New Delhi: 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.
“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.