Saturday, April 17, 2021
Home Opinions 'Even if life was taken away illegally, courts are helpless': the Congress toolkit for...

‘Even if life was taken away illegally, courts are helpless’: the Congress toolkit for protecting institutions

At a Supreme Court hearing in 1976, the Congress government explained why the fundamental rights under Article 21 had been canceled. At this, one of the Justices happened to ask if the right to life, which is included in Article 21 had also been canceled.

Recently, Rahul Gandhi made headlines in the media when he admitted that imposing the Emergency in 1975 was the wrong thing to do. But he added a caveat to his statement. He insisted that “Congress at no point tried to capture India’s institutional framework.” Accordingly, I have put together a brief 3 point toolkit to preserving India’s institutional framework, taking inspiration from the formidable Indira Gandhi and her illustrious grandson Rahul.

(1) Step one: Cancel Elections.

In the 1971 general elections, Indira Gandhi’s Congress won a massive mandate of 352 seats in the Lok Sabha, which used to have 518 seats at the time. Indira Gandhi had the people’s mandate to rule. There was only one problem though. The mandate was supposed to expire in five years and fresh elections would be needed. Because people can be ungrateful at times, this could have been a risky proposition.

That’s why the Congress government decided to cancel the elections of 1976. No elections means no dissent and no capture of institutions.

(2) Step two: Cancel Habeas Corpus

What can you do if the government picks you up tomorrow and throws you in jail? You have a right to know the charges against you. You have to be produced before a court. This is called Habeas Corpus. So the Congress government canceled Habeas Corpus. Possibly because Latin is a dead language anyway.

At a Supreme Court hearing in 1976, the Congress government explained why the fundamental rights under Article 21 had been canceled. At this, one of the Justices happened to ask if the right to life, which is included in Article 21 had also been canceled.

The Attorney General replied: “Even if life was taken away illegally, courts are helpless.

How reassuring.

(3) Step three: Pick the Chief Justice of the Supreme Court correctly

Remember the pesky old judge who tried to trip up the Attorney General by asking him if the Congress government has given itself the power to take lives without a trial? Sounds like a troublemaker. His name was Justice Hans Raj Khanna. He would have become the next Chief Justice of India if traditions of seniority were anything to go by.

And that’s why his junior, Justice Mirza Hameedullah Beg, ascended to the post of CJI in January 1977. In one of his rulings on the Emergency, Justice M H Beg had observed: “We understand that the care and concern bestowed by the state authorities upon the welfare of detenues who are well housed, well-fed and well treated, is almost maternal.”

The Emergency is maternal? Canceling elections is maternal? Canceling the right to life is maternal? This guy gets it. This guy truly understands the meaning of the expression “India is Indira.”

With the right tools, any country can become a functioning democracy with strong institutions like India used to be during the Emergency. That’s why I have put together this toolkit. Now we just need approval from Mia Khalifa and Mo Dhaliwal.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

Abhishek Banerjeehttps://dynastycrooks.wordpress.com/
Abhishek Banerjee is a math lover who may or may not be an Associate Professor at IISc Bangalore. He is the author of Operation Johar - A Love Story, a novel on the pain of left wing terror in Jharkhand, available on Amazon here.  

Related Articles

Trending now

Christian pastor dupes Jalandhar family of Rs 80,000, converts them to Christianity on the pretext of healing cancer

Jalandhar Pastor Balwinder Singh duped a family of Rs 80,000 promising to cure a cancer patient, and converted them to Christianity

Watch: Muslim mob gathers at Dargah Bazar Ajmer after Friday prayers, demand arrest of Yati Narsinghanand, law against insult to Islam

Yati Narsinghanand Saraswati has been in the line of fire ever since he made some remarks on Prophet Muhammad

‘Terrorists would have fired into your heart’: Cop in Kashmir arrested under UAPA for glorifying terrorism, resisting search and turning violent

Jammu and Kashmir police arrested a Special Police Officer (SPO) under the stringent anti-terror law in Frisal village in Kulgam of South Kashmir.

We respect PM Modi’s call: PM Modi urges for snan at Kumbh to be kept symbolic due to COVID-19, Swami Avdheshanand responds

PM Modi spoke to Juna Akhara Mahamandleshwar, Swami Avdheshanand and requested for 'Shahi Snan' at Kumbh Mela to be kept symbolic.

TMC’s Derek O’Brien opposes EC’s Covid campaign restrictions, says new rules very suitable to ‘Lutyens bungalow’ residents

TMC leader Derek O'Brien criticized the Election Commission's new Covid restrictions in a press conference today.

EC extends election campaign ban before polls in West Bengal to 72 hours, no campaigning allowed after 7 PM

In view of the worsening Covid-19 crisis in the country, the Election Commission has extended restrictions on campaigning for polls

Recently Popular

Karan Johar’s Dharma Production fires Kartik Aryan, not to work with him again: Here is what happened

Dharma Productions said it was pushed to the wall by “unprofessional behaviour” of Kartik Aryan during shooting of Dostana 2

Aaj Tak to air public apology on 23rd April for sharing fake news on Sushant Singh Rajput, pay Rs 1 lac fine: Details

Aaj Tak has been asked by the NBSA (News Broadcasting Standard Authority) to air a public apology for fake news on Sushant Singh Rajput

Andhra Pradesh man hacks family of six including two children to avenge the rape of his daughter: Details

Andhra Pradesh police confirmed that the incident was a fall out of a old feud between the accused and the victim family

Derek O’Brien’s Clubhouse interaction exposes how TMC fears the prospect of loss in West Bengal: Three statements made and what they mean

Perhaps to fire-fight what Prashant Kishor said, Derek O'Brien appeared on Clubhouse for a short interaction with select 'liberals'.

Rally of dead bodies, threats against CRPF, lying and scaring with ‘detention camps’ so people don’t vote: What viral audio of Mamata Banerjee means

Mamata Banerjee was heard telling TMC worker Partha Pratim Roy to organise a political rally with the dead bodies to stir public sympathy

Justice Chandrachud apologises to a lawyer, asks him to go rest since he was fasting for Ramzan

Justice Chandrachud of the Supreme Court apologised to a Muslim lawyer for not knowing that he had been fasting during the month of Ramzan.
- Advertisement -

 

Connect with us

254,077FansLike
529,695FollowersFollow
24,200SubscribersSubscribe