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EDITORIAL

Letters to The EDITOR

Who will Protect
our Constitution?

The Modi hatao brigade, including all opposition and Christian religious priests, ignoring the separation of religion and politics, has come together to save and rescue our country and its Constitution from the BJP. But the opposition, especially the Congress, believes that the BJP has destroyed our Constitution and is overzealous to protect and save it from this party.
 
These people, especially the Congress, should try to realize how Mrs Indira Gandhi tried to destroy the basic feature of our Constitution.  When in 1975 the Allahabad High Court invalidated the election of Mrs Gandhi, she immediately brought the 39th Amendment, 1975 and inserted a new Article – 329A – providing that “the election of a person who holds the office of a Prime Minister at the time of such election to the Lok Sabha can be challenged only before such a body or forum as may be established by Parliament by law” and “the validity of any such law creating a forum and decision of any authority or body under such law shall not be called in question in any court”. It also provided that where any such person is appointed a Prime Minister while an election petition in respect of his election is pending, such petition shall abate upon such person being appointed as Prime Minister. The provision of this Article was declared unconstitutional by the Supreme court. It also amended Article 368 by adding two new Clauses, 4 and 5, to limit the power of the judiciary. Thus Clause 4 provided that “no constitutional amendment made under Article 368 shall be called in question in any court on any ground”. Clause 5 provides that “for removal of doubts, it is declared that there should be no limitation whatever on  the constitutional power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution” and paved the way for Congress dictatorship by depriving the Supreme Court of the most important basic feature – judicial review. The Congress empowered itself to destroy our Constitution. By assuming overall power to amend the Constitution, the Congress intended to reshape it according to its sweet will without restriction. The Supreme Court, nevertheless, struck down the amendment in the Indira Gandhi vs Raj Narayan case.
Paramananda Bora,
Bhetapara, Guwahati.

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Ankur Kalita