BJP MPs did not mention Indira herself voted to remove many provisions of 42nd Amendment: Ramesh
New Delhi (PTI): Prime Minister Narendra Modi and his colleagues mounted a "furious attack" on Indira Gandhi for the 42nd Amendment but they did not mention that she, along with other Congress MPs, voted in favour of the 44th Amendment which removed a number of provisions introduced through the 42nd Amendment, Congress MP Jairam Ramesh said on Sunday.
Ramesh pointed out that the PM and his colleagues also did not mention the fact that many of the provisions of the 42nd Amendment have been retained ever since it was enacted almost half a century ago.
"During the discussion on the Constitution, the PM and his colleagues mounted a furious attack on Indira Gandhi for the 42nd Amendment that was passed by Parliament in December 1976," he said in a post on X.
"What they did not mention was that Indira Gandhi herself, along with other Congress MPs, then voted in favour of the 44th Amendment in December 1978, when Morarji Desai was PM," he said.
The words "socialist" and "secular" were inserted into the Preamble to the Constitution under the 42nd constitutional amendment moved by the Indira Gandhi government in 1976.
The amendment changed the description of India in the Preamble from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic".
Ramesh said the 44th Amendment removed a number of provisions introduced through the 42nd Amendment.
"The PM and his colleagues also did not mention the fact that many of the provisions of the 42nd Amendment have been retained ever since it was enacted almost half a century ago," the Congress leader said.
Ramesh pointed out that the provisions of the 42nd Amendment include the words 'socialist' and 'secular' in the Preamble that have been recently held by the Supreme Court to be part of the basic structure of the Constitution.
They include Article 39-A that provides for equal justice and free legal aid and Article 43-A that provides for participation of workers in management of industries, Ramesh said.
The provisions retained also include Article 48-A that provides for protection and improvement of the environment and safeguarding of forests and wildlife, he said.
They also include Article 51-A that lists 11 fundamental duties of citizens and Articles 323-A and 323-B that provide for administrative and other tribunals, he said.
Inclusion of education, population planning, environment, and forests in the Seventh Schedule, i.e., the Concurrent list that gives responsibility to both the Union and state governments was also retained, Ramesh said.
The Lok Sabha and the Rajya Sabha held a two-day debate on the "Glorious Journey of 75 Years of the Constitution of India" earlier this month that saw acrimonious exchanges between the treasury and opposition benches.
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Lakhimpur Kheri violence case: SC expresses disappointment over non-production of witnesses in trial
New Delhi (PTI): The Supreme Court on Friday expressed disappointment over the non-production of witnesses in the ongoing trial against Ashish Mishra, son of former Union minister Ajay Mishra, and others in the 2021 Lakhimpur Kheri violence case.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the status report filed before it by the Uttar Pradesh government has not assigned any reason whatsoever for the non-production of witnesses.
It noted that no witnesses have been examined in the trial for the last two months.
"We direct the presiding judge to take lawful measures to secure the presence of witnesses," the bench said.
It asked the trial judge to make an endeavour to conclude the trial in a time-bound manner, and also to file a status report before it.
The trials in two cases related to the incident are going on before a court in Uttar Pradesh.
The bench noted that in the first case, out of 131 witnesses to be examined, 44 have been examined, 15 have been discharged and 72 are still to be produced.
In the second FIR, out of 35 witnesses, 26 have been examined and nine were left, it said.
Senior advocate Siddharth Dave, appearing for Ashish Mishra, said that as per the latest status report filed by Uttar Pradesh, 44 witnesses have been examined so far in the first FIR.
"No witnesses have been examined in the last two months," Dave said.
He argued that the last status report filed by the state in March also said that 44 witnesses had been examined.
"What have you done from March till today?" the bench asked the counsel appearing for Uttar Pradesh.
The state's counsel said that 3-4 witnesses were summoned for the recording of their deposition during the trial.
The bench said at least 7-8 witnesses should be summoned instead of three or four for a day, so that even if some of them do not turn up, the trial court could proceed with the recording of statements of those appearing before it.
The top court also wondered how official witnesses can remain absent during the trial.
"We are disappointed to note that the so-called status report does not assign any reason whatsoever for non-production of witnesses...," the bench said.
Advocate Prashant Bhushan, appearing for the relatives of the farmers who were allegedly mowed down in the incident, said the apex court will have to do something regarding the manner in which the trial was going on.
The bench noted that besides the two FIRs, another FIR was registered in October last year concerning alleged witness intimidation.
It said that, as per the state's status report, the chargesheet was filed against the main accused in that case.
The bench noted that the status report reveals that, as far as Ashish Mishra is concerned, his alleged role in the third case is still being investigated.
The top court directed the investigating officer of the third case to conclude the pending probe and ensure that the appropriate report is filed before the concerned court within four weeks.
The bench posted the next hearing in the Lakhimpur Kheri violence case for July.
On October 3, 2021, eight people, including four farmers, were killed in Tikunia in Lakhimpur Kheri district during a protest by farmers against Deputy Chief Minister Keshav Prasad Maurya's visit to the area.
Four farmers were mowed down by a sports utility vehicle. A driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence.
In one of the cases, the trial court in December 2023 framed charges against Mishra and 12 others for alleged murder, criminal conspiracy and under other penal laws in the case of the farmers' deaths, paving the way for the trial.
