During Parliament’s winter session, PM Modi defended judicial independence amid Congress accusations of government interference. He referenced Justice Hans Raj Khanna’s dissent during the Emergency, criticizing Congress for past constitutional violations while asserting his administration respects democratic values. The debate emphasizes the ongoing need to protect the Constitution against political misuse, recalling Khanna’s legacy of judicial courage.
New Delhi: The winter session of Parliament witnessed fiery exchanges on Saturday as the ruling and opposition parties debated the Constitution. Amid accusations from the Congress about alleged interference by the central government in the judiciary, Prime Minister Narendra Modi turned the tables by recounting historical instances where the Congress allegedly violated constitutional principles.
PM Modi specifically referred to the case of Justice Hans Raj Khanna, who was sidelined during the Emergency imposed by then Prime Minister Indira Gandhi.
“The Congress party’s habit of twisting the Constitution is well-known, and Justice Khanna’s case is a glaring example,”
Modi said, taking aim at the opposition.
The Case That Shook the Judiciary: ADM Jabalpur vs. Shiv Kant Shukla
During the Emergency from 1975 to 1977, one of the most controversial legal battles in India’s history—‘ADM Jabalpur vs. Shiv Kant Shukla’—came before the Supreme Court. The case centered on whether citizens retained fundamental rights, such as the right to life and liberty, during the Emergency when these were suspended.
The five-member constitutional bench delivered a 4-1 verdict, ruling in favor of the government. Chief Justice A.N. Ray, Justice M.H. Beg, Justice Y.V. Chandrachud, and Justice P.N. Bhagwati supported the government’s stance, effectively holding that fundamental rights could be considered suspended during the Emergency.
Justice Hans Raj Khanna, however, dissented. He maintained that even during the Emergency, the right to life and liberty could not be denied to citizens. His dissenting opinion became a landmark in Indian legal history, symbolizing judicial independence and courage in the face of authoritarianism.
Indira Gandhi’s Response: The Chief Justice Controversy
After the Emergency was lifted in 1977, the senior-most judge of the Supreme Court, Justice Hans Raj Khanna, was next in line to become the Chief Justice of India. According to tradition, the senior-most judge is appointed as the Chief Justice. However, Indira Gandhi bypassed Justice Khanna for his dissent during the Emergency. Instead, she appointed Justice M.H. Beg, a junior judge, as the Chief Justice.
This move was widely criticized as an attempt to punish Justice Khanna for his principled stand against the government. In protest, Justice Khanna resigned from his position.
“Justice Khanna’s principled dissent came at a personal cost,”
PM Modi highlighted during his speech, accusing the Congress of undermining the judiciary for political gains.
PM Modi’s Counter to Congress’ Allegations
The Congress, along with other opposition parties, has recently accused the central government of interfering with the judiciary. These allegations gained traction after PM Modi’s visit to then-Chief Justice of India (CJI) DY Chandrachud’s residence during Ganesh Puja, which opposition leaders claimed reflected undue proximity.
In response, Modi used the Constitution debate as an opportunity to draw attention to the Congress’ own history of influencing the judiciary.
“The Congress party questions judicial independence today, but it has a long history of undermining it,”
Modi said, referencing the Emergency period and the sidelining of Justice Khanna.
Emergency and the Suppression of Fundamental Rights
The Emergency, declared by Indira Gandhi in 1975, is often regarded as a dark chapter in Indian democracy. Fundamental rights were suspended, press freedom was curbed, and political opponents were jailed without trial.
PM Modi used this context to argue that the Congress has historically manipulated constitutional provisions for political survival.
“The Congress imposed the Emergency and turned the Constitution into a tool for its own benefit,”
he said, pointing out how Justice Khanna’s dissent was stifled.
Congress on the Defensive
The Congress has yet to respond directly to PM Modi’s remarks on Justice Khanna. However, the party has consistently criticized the central government for allegedly compromising constitutional institutions, including the judiciary. Opposition leaders argue that the independence of the judiciary is under threat due to the BJP’s actions.
Despite the heated exchanges, PM Modi maintained that his government respects the judiciary and adheres to constitutional values. He emphasized that past mistakes must not be repeated and called for safeguarding the Constitution against misuse.
A Lesson from History: Justice Khanna’s Legacy
Justice Hans Raj Khanna’s dissent in the ADM Jabalpur case remains a landmark in Indian legal history. His principled stand is often cited as an example of judicial courage and independence. By recounting this incident, PM Modi sought to underscore the Congress’ alleged pattern of constitutional violations while projecting his government as a guardian of democratic values.
“The Constitution is not just a document; it is the foundation of our democracy. We must respect it and ensure it is never used for political gain,”
Modi said in his concluding remarks.
Conclusion: Safeguarding Constitutional Values
As the winter session of Parliament continues, the debate on the Constitution has reignited discussions on judicial independence and the role of political parties in upholding democratic principles. PM Modi’s speech, laden with historical references, serves as both a critique of the Congress’ past actions and a call for safeguarding constitutional values in the future.
Justice Hans Raj Khanna’s story remains a stark reminder of the importance of judicial independence and the courage required to uphold the rule of law, even in challenging times.
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