Indian democracy has been raped twice and both by the Gandhi dynasts.

First, when Indian was about to get Independence, it was decided among Congress that all Pradesh Congress Committee heads (at that time 15 in number) would vote and choose the PM of India. In the elections, Sardar Patel got 12 votes, Nehru ZERO. But Gandhiji pressurized Patel to withdraw his candidature and Nehru became the PM. Gandhiji did not do this willingly or happily, and was killed thereafter, but this changed the course of Indian future. Is this not a rape of democracy?

Second The Allahabad High Court declared the election of Mrs. Indira Gandhi illegal violative of Representation of Peoples Act, 1951. She could not be a MP and hence she had to vacate the post PM.

24th June 1975: She appealed against the judgement in Supreme Court, but Supreme Court denied any relief. But, Supreme Court did one mistake, SC allowed her to continue as PM for time being. On the night of 24th June 1975, Emergency was proclaimed using article 352 of Indian Constitution. Today after the 44th Amendment it is very tough to declare and sustain an emergency, at that time it was very easy.

What happened during the emergency?

  1. Most political leaders were jailed using MISA. The full form of MISA is Maintenance of Internal Security Act but people call it “Maintenance of Indira and Sanjay Act”. Due to this, all opposition leaders were put in Jail.
  2. With Opposition absent in Lok Sabha and Rajya Sabha, she passed the dreaded 39th and 42nd Amendments of Indian Constitution.

Though Most of the provisions of 39th and 42nd Amendments were reverted by the Moraraji Desai Govt by passing 43rd and 44th Amendments, some remnants are still there.

What are the highlights of the 39th and 42nd Amendments?

  1. The Prime Minister was given full immunity. The PM can rape, loot or do anything but there can no criminal proceeding against him.
  2. If a person enters the office of PM, even if (s)he has won elections by booth capturing his/her elections cannot be challenged.
  3. The Power of Judiciary was greatly weakened. SC and HC could not review the laws passed by the Govt. even if they destroy the Parliament, Courts and any institution.
  4. The term of State Legislature and Lok Sabha was changed to six years instead of five.

In nutshell, She intended to destroy democracy using emergency by passing the 39th and 42nd amendments.

Though the amendments have been mostly reverted, some of the injuries still remain. The major one is the Article 323A and 323B which introduce tribunals where the judges are appointed by Govt, that means Govt will be judge in parties where it is the litigant.

As we can see, the damages from the second instance was very easily undone, but India is still suffering for the first instance.

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