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Arun Jaitely Says Indira Gandhi Was No Different Than Hitler

The BJP leader said the 42nd Amendment diluted the power of High Courts to issue writ petitions

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Harsh Penal Proceedings For Illegal Swiss Bank Deposit Holders: Arun Jaitely
Harsh Penal Proceedings For Illegal Swiss Bank Deposit Holders: Arun Jaitely. flickr
Indira Gandhi Imposed Emergency. Flickr
Indira Gandhi Imposed Emergency. Flickr

Union Minister Arun Jaitley on Monday compared former Prime Minister Indira Gandhi, who imposed Emergency, to Hitler, stating that both used the Constitution “to transform democracy into dictatorship”. Jaitley, whose second blog of a three-part series coincided with the 43rd anniversary of imposition of the Emergency, also noted that unlike the German dictator, Gandhi went ahead to transform India into a “dynastic democracy”.

“Both Hitler and Gandhi never abrogated the Constitution. They used a republican Constitution to transform democracy into dictatorship,” he said. The BJP leader said Gandhi imposed Emergency under Article 352, suspended fundamental rights under Article 359 and claimed that disorder was planned by the opposition.

Jaitley said Hitler, who became the German Chancellor on January 30, 1933, got his President to invoke Article 48 of the country’s Constitution which gave emergency powers for the “protection of people in the State”. “The decree giving emergency powers put restrictions on personal liberty, free speech… The pretext for imposition of Emergency was that on February 27, 1933, German Parliament House, known as ‘Reichstag’, had been set on fire.

“Hitler claimed that it was a communist conspiracy to burn Government buildings and museums. Thirteen years later, in the Nuremberg trials, it was established that Reichstag fire was the handiwork of Nazis and Goebbels had conceived it.” He said Hitler arrested most opposition MPs.

“Indira Gandhi arrested most opposition MPs and, therefore, procured, through their absence, a two-third majority of members present and voting and enabling the passage of several obnoxious provisions through Constitution amendments,” Jaitley said.

The BJP leader said the 42nd Amendment diluted the power of High Courts to issue writ petitions, “a power which Dr. (B.R.) Ambedkar had said was the very heart and soul of India’s Constitution”. “They also amended Article 368 so that a Constitution amendment was beyond judicial review. There were a few things that Hitler did not do which Gandhi did.

 

“She prohibited the publication of Parliamentary proceeding in the media. The law which gave mandate to the media for publishing Parliamentary proceedings was popularly known as the Feroze Gandhi Bill,” he said. Since Hitler’s own election has been set aside, he had no change to make in this regard.

Also read: ‘1984 riots shut our doors to a better life’ (October 31 is the 32nd anniversary of Indira Gandhi’s assassination)

“Gandhi amended both the Constitution and the Representation of People Act. The Constitution amendment made the election of the Prime Minister non-justiciable before a court. “The Representation of People Act was retrospectively amended to insert those provisions so that the invalid election of Gandhi could be validated by changes in law.” He said amendments to the constitution made during Emergency were later reversed by the Janata Party government. (IANS)

Next Story

US President Donald Trump Declares Emergency to Fund Border Wall on Mexican Border

While government was under a shutdown with all but the essential services operating and 800 government employees under temporary layoff, Trump scaled back his idea of a wall to a series of metal slats along the border

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U.S. President Donald Trump is seen through his transparent teleprompter as he speaks during the Missile Defense Review announcement at the Pentagon in Arlington, Virginia, U.S., January 17, 2019. VOA

President Donald Trump declared a State of Emergency on Friday to fund his campaign promise of building a wall on the Mexican border after the Congress resolutely refused to give him the money he wanted.

Trump backed away from his threat to again shutdown the government if the legislature did not vote $5.7 billion for the border wall and approved the bipartisan funding bill without the allocation, and instead resorted to the Emergency.

He cited the drug-smuggling problems and the “15,000” people who came to the border in convoys from Central America and are camped there hoping to cross the frontier, as reasons for his Emergency.

Unlike in India, an Emergency of the type that Trump is planning does not bring sweeping powers or allow suspension of civil rights and arbitrary arrests, but only enables limited action in government operations.

House Speaker Nancy Pelosi and the Democratic Party’s leader in the Senate, Chuck Schumer, declared that imposing an Emergency would be “a lawless act, a gross abuse of the power of the presidency”.

Pelosi said that challenging the Emergency in court was an option.

Trump
President Donald Trump talks with reporters on the South Lawn of the White House before departing for the American Farm Bureau Federation’s 100th Annual Convention in New Orleans, Jan. 14, 2019, in Washington. VOA

Announcing the Emergency at the White House, Trump said that he expected a cases to be filed in a federal court with judges favouring the Democrats which he would lose and a subsequent appeal, but would ultimately prevail in Supreme Court.

Trump also called on the Democrats to work with him on broad immigration reforms that would include ending immigration of relatives of citizens, but move towards a merit-based preference for immigrants.

Congress passed the bill on Thursday with $1.375 billion for a 55-mile fence, nowhere near the $5.7 billion Trump had demanded for the wall along the Mexican border that he had promised during his election campaign.

The measure was hammered out by lawmakers from both parties after Trump allowed the government to reopen after a 35-day shutdown in a showdown over the wall funding.

Trump had threatened to veto any bill without the money he demanded for the wall, but is now agreeing to it while making good on his threat to impose an Emergency to get money for the wall.

Calling the Emergency a “presidential over-reach” and “a dangerous precedent”, Democratic Party Representative Raja Krishnamoorthi said: “The Constitution maintains that only Congress has the power of the purse and may appropriate funds. This is not a Constitutional power any President has.”

Pelosi said a legal challenge was “an option and we’ll review our options”.

Several lawmakers from Trump’s own party were against an Emergency declaration. Republican Senator John Cornyn called it a “dangerous step”, saying: “The President is going to get sued and it won’t succeed in accomplishing his goal.”

Trump, U.S.
Donald Trump. VOA

He added that if Pelosi introduces a resolution against the Emergency, it will split the Republicans.

According to media reports quoting the White House officials, Trump plans to spend a total of $8 billion on the border barrier. While there is $1.375 billion allocated in the spending bill, he wants to make up the rest by diverting money from the military construction budget and funds seized from drug smugglers and dealers.

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Trump had said during his election campaign that he would make Mexico pay for the border wall – an unrealistic claim that has continued to haunt him as he sought funding in the US budget.

While government was under a shutdown with all but the essential services operating and 800 government employees under temporary layoff, Trump scaled back his idea of a wall to a series of metal slats along the border.

Having had to back down from his funding demand with Pelosi standing firm amid growing opposition to the shutdown, Trump sees the Emergency as the only way for him to build his barrier and save his credibility among his most steadfast supporters. (IANS)