5 Reasons Why “Constitution Murder Day” is an Unconstitutional Tragedy !

Words Rusen Kumar

The inauguration of the 18th Lok Sabha saw a remarkable focus on the Indian Constitution, as prominent leaders highlighted its significance. Rahul Gandhi, Leader of Opposition in Loksabha a member of the India Alliance, and 3rd term Prime Minister Narendra Modi both emphasized the Constitution in their speeches. However, the recent declaration of June 25 as “Samvidhan Hatya Diwas” (Constitution Murder Day) by the Union government has sparked a debate on its constitutionality and relevance.

The declaration of June 25 as Constitution Murder Day, commemorating the Emergency imposed in 1975, has been met with controversy. While the atrocities committed during the Emergency are undeniable, the government’s decision to designate a day for the “murder of democracy” raises critical constitutional and legal questions.

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Notification Declaring “Samvidhaan Hatya Diwas”

On July 11, 2024, the Ministry of Home Affairs issued a notification declaring June 25th as “Samvidhaan Hatya Diwas” (संविधान हत्या दिवस). This notification aims to commemorate the events during the Emergency period in 1975 and to acknowledge the impact it had on the Indian populace.

Context

On June 25, 1975, a state of Emergency was declared by the government. This period was marked by significant restrictions on civil liberties, suspension of democratic processes, censorship of the press, and widespread arrests of political opponents. The government’s actions during this time led to numerous instances of oppression and violations of constitutional rights.

Details of the Notification

The notification, identified as F. No. 17015/53/2024-IS-I, specifies the government’s decision to honor those who faced and fought against the abuses of power during the Emergency. It underscores the importance of remembering this period and ensuring that similar abuses do not recur.

Joint Secretary G. Parthasarathi, Ministry of Home Affairs who issued the 2 pages notification, stated:

“The Government of India declares June 25 as ‘Samvidhaan Hatya Diwas’ to pay tribute to all those who faced and fought against the gross abuse of power during the Emergency. It also aims to recommit the people of India to never support such gross abuse of power in the future.”

जबकि, 25 जून, 1975 को आपातकाल की घोषणा की गई थी, तत्पश्चात उस समय की सरकार द्वारा सत्ता का घोर दुरुपयोग किया गया और भारत के लोगों पर अत्याचार और अत्याचार किये गए।;

और जबकि, भारत के लोगों को भारत के संविधान और भारत के मजबूत लोकतंत्र पर दृढ़ विश्वास है;

इसीलिए, भारत सरकार ने आपातकाल की अवधि के दौरान सत्ता के घोर दुरुपयोग का सामना और संघर्ष करने वाले सभी लोगों को श्रद्धांजलि देने के लिए 25 जून को “संविधान हत्या दिवस” घोषित किया है और भारत के लोगों को, भविष्य में, किसी भी तरह से सत्ता के घोर दुरुपयोग का समर्थन नहीं करने के लिए पुनः प्रतिबद्ध किया है।

जी पार्थसारथी, संयुक्त सचिव G. PARTHASARATHI, Jt. Secy.

Historical Context of the Emergency

On June 25, 1975, Prime Minister Indira Gandhi, under the provisions of Article 352, advised the President to declare a state of Emergency. This move, which lasted 21 months, led to the suspension of fundamental rights, detention of political opponents, and censorship of the press. While these actions were anti-democratic, they were carried out under the constitutional framework existing at that time.

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Evils Do Not Define Us

I belive that evils do not define a person or society; rather, they are opportunities for growth and improvement. Every individual and community faces challenges and negative influences, but these do not constitute their essence. Instead, the response to such adversities shapes true character. By recognizing and addressing evils, a person or society can foster resilience, moral strength, and progressive change.

The journey of overcoming these challenges is a testament to the inherent potential for goodness and the unwavering pursuit of a better future. Thus, evils are not definitive but are catalysts for positive transformation.

Should we celebrate Failure, Injustice, and Evil?

Should we celebrate failure, injustice, and evil? The notion of celebrating such negative aspects seems counterintuitive. Failure, though often seen as a stepping stone to success, should not be glorified in itself but rather the lessons learned from it. Injustice and evil, on the other hand, are harmful and destructive forces that should be condemned and rectified, not celebrated.

Embracing and celebrating the positive, ethical, and just actions in society fosters growth, harmony, and progress. Celebrating negative aspects risks normalizing them and detracting from efforts to build a better and fairer world.

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The Dangers of Anti-Constitutional and Anti-Democratic Actions

Anti-constitutional and anti-democratic actions strike at the very heart of a just and free society. The constitution and democratic principles are designed to safeguard individual rights, ensure fair governance, and provide a framework for peaceful coexistence and progress.

When these foundations are undermined, the consequences are far-reaching and destructive. Anti-constitutional acts erode the rule of law, creating a climate of uncertainty and fear. Similarly, anti-democratic behaviors suppress the voice of the people, stifling dissent and perpetuating inequality. These actions not only harm current generations but also jeopardize the future stability and prosperity of a nation.

It is crucial for citizens to remain vigilant and proactive in defending these principles, recognizing that the health of a democracy relies on the collective commitment to uphold its values and institutions. By fostering a culture of respect for constitutional and democratic norms, we ensure a resilient, fair, and inclusive society for all.

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Why “Constitution Murder Day” is an Unconstitutional Tragedy

In his recent article published in the Times of India, K. Chandru, a retired judge of the Madras High Court, argues that this declaration is itself unconstitutional for several reasons.

Here are five key points that I observed highlighted by K. Chandru:

1. Misuse of Executive Power

K. Chandru argues that the declaration of “Constitution Murder Day” is an example of the misuse of executive power.

The original Emergency was declared under Article 352 of the Constitution, a legitimate use of constitutional provisions, even if the actions taken during the Emergency were widely criticized.

By declaring the day as “Constitution Murder Day,” the current government is effectively disowning a constitutionally valid action taken by a previous government, creating a dangerous precedent of political misuse of historical events.

2. Judicial Endorsement of Emergency Actions

The actions taken during the Emergency, although controversial, were upheld by the Supreme Court.

During the Emergency, habeas corpus petitions were filed, and the Supreme Court upheld the government’s suspension of fundamental rights. Declaring the day as “Constitution Murder Day” undermines the judiciary’s authority and the principle of judicial review.

It suggests that the judiciary’s endorsement of the Emergency’s legality is being retroactively nullified by an executive notification, which is not within the executive’s constitutional powers.

3. Historical and Legal Validity

The Emergency, declared by the then President on the advice of Prime Minister Indira Gandhi, was legally valid at the time.

There was no constitutional requirement for judicial review or parliamentary approval of the Emergency proclamation. The government’s current stance overlooks the historical and legal context of the Emergency, which, although controversial, was a constitutionally sanctioned action.

By labeling it as “murder,” the government is disregarding the complex legal and historical realities of the time.

4. Inconsistency with the 42nd and 44th Amendments

The 42nd and 44th Amendments to the Constitution reflect the legal changes and continuities from the Emergency period.

The 42nd Amendment, passed during the Emergency, introduced significant changes, including the addition of the words “socialist” and “secular” to the Preamble. The subsequent 44th Amendment, while reversing some Emergency provisions, retained others. The current government’s notification declaring June 25 as “Constitution Murder Day” ignores these amendments’ ongoing legal validity, which were themselves products of the constitutional process.

5. Politicization of Historical Events

The declaration of “Constitution Murder Day” is seen as a politicization of historical events for contemporary political gains.

K. Chandru argues that while political parties may observe themed days, it is inappropriate for the government to use executive notifications to rewrite or reinterpret history. Such actions undermine the apolitical nature of constitutional governance and reduce the Constitution to a tool for political maneuvering. This politicization risks creating divisions and undermining public trust in the constitutional framework.

Final Words

While the Emergency period remains a dark chapter in India’s democratic history, the declaration of Constitution Murder Day raises significant constitutional and legal concerns. Rather than politicizing the past, the focus should be on reinforcing democratic institutions and ensuring that such abuses of power do not recur. Upholding the Constitution’s integrity and fostering a robust democratic culture is the best tribute to those who suffered during the Emergency.

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About the Author

Rusen Kumar is the managing editor at India CSR.

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