VP Dhankhar slams Supreme Court over Emergency-era verdict, says darkest in judicial history
New Delhi, Jun 20 (PTI): Vice President Jagdeep Dhankhar on Friday slammed the Supreme Court for its verdict delivered during the Emergency, dubbing it as the "darkest" in the judicial history of the world.
According to an official statement, he said the judgment of the Supreme Court overruling that of nine high courts legitimised dictatorship and authoritarianism.
Dhankhar also questioned the then president Fakhruddin Ali Ahmed for signing the proclamation of Emergency on the "instance" of then prime minister Indira Gandhi and not the entire council of ministers.
Addressing a group of Rajya Sabha interns here, the vice president said, "A president cannot act on the advice of an individual, the prime minister. The Constitution is very categorical.
"There is a council of ministers headed by the PM to aid and advise the president. This was one violation, but what was the result? More than 1,00,000 citizens of this country were put behind bars in hours," he said.
Referring to the role of the judiciary during the Emergency, Dhankhar said, "That was a time when the fundamental essence of democracy capsized in times of distress. People look up to the judiciary.
"Nine high courts in the country have gloriously defined that emergency or no emergency, people have fundamental rights and there is access to the justice system. Unfortunately, the Supreme Court overturned all nine high courts and gave a judgment which will be the darkest in the history of any judicial institution in the world that believes in the rule of law," he further said.
Dhankhar pointed out that the decision was that "it is the will of the executive to have Emergency for as much time as it thinks fit".
In the 1976 ADM Jabalpur case, a five-judge Constitution bench, by a majority of 4-1, upheld the suspension of fundamental rights during the national emergency.
The majority verdict of the then chief justice of India A N Ray and Justices M H Beg, Y V Chandrachud and P N Bhagwati held that the right to seek legal remedy for violations of Article 21 was suspended during the Emergency.
Justice H R Khanna dissented and held that the right to life and liberty is inherent and not merely a gift from the Constitution.
The top court also ruled that during an Emergency, there are no fundamental rights.
"So the judgment of the Supreme Court legitimised dictatorship, authoritarianism and despotism in this land," Dhankhar said.
The vice president said the present government has "wisely" decided to observe June 25 every year as 'Samvidhan Hatya Diwas'.
Emergency remained in force between June 25, 1975 and March 21, 1977.
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AIITA welcomes Karnataka’s ban on obscene songs in school events
Bhatkal: The Karnataka unit of the All India Ideal Teachers Association (AIITA) has welcomed the Karnataka government’s decision to strictly ban school children from dancing to obscene songs during educational and cultural programmes in government, aided, and private schools across the state.
AIITA Karnataka State President M. R. Manvi congratulated the government for taking what he termed an important step to preserve the sanctity of education.
“Such decisions to safeguard the dignity of school children and uphold the values of education are the need of the hour. This rule should not be limited to government schools alone but must be strictly implemented in all private educational institutions as well,” he said.
He further urged the government to address other concerns within school programmes.
“The government should not only prohibit obscene dances in the name of school anniversaries, but also ensure that plays and dialogues that incite religious hatred are avoided. Schools should be centres of harmony, not platforms for spreading hatred,” he added.
According to a recent circular issued by the Department of School Education and Literacy, obscene dances are adversely affecting the mental health and moral values of students.
In this regard, schools have been advised to use songs that promote nationalism, positive thinking, the greatness of Kannada culture, and value-based traditions instead of inappropriate content during programmes.
The circular also emphasises that students should be dressed in decent attire.
AIITA also backed the department’s warning that disciplinary action would be taken against head teachers if such guidelines are violated. The association has further demanded that district Deputy Directors of Public Instruction strictly monitor the implementation of these rules.
