. Indira Gandhi junked the entire constitution and democratic system in order to straddle the power and battered the country whimsically with internal emergency. And, it enabled her to, Imperiously, infuse the cells with her critics and political opponents, bringing cruel laws and, indeed, inexorably, pursue the whole country through a tyranny. When people would get the winds of disservice that excruciatingly inflicted by emergency to our ultimate constitution and the pristine pillars of the democracy, they'll, then, recognise the ingraining importance of Nakhvi's proposal. The tyrannical emergency imposed by Indira Gandhi almost trampled upon the parliament, judiciary, executive and even media. In a move to recount the current contemporaries the actual significance of intolerance, they must be cognizant about the brutal distortion of Indian constitution and how the Institutions were grievously imperilled.
Scaling down the constitutionally-supreme parliament into a pint-sized rubber-stamp, that passed the amendments, which left even alternative judiciary hamstrung, and deterring judiciary to take up pleas against the Prime Minister that reflected by 39th constitutional amendment. Dramatically, it was not the end of vicious authoritarianism, but the beginning. Now, Indira Gandhi introduced the 41st constitutional amendment, aiming to project the Prime Minister the super citizen of the country, and that will elevate the PM above the law. The law stated, the Prime Minister would not be subjected to any criminal proceedings for any of his/her work before or after assuming the office. Then, the country saw the 42nd amendment of Indian constitution, that included most of the implacable provisions based on Indira Gandhi's whimsical fancies. The most-usual perception is, the then President of India Fakhruddin Ali Ahmed played as rubber stamp, indeed, he, without any objection, signed the notification apropos to imposing emergency. It defies comprehension that President Ali Ahmed didn't consider to even asking Indira Gandhi once that, what led her to take up such a crucial motion without the mutual consent of her cabinet. Significantly, if he did so, Mrs Gandhi would have taken the parliamentary route for the motion.
The way, Indian Parliament and President, itself, were turned into a puppet of Indira Gandhi's hand and, simultaneously, judiciary and the media were genuflected, the school students must be taught about. The whole exercise led most of the judges to kowtow to the pressure inflicted to the judiciary. The distinguished Shivkant Shukla vs SDM, Jabalpur case would be a worthwhile example, wherein five judge bench of Supreme Court accepted the argument that, any Indian citizen would be devoid of the right to challenge against his/her house arrest or to file a Habeas Corpus plea, by Indira Gandhi government, concurrently, it was argued also by then Attorney General that any citizen would be deprived of any legal relief from the court until the end of emergency, even if a citizen is shot dead by a policeman.
Justice H.R. Khanna, the only judge out five judge bench, strenuously, expressed his dissent, though Justice Khanna was in the reckoning to be the Chief Justice but, Imperiously, detached from the reckoning by Indira Gandhi. Unlikely, rest all judges wrote down the verdict to do away the citizens of their fundamental rights, and elevated as Chief Justice, thereafter. The awareness of the preternatural judges like Justice Khanna, that stood stoutly for citizen's fundamental rights, though, sacrificing their career, must be spread among the youngsters, today, simultaneously, about those journalists, writers and artists who bulldozed the democracy back into the existence, even after being subjected to the cruel tyranny while putting up a fight against it, and that will, significantly, inspire the students to struggle, now, for their own independence.
No comments:
Post a Comment