New Delhi, July 6 : Union Minister Arun Jaitley on Friday attacked the Congress for amending the Constitution in 1951 to restrict Syama Prasad Mookerjee from advocating 'Akhand Bharat' whereas currently it finds calls for 'tukde tukde' a "legitimate free speech".
"The first amendment to the Constitution in 1951 and the 16th amendment in 1963 imposed further conditions on the Right to Free Speech," Jaitley said in a Facebook post on the 117th birth anniversary of Mookerjee, founder of Bharatiya Jan Sangh, the predecessor of BJP.
Jaitley said then Prime Minister Jawaharlal Nehru was against idea of 'Akhand Bharat' (Greater or Undivided India) as he thought it would lead to wars. With no scope to contain Mookerjee from advocating the casue, Nehru went ahead with the first amendment of the Constitution.
"The restriction (brought by the first amendment) is very broadly worded. It empowers the State to prohibit free speech if it adversely impacts 'friendly relations with foreign states'. The State can even make the exercise of speech in this regard as a penal offence," Jaitley said.
Mookerjee was one of the key advocates of a united India which he referred to as 'Akhand Bharat'.
Two days before the "Nehru-Liaquat Pact" was to be signed in April 1950, Mookerjee, who was Industry Minister in the First Cabinet as a Hindu Mahasabha representative, resigned from the Cabinet in protest and took strong public position against the "Nehru-Liaquat Pact", Jaitley noted.
"Nehru over-reacted to Mookerjee's criticism. He interpreted the very idea of 'Akhand Bharat' as an invitation to conflict since the country could not be reunited other than by war," the BJP leader said.
Mookerjee, on the contrary, claimed that Pakistan wanted a war and was already at war with India having captured part of its legitimate territory of Jammu and Kashmir and, therefore, to suggest that his speeches on 'Akhand Bharat' would lead to a war was not acceptable.
"The paradox in our jurisprudential evolution is that we have applied a different yardstick to those who want to dismember India and commit an offence of sedition. This debate recently came into forefront during the 'tukde tukde' agitation at the Jawaharlal Nehru University."
Jaitley said a 1962 judgement of the Supreme Court in Kedarnath Singh's case was repeatedly cited in which the court interpreted Article 124(A) of the IPC to mean that utterances would be punishable only if it intended to incite violence and a speech per se advocating disintegration would not be sedition unless the element of violence was apparent.
"In the past 70 years, this country has witnessed a change in the situation where Nehru amended the Constitution so that a demand for 'Akhand Bharat' could incite a war and therefore should be prohibited. On the contrary, we all were told that to advocate a breakup of the country without inciting violence is legitimate free speech," Jaitley said.
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Washington, Nov 7: Outgoing US President Joe Biden on Thursday vowed to ensure a peaceful and orderly transfer of power to President-elect Donald Trump in January and appealed to the people to accept the election results for the White House.
Biden made the comments during an address to the nation a day after Trump, 78, was re-elected as the 47th president of the US after defeating Vice President Kamala Harris, the Democratic Party's nominee.
Biden said he spoke with Trump and also with Vice President Harris, who he said ran an inspiring campaign.
Trump, who had lost the 2020 elections to President Biden, won this time both in terms of popular votes and electoral college votes.
“Yesterday, I spoke with President-elect Trump to congratulate him on his victory. I assured him that I would direct my entire administration to work with his team to ensure a peaceful and orderly transition," Biden said in his address from the Rose Garden of the White House.
"That's what the American people deserve,” he added.
"For over 200 years, America has carried on the greatest experiment in self-government in the history of the world," he said, adding that the people vote and choose their leaders and do it peacefully.
"In a democracy, the will of the people always prevails," said Biden in his address attended by members of his Cabinet and senior administration officials.
Biden said he hoped the election could also lay to rest the question about the integrity of the American electoral system.
“It is honest, it is fair, and it is transparent. It can be trusted, win or lose. I also hope we can restore the respect for all our election workers who busted their necks and took risks at the outset,” he said.
“As they did their duty as citizens, I will do my duty as president. I'll fulfill my oath and I will honour the Constitution. On January 20th, we'll have a peaceful transfer of power here in America,” Biden said.
Rebutting criticism of his economic policy, Biden said his administration is leaving behind the strongest economy in the world.
Biden said he also spoke with Vice President Harris.
"She's been a partner and a public servant. She ran an inspiring campaign, and everyone got to see something that I learned early on to respect so much: her character... She has great character, true character,” he said.
Biden added that Harris -- who took after Biden withdrew in July-- gave her "whole heart and effort" to her presidential campaign.
"I know for some people, it's a time for victory, to state the obvious. For others, it's a time of loss," he said.
Adding that campaigns are contests of competing visions and the country chooses one or the other, Biden said, "We accept the choice the country made."
"You can't love your country only when you win. You can't love your neighbour only when you agree,” Biden said.
His remarks are seen as an attempt to heal a country that appeared divided into two groups after the results of the bitterly contested presidential election were out.
"I know people are still hurting, but things are changing rapidly. Together, we've changed America for the better. Now we have 74 days to finish our term. Let's make every day count. That's the responsibility we have to the American people,” he said.
Noting that setbacks are unavoidable, he said that giving up is "unforgivable".
"We all get knocked down. But the measure of our character, as my dad would say, is how quickly we get back up. Remember, a defeat does not mean we are defeated. We lost this battle. The America of your dreams is calling for you to get back up,” he said.
“That's the story of America for over 240 years and counting. It's a story for all of us, not just some of us," he said, adding that the American experiment endures.
"We're going to be okay, but we need to stay engaged. We need to keep going. Above all, we need to keep the faith,” Biden said.