Coomi Kapoor: Everyone who succumbs to authority is no less guilty

Most commemorate the Emergency on June 26 as a reminder of the bleak 21 months when democracy was derailed. Actually, the Emergency came into effect on June 25 at 11.45 pm when then President, Fakhruddin Ali Ahmed, signed the proclamation, even though he was alerted by his secretary that it would be constitutionally untenable. The president is expected to act only on the advice of the council of ministers. Indira Gandhi’s cabinet met the next day at 6 am as a formality.

President Ahmed was the first in a chain of constitutional authorities and autonomous institutions in our democracy that caved in, betraying their oath of office and abandoning professional integrity. While holding Mrs Gandhi, Sanjay and his henchmen guilty for the Emergency, we generally forget to apportion blame to the others who succumbed when push came to shove. Mrs Gandhi’s cabinet fell in line without a murmur. In Parliament, the entire Congress party, barring two expelled dissidents, meekly raised hands to approve, not just the Emergency proclamation, but several illegal laws. Mrs Gandhi demonstrated her contempt for Parliament by doing away with Question Hour and Calling Attention Motions, declaring that henceforth only important government business would be transacted.

The record of the courts, a major pillar of any democracy, was not quite as dismal. Nine high courts had the courage to strike down the draconian Maintenance of Internal Security Act (MISA), as being ultra vires the Constitution. (Thousands were detained under MISA during the Emergency). Most of these brave judges were later penalised. But when the habeas corpus writ came in appeal to the Supreme Court (ADM Jabalpur vs S Shukla) the senior-most judges of the land let down the country. Of the five-judge bench, four upheld the Attorney General’s argument that a person has no legal rights, not even to be produced before the court or be informed of the reasons for his detention, as long as an Emergency is in force. The blemished four included two who projected themselves as champions of human rights and civil liberties. The sole dissenter, Justice H R Khanna, threw away his chance to be the next chief justice… read more:

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