How Congress Government misused the Article 356


How Congress Government misused the Article 356

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For decades, congress is misusing the emergency power thereby demolishing the country situation. That means, the rule of law is being undermined by the ruling party.

Our nation has been subject to the President's Rule multiple times since 1950. approximately twice per year! In addition, the President's Rule has been arbitrarily imposed on a few occasions for political or personal reasons by congress party. 

To control the influence in India, Indira gandhi in ancient times has used the emergency power in a wrong way.

Congress party is arbitrarily using emergency powers without any reason and that’s why after decades, people loses trust in the ruling party and hence led the indian economy set behind with other countries. If they don’t misuse it, then India will be the world largest economy.

Now the statement arises, what exactly is emergency power and how it is used?

The term "emergency" refers to a situation that arises out of the blue and necessitates immediate action on the part of public authorities under their respective authority. The breakdown of the administrative machinery that prompts or enables the government to respond rapidly is what causes an emergency. In the event of an emergency, the President possesses the following extraordinary powers:

  • Emergency in the Nation (Article 352)
  • Rule of the President (Article 356)
  • Critical financial situation (Article 360)

Talking about article presidential rule, if the President is satisfied, based on a report from the Governor of the State or other evidence, that a situation has occurred in which the State's government cannot function normally, he may issue a proclamation declaring a state of emergency in accordance with Article 356.

"Proclamation on account of the failure (or breakdown) of constitutional machinery" refers to the President's declaration of an emergency in such a circumstance.

When looking at the number of times a single prime minister has imposed article 356, three of the first four are central governments led by Congress. The article was imposed by Indira Gandhi more than anyone else. 

It was imposed on states fifty times. Manmohan Singh and Narashima Rao come in a distant fourth and fifth place, respectively, with 12 and 11 instances of Article 356 being imposed. With 15 times the article imposed, Moraji Desai comes in third. 

Let’s see the journey of congress party that abused the constitution in the preceding years to advance its political agenda:

Kerala, 1959

Even though Communist Chief Minister EMS Namboodiripad had majority support in the state assembly, the government was removed. The Communist Party of India became the nation's first communist government in 1957 after a narrow victory in state elections. 

The communists' education bill, which pushed for better wages and working conditions for teachers in private schools and colleges, was introduced shortly after they took power. A group of Christians who owned a lot of the state's schools were furious about this.

Orissa, 1980

On June 26, 1977, Nilomani Routay of the Janata party became the Chief Minister in one of the most bizarre examples of democracy subversion. Nilomani Routray was the Chief Minister of Odisha at the time. The leader of the Congress legislature party, Chintamani Panigrahi, assumed the position of opposition leader. In 1978, the Congress split into two factions: the Indian National Congress (I) and the Congress (U).

Even though the Janata Party's faction was renamed the Lok Dal legislature party, no vote of confidence was taken against it. Despite this, governor Bhagwat Dayal Sharma dissolved the assembly and put the state under presidential rule. Despite the fact that the Janta Party had the numbers despite being divided, all factions supported the current government.

Following this, Congress (I) won 118 of the state's 147 Assembly constituencies in the subsequent election.

Andhra, 1954

On October 6, 1953, a Congress government led by T. Praksam (Congress) was sworn in after the linguistics-based creation of the State of Andhra. The government was forced to resign through a no-confidence motion on prohibition issues after a series of defections from the ruling party failed the house's confidence test. On November 15, 1954, the governor, Trivedi, made the decision that there was no possibility of a stable government without consulting or deliberating with other stakeholders.

Karnataka, 1989

S.R. Bommai, the Janata Dal Chief Minister, led one of the two Janata Dal governments that ruled Karnataka from 1985 to 1989. Ramakrishna Hegde's (JD) government, which came after S.R. Bommai's, was toppled from power after A.N. Banerjee, the governor at the time, suggested presidential rule. Following that, Bommai served as the Chief Minister when the Janata Dal once more regained power. In 1989, the Bommai government was again reduced to a minority, and Governor A.N.Banerjee dismissed the government once more.

The Congress people also overthrew the governments in Tamil Nadu of veterans like MGR and Karunanidhi. Sharad Pawar's government was also overthrown. We are aware of what happened to NTR while he was receiving treatment in the United States and when his government was attempted to be overthrown. This was Congress's political level. 

Some individuals were dissatisfied with the names of government programs and their incorporation of Sanskrit words. The Gandhi-Nehru family was mentioned on 600 government program

Up until 1959, the government of Jawaharlal Nehru used Article 356 six times. Then, in the 1960s, it was used 11 times, and Indira Gandhi used it seven times between 1967 and 1969 after becoming president.

Highlighted judgement of indira gandhi by Allahabad High Court

“One of the factors that led to the imposition of the Emergency was the verdict that the Allahabad High Court handed down on June 12, 1975, convicting then-Prime Minister Indira Gandhi of electoral malpractices and preventing her from holding any elected position.

In 1971, Indira Gandhi defeated socialist leader Raj Narain to win the Lok Sabha seat of Rae Bareli in Uttar Pradesh. Later, Raj Narain challenged her victory, claiming that her campaign had violated the Representation of the People Act of 1951. 

It was alleged that Yashpal Kapoor, her election agent, worked for the government and that she used government employees for personal work related to the election. “

“It is interesting to note that Indira Gandhi imposed the Emergency the very next day, suspending all fundamental rights, imprisoning opposition leaders, and censoring the media.

The Congress government made arguments based on threats to national security and the recently concluded war with Pakistan. Despite the fact that many members of the party were still opposed to the idea of declaring a state of emergency, a few loyalists, including the then-West Bengal chief minister Siddhartha Shankar Ray, advised Indira Gandhi to proceed with the action. 

According to historians, Sanjay Gandhi, the prime minister's younger son, was in favor of his mother's declaration of the Emergency because he had also developed into a supporter of "extra-constitutional" measures.”

That is basically the judgement imposed by high court on Indira gandhi

Last but not the least, I am here to conclude that after seeing the history of congress party for misusing emergency power, Indira Gandhi was the worst prime minister who has demolished and destroy the Indian economy growth, development, peace and harmony of the society

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