A Surya Prakash
We must never forget the Congress’s suppression of democratic rights during the 1975-77 Emergency. The party remains authoritarian as ever.
That an extra-constitutional centre of power controls much of what transpires in the Union Government is a fact that is far too well known both within the country and outside. It is also no secret that the Congress president, Ms Sonia Gandhi, who became that supra-constitutional authority after the 2004 general election soon after the appointment of a pliable party man as Prime Minister, regularly exercises her veto power and keeps a tight rein on the Government.
The Congress, however, does not see this as violative of any principle, constitutional or otherwise, because the presence of such extra-constitutional entities is part and parcel of the party’s concept of governance. Since the Nehru-Gandhis play a pivotal role in the affairs of the Congress, the party runs on the premise that members of the dynasty need no formal office to run the affairs of state.
Contrary to popular belief, this process began during the days of Jawaharlal Nehru when his daughter, Mrs Indira Gandhi, began dabbling in politics and even got her father to appoint her as the president of the Congress in the later part of the 1950s. The exercise of extra-constitutional power by members of this family came to be seen in a rather aggravated form in the mid-1970s when Sanjay Gandhi, as president of the Youth Congress, started issuing diktats to Union Ministers and Chief Ministers.
This approach to governance crossed the limits of decency during the dreaded Emergency in 1975-77. So appreciative was Mrs Indira Gandhi of the work of Sanjay Gandhi that she used her brute majority in Parliament to extend the term of the 1971-76 Lok Sabha by a year. This dreadful phase only ended when the people threw out the Congress in a belated general election called by her on the basis of ‘intelligence’ inputs that suggested that the people were with her.
This is the history of governance a la Congress, but many members of the Government led by this party pretend as if none of this happened or probably hope that much of this has been wiped off public memory. But those who have an abiding commitment to democracy should never let this happen because to forget the days of tyranny is to re-invite trouble. That is why for the sake of democracy, one needs to recall the dark days of the Emergency on its anniversary, which fell on June 25. This annual reminder has become all the more necessary in view of the anti-democratic tendencies displayed by the Congress even in the era of coalitions.
For instance, Anna Hazare and several other concerned citizens have announced their intention to agitate if the Government does not yield to their basic demand for a strong anti-corruption law that will bring everyone from the Prime Minister downwards within its ambit. The Congress, however, is hell bent on scuttling this move because of its traditional unease with independent institutions. Since the days of Nehru, the Congress has ensured that only ‘pliable’ party members are appointed Governors in the States. Similarly, it has always ensured that persons capable of independent judgement are not appointed as Election Commissioners.
The party also campaigned openly during the Emergency against an independent judiciary and media. One need only visit Parliament debates on the Constitution 42nd Amendment Bill to know the extent to which the party was willing to go to brow beat the judiciary, the media and a few upright bureaucrats. People like CM Stephen openly campaigned for a “committed judiciary” — committed not to the Constitution of India but to the Congress.
Nothing much has changed over the decades. The effort has always been to appoint party sympathisers or persons of dubious distinction to such constitutional offices. The best example of this in recent times is the appointment of Mr Navin Chawla, who was declared “unfit for any public office” by the Justice Shah Commission of Inquiry set up to look into abuse of power during the Emergency, as Election Commissioner. Another example of the Congress’s brazen contempt for norms was the appointment of a man who is an accused in a corruption case as head of the Central Vigilance Commission.
All this is indicative of the Congress’s fear of independent institutions. Given this background, it is indeed strange to hear sermons from Union Ministers like Mr Kapil Sibal and Mr P Chidambaram on the virtues of constitutionalism. Recently, they addressed the media together and hit out at ‘civil society’ and the demand for a strong Lok Pal by saying that it does not make sense to run a Government but allow “decisions to be taken outside”. The other argument against a strong Lok Pal was that the Government “cannot create a structure parallel to the Government”. The two Ministers also wondered how the Government “can wantonly part with its power”.
But, is this not what the Manmohan Singh Government has been doing for the last seven years — “wantonly parting with its power” to an extra-constitutional authority called Ms Sonia Gandhi? That is why this argument is rather weird when it is made by Congress Ministers. Even more laughable was Mr Chidambaram’s argument that “there is a Constitution, the basic features of which cannot be altered”.
Dozens of Congress MPs and leaders have condemned the doctrine of ‘Basic Structure’ propounded by the Supreme Court, both within Parliament and outside. Members of this party had even warned Supreme Court judges who propounded the doctrine that the party had its “methods” to teach them a lesson. That is why one must be wary of the false respect that Ministers like Mr Chidambaram show towards the idea of the basic structure of the Constitution and the lip service that they offer to the inviolability of this principle.
Finally, let the anniversary of the Emergency also remind us of the dreadful constitutional ‘amendments’ that the Congress introduced during 1975-77, placing the Prime Minister above the Constitution, curbing the powers of the Supreme Court and the High Courts, and giving the President the right to amend the Constitution through an executive order. These ‘amendments’ destroyed the foundations of a democratic Constitution.
Since the Congress still remains committed to extra-constitutionalism and to the appointment of pliant, unworthy persons to high constitutional offices, one should constantly be on one’s guard. The anniversary must remind us of the sacrifices made by lakhs of citizens who were killed, maimed and jailed by this party because it hated dissent.
That an extra-constitutional centre of power controls much of what transpires in the Union Government is a fact that is far too well known both within the country and outside. It is also no secret that the Congress president, Ms Sonia Gandhi, who became that supra-constitutional authority after the 2004 general election soon after the appointment of a pliable party man as Prime Minister, regularly exercises her veto power and keeps a tight rein on the Government.
The Congress, however, does not see this as violative of any principle, constitutional or otherwise, because the presence of such extra-constitutional entities is part and parcel of the party’s concept of governance. Since the Nehru-Gandhis play a pivotal role in the affairs of the Congress, the party runs on the premise that members of the dynasty need no formal office to run the affairs of state.
Contrary to popular belief, this process began during the days of Jawaharlal Nehru when his daughter, Mrs Indira Gandhi, began dabbling in politics and even got her father to appoint her as the president of the Congress in the later part of the 1950s. The exercise of extra-constitutional power by members of this family came to be seen in a rather aggravated form in the mid-1970s when Sanjay Gandhi, as president of the Youth Congress, started issuing diktats to Union Ministers and Chief Ministers.
This approach to governance crossed the limits of decency during the dreaded Emergency in 1975-77. So appreciative was Mrs Indira Gandhi of the work of Sanjay Gandhi that she used her brute majority in Parliament to extend the term of the 1971-76 Lok Sabha by a year. This dreadful phase only ended when the people threw out the Congress in a belated general election called by her on the basis of ‘intelligence’ inputs that suggested that the people were with her.
This is the history of governance a la Congress, but many members of the Government led by this party pretend as if none of this happened or probably hope that much of this has been wiped off public memory. But those who have an abiding commitment to democracy should never let this happen because to forget the days of tyranny is to re-invite trouble. That is why for the sake of democracy, one needs to recall the dark days of the Emergency on its anniversary, which fell on June 25. This annual reminder has become all the more necessary in view of the anti-democratic tendencies displayed by the Congress even in the era of coalitions.
For instance, Anna Hazare and several other concerned citizens have announced their intention to agitate if the Government does not yield to their basic demand for a strong anti-corruption law that will bring everyone from the Prime Minister downwards within its ambit. The Congress, however, is hell bent on scuttling this move because of its traditional unease with independent institutions. Since the days of Nehru, the Congress has ensured that only ‘pliable’ party members are appointed Governors in the States. Similarly, it has always ensured that persons capable of independent judgement are not appointed as Election Commissioners.
The party also campaigned openly during the Emergency against an independent judiciary and media. One need only visit Parliament debates on the Constitution 42nd Amendment Bill to know the extent to which the party was willing to go to brow beat the judiciary, the media and a few upright bureaucrats. People like CM Stephen openly campaigned for a “committed judiciary” — committed not to the Constitution of India but to the Congress.
Nothing much has changed over the decades. The effort has always been to appoint party sympathisers or persons of dubious distinction to such constitutional offices. The best example of this in recent times is the appointment of Mr Navin Chawla, who was declared “unfit for any public office” by the Justice Shah Commission of Inquiry set up to look into abuse of power during the Emergency, as Election Commissioner. Another example of the Congress’s brazen contempt for norms was the appointment of a man who is an accused in a corruption case as head of the Central Vigilance Commission.
All this is indicative of the Congress’s fear of independent institutions. Given this background, it is indeed strange to hear sermons from Union Ministers like Mr Kapil Sibal and Mr P Chidambaram on the virtues of constitutionalism. Recently, they addressed the media together and hit out at ‘civil society’ and the demand for a strong Lok Pal by saying that it does not make sense to run a Government but allow “decisions to be taken outside”. The other argument against a strong Lok Pal was that the Government “cannot create a structure parallel to the Government”. The two Ministers also wondered how the Government “can wantonly part with its power”.
But, is this not what the Manmohan Singh Government has been doing for the last seven years — “wantonly parting with its power” to an extra-constitutional authority called Ms Sonia Gandhi? That is why this argument is rather weird when it is made by Congress Ministers. Even more laughable was Mr Chidambaram’s argument that “there is a Constitution, the basic features of which cannot be altered”.
Dozens of Congress MPs and leaders have condemned the doctrine of ‘Basic Structure’ propounded by the Supreme Court, both within Parliament and outside. Members of this party had even warned Supreme Court judges who propounded the doctrine that the party had its “methods” to teach them a lesson. That is why one must be wary of the false respect that Ministers like Mr Chidambaram show towards the idea of the basic structure of the Constitution and the lip service that they offer to the inviolability of this principle.
Finally, let the anniversary of the Emergency also remind us of the dreadful constitutional ‘amendments’ that the Congress introduced during 1975-77, placing the Prime Minister above the Constitution, curbing the powers of the Supreme Court and the High Courts, and giving the President the right to amend the Constitution through an executive order. These ‘amendments’ destroyed the foundations of a democratic Constitution.
Since the Congress still remains committed to extra-constitutionalism and to the appointment of pliant, unworthy persons to high constitutional offices, one should constantly be on one’s guard. The anniversary must remind us of the sacrifices made by lakhs of citizens who were killed, maimed and jailed by this party because it hated dissent.
The Pioneer
The New Indian Express
Times of India
Swatantra Vaartha
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