Latest news with #SamvidhanHatyaDivas
Hans India
01-07-2025
- Politics
- Hans India
Indian Constitution was murdered on June 25, 1975
On the midnight of June 25, 1975, India was witness to the suspension of civil liberties and democratic ethos. Moreover, it was not merely a political Emergency but also a constitutional emergency in the truest and most tragic sense. Should we then not call it Samvidhan Hatya Divas? The day our Constitution was betrayed from within, not by invaders, not by enemies, but by its own custodians. Most questions remain unanswered even fifty years later: Why was Fakhruddin Ali Ahmed not impeached? With a stroke of his pen, he signed away the fundamental rights of the people—rights he had solemnly sworn to uphold. Was the oath to 'preserve, protect, and defend the Constitution' simply ceremonial? The then Prime Minister, bound by the collective responsibility to the Constitution, did not initiate impeachment—one of the gravest omissions in our constitutional history. If such dark conditions rose the doubt-can and should the President be impeached? But in 1975, silence prevailed over action. Compliance replaced courage. It was not just an Emergency—it was complicity. Fifty years back, the Emergency was declared based on the constitutional provision of 'internal disturbances,' which was later extended to include 'external aggression'. Ahmed's role was largely seen as supporting the then Prime Minister Indira Gandhi's decisions during that time. During his term as President, Ahmed also gave his assent to numerous ordinances and constitutional amendments drafted by Indira Gandhi to rule by decree. There were no reasons to justify the imposition of Emergency, a dubious reason 'a grave emergency exists whereby the security of India is threatened by internal disturbances.' The President did not cite any reports to that effect from the Intelligence Bureau, Home Ministry or from any of the governors, nor had the proposal been considered by the Union Council of Ministers. Article 60's 'Oath or affirmation' by the President says: Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say— 'I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.' This is not a privilege of the President, or his/her duty? President's 'satisfaction' and the Constitution: How does the President reach 'satisfaction'? The President's satisfaction in the constitutional sense means that it is the 'satisfaction' of the council of ministers. The President acts on the advice of the Council of Ministers in most matters, including giving assent and amendments. Therefore, when a provision requires the President's satisfaction, it means that the council of ministers must be satisfied with the provision before it is presented to the President for his assent. The Ministers of the Union play a crucial role in the functioning of the President's office. They are responsible for advising the President on various matters, including giving assent to recommendations by the Prime Minister and the Cabinet. The Constitution vests the executive power of the Union in the President, but this power is to be exercised on the aid and advice of the Council of Ministers. One should examine Article 352 of our Constitution to read that empowered the President to impose a national Emergency on his satisfaction that the security of India or any part of it is threatened by war, external aggression, or internal disturbance. Article 74 of the Constitution, as it then stood, provided for 'a Council of Ministers with the Prime Minister at the head to aid and advise the President'. Unfortunately, the President did not know that the proposal was sent without any discussions with the Union Cabinet. The President learnt only after the 'ratification' of the Cabinet the next morning. Meanwhile, within three hours after the imposition of the Emergency, power supply to all major newspapers was cut, while many top opposition leaders were arrested and jailed. Top secret revealed at midnight! Author Gyan Prakash picked up this excerpt from the book 'Emergency Chronicles: Indira Gandhi and Democracy's Turning Point': 'President Fakhruddin Ali Ahmed summoned his secretary, K. Balachandran, at around 11:15 p.m. on June 25, 1975. Ten minutes later, Balachandran met the pajama-clad president in the private sitting room of his official residence at Rashtrapati Bhavan. The president handed his secretary a one-page letter from Indira Gandhi marked 'Top Secret.' Referring to the prime minister's discussion with the president earlier that day, the letter said she received information that internal disturbances posed an imminent threat to India's internal security. It requested a proclamation of Emergency under Article 352 (1) if the president was satisfied with this score. She would have preferred to have first consulted the cabinet, but there was no time to lose. Therefore, she was invoking a departure from the Transaction of Business Rules in the exercise of her powers under Rule 12 thereof. The president asked for his aide's opinion on the letter, which did not have the proposed proclamation attached. Balachandran said that such a proclamation was constitutionally impermissible on more than one ground. At this, the president said that he wanted to consult the Constitution. Balachandran retreated to his office to locate a copy. Meanwhile, the deputy secretary in the president's Secretariat showed up. The two officials launched into a discussion about the constitutionality of the prime minister's proposal before they returned to President Ahmed with a copy of the Constitution. Balachandran explained that the president's satisfaction that internal disturbances posed a threat to internal security was constitutionally irrelevant. What the Constitution required was the advice of the Council of Ministers. Balachandran withdrew when the president said he wanted to speak to the prime minister. When he re-entered the room ten minutes later, President Ahmed informed him that R.K. Dhawan had come over with a draft Emergency Proclamation, which he had signed. Then the President swallowed a tranquilizer and went to bed. The author Gyan Prakash explained the sordid episode as follows: This late-night concern for constitutional propriety is revealing. What we see unfolding in the hunt for a copy of the Constitution, the leafing through its pages to make sure that the draft proclamation met the letter of the law, is the meticulous process of the paradoxical suspension of the law by law. The substance of the discussion concerns the legality of the procedures to follow in issuing the Emergency Proclamation. The political will behind the act goes unmentioned. This is because Article 352 (1) of the Constitution itself had left the judgment of the necessity for the Emergency proclamation outside the law. The doctrine of necessity regards the judgment of crisis conditions as something that the law itself cannot handle; it is a lacuna in the juridical order that the executive is obligated to remedy. This leaves the sovereign to define the conditions necessitating the suspension of law. Accordingly, the discussion at Rashtrapati Bhavan did not refer to the politics of the Emergency proclamation. Instead of resigning from the position as President, Ahmed should have been impeached as was the overall opinion in those days. The lovers of democracy expect the I.N.D.I.A outfit led by the Congress Party to assure that Emergency will not be repeated and the NDA to ensure that they will remove the dark situations of violating freedom of speech, and enliven the Samvidhan without killing it. Let us hope every Constitutional officer remembers their oath and the President will not sign without reading such documents like a rubber stamp. (The writer is Advisor, School of Law, Mahindra University, Hyderabad)
Hans India
30-06-2025
- Politics
- Hans India
Intended to keep judiciary enslaved
New Delhi: Prime Minister Narendra Modi on Sunday recalled the Emergency imposed 50 years ago, calling it one of the darkest chapters in India's democratic history in his monthly Mann ki Baat address. Referring to the Emergency imposed in 1975, Modi said, "Those who imposed Emergency not only murdered the spirit of the Constitution but also tried to suppress the judiciary as puppets. "He said the country marked 50 years since the Emergency was imposed a few days ago and observed it as 'Samvidhan Hatya Divas'. "We must remember those who bravely fought against Emergency. This inspires us to remain vigilant to safeguard our Constitution," he said. During the address, the Prime Minister also played archival audio recordings of speeches by leaders such as Morarji Desai, Atal Bihari Vajpayee, and Jagjivan Ram, who had recounted the atrocities faced by people during the Emergency period. The Emergency was declared on June 25, 1975, and lasted 21 months until March 1977. It was marked by the suspension of civil liberties, press censorship, and widespread arrests of political leaders. Modi's criticism of the Emergency-era actions, delivered without directly naming the Congress or then Prime Minister Indira Gandhi, came at a time when the ruling BJP and opposition parties are engaged in a sharp exchange, with the opposition alleging that an undeclared Emergency exists under the Modi government.
&w=3840&q=100)
First Post
29-06-2025
- Health
- First Post
PM Modi slams Congress for Emergency, plays archives of Vajpayee, Desai in Mann Ki Baat
PM Modi, in his Mann Ki Baat address on Sunday (29 June), criticised the Congress for imposing the Emergency 50 years ago. He called it a dark chapter in India's history and played old speeches of Morarji Desai, Vajpayee who spoke about the struggles people faced during that time. read more Prime Minister Narendra Modi addressed the nation on Sunday (29 June) during the 123rd episode of his monthly radio programme, Mann Ki Baat. During his address, he criticised the Congress party and its then Prime Minister Indira Gandhi for imposing the Emergency, as the dark phase completed 50 years on 26 June this year. He said the country had marked 50 years since the Emergency was imposed just a few days ago and observed it as Samvidhan Hatya Divas (Constitution Murder Day). 'We must remember those who bravely fought against the Emergency. This inspires us to remain vigilant to safeguard our Constitution,' he said. STORY CONTINUES BELOW THIS AD Speaking about the Emergency imposed in 1975, he said, 'Those who imposed the Emergency not only murdered the spirit of the Constitution but also tried to suppress the judiciary like puppets.' The Prime Minister also played archival audio recordings of leaders such as Morarji Desai, Atal Bihari Vajpayee, and Jagjivan Ram, who spoke about the hardships faced by people during the Emergency. In his speech, he also spoke about International Yoga Day, observed on 21 June, which saw millions participating across India. 'We saw many mesmerising images of the celebration. In Visakhapatnam, three lakh people practised yoga together on the beach. Another incredible sight was over 2,000 tribal students performing 108 Surya Namaskars for 108 minutes. Imagine the discipline needed. A grand display of yoga was also held on our naval ships,' PM Modi said. India declared trachoma-free PM Modi also shared that the World Health Organization (WHO) has declared India free of trachoma, a bacterial eye infection that can cause blindness. 'I am delighted to share that WHO has declared India free of trachoma. This is the success of our health workers. The Jal Jeevan Mission has contributed to this achievement,' he said. Growth in social security coverage The Prime Minister noted that, according to an International Labour Organization (ILO) report, 64 per cent of India's population now has access to social security—nearly four times higher than during the previous Congress-led government. 'The ILO report states that 64 per cent of the population definitely has access to social security. Nearly 95 crore people are benefiting from these schemes, compared to fewer than 25 crore in 2015,' PM Modi said. STORY CONTINUES BELOW THIS AD
Time of India
29-06-2025
- Politics
- Time of India
'Intended to keep judiciary enslaved': PM Modi recalls imposition of Emergency in Mann ki Baat; plays archival audios of Morarji Desai, Atal Bihari Vajpayee
PM Modi NEW DELHI: Prime Minister Narendra Modi on Sunday recalled the Emergency imposed 50 years ago, calling it one of the darkest chapters in India's democratic history in his monthly Mann ki Baat address. Referring to the Emergency imposed in 1975, PM Modi said, "Those who imposed Emergency not only murdered the spirit of the Constitution but also tried to suppress the judiciary as puppets. " He said the country marked 50 years since the Emergency was imposed a few days ago and observed it as 'Samvidhan Hatya Divas'. "We must remember those who bravely fought against Emergency. This inspires us to remain vigilant to safeguard our Constitution," he said. During the address, the Prime Minister also played archival audio recordings of speeches by leaders such as Morarji Desai, Atal Bihari Vajpayee, and Jagjivan Ram, who had recounted the atrocities faced by people during the Emergency period. The Emergency was declared on June 25, 1975, and lasted 21 months until March 1977. It was marked by the suspension of civil liberties, press censorship, and widespread arrests of political leaders.
India Gazette
27-06-2025
- Politics
- India Gazette
"Emergency imposed by Indira Gandhi was stain on democracy," says Arjun Meghwal
New Delhi [India], June 27 (ANI): Union Minister Arjun Ram Meghwal launched a sharp attack on the Congress party on the 50th anniversary of the Emergency, calling it a stain on democracy and accusing former Prime Minister Indira Gandhi of murdering the Constitution to retain power. Speaking to ANI on Friday, Meghwal said that the Emergency era (1975-1977), imposed by Indira Gandhi, must be remembered so that the new generation understands how democracy was suppressed. 'Everyone has acknowledged that the Emergency imposed by Indira Gandhi was a stain on democracy, but the new generation should know how Indira Gandhi murdered the Constitution,' said Meghwal. He stated that fundamental rights were taken away, press freedom was severely curbed, and opposition leaders were jailed without reason. 'Citizens' fundamental rights were snatched away, censorship was imposed on the press, opposition leaders were thrown in jail, no one could speak against Indira Gandhi, is that the era we are in now?' he questioned. Criticising the Congress, Meghwal took a jibe at Congress President Mallikarjun Kharge and LoP Rahul Gandhi, suggesting they admired the Emergency era. 'If you (the opposition) like such an era, then congratulations to you. Indira Gandhi imposed the Emergency to save her chair and power... If Mallikarjun Kharge and Rahul Gandhi like this, then congratulations to them, the country does not like such things,' Meghwal said. He further added that Prime Minister Narendra Modi had tried to educate the public about this period through the observance of 'Samvidhan Hatya Divas', saying, 'Prime Minister Modi has tried to explain through 'Samvidhan Hatya Divas' that such an era existed.' Earlier in the day, S. Jaishankar also slammed Congress for the Emergency and stated that it happened in the interest of one family was put forward ahead of the interest of the nation. 'The emergency happened because the interest of a family was put ahead of the interests of the nation. Today, the interest of the nation is put first', Jaishankar told reporters. Furthermore, the EAM took a jibe at the opposition and noted that what 'respect' can be seen towards the constitution by those who imposed the Emergency. He stated that nothing will happen by roaming with a copy of the Constitution in hand; it should be respected by heart. 'What respect can you see towards the Constitution by those who are still not apologising for the Emergency? Nothing happens by roaming around with a copy of the Constitution. It should be respected from the heart', S Jaishankar told reporters. (ANI)
