• About us
  • Careers
  • Brand Partnerships
TFI Official Merchandise
TFI हिन्दी
TFI Global
Saturday, August 13, 2022
TFIPOST
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Once a leader in baby products, why is ‘Johnson & Johnson’ shutting down?

    Once a leader in baby products, why is ‘Johnson & Johnson’ shutting down?

    Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

    Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

    Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

    Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

    Mamata’s government is on borrowed time

    Mamata’s government is on borrowed time

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

    Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

    Musk dumping Tesla shares

    Elon Musk is Done!

    textile industry

    Indian textile sector can grow at the expense of China’s textile sector

    Chinese companies may quit India altogether. Bon voyage!

    Chinese companies may quit India altogether. Bon voyage!

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Indian Ocean India

    Indian Ocean is finally India’s own

    Indian navy

    Indian Navy will soon be a force to reckon with

    PNS Alamgir

    Pakistan’s ‘PNS Alamgir’ narrowly missed meeting the fate of ‘PNS Ghazi’

    In global defence market, Tejas is top-shelf stuff

    In global defence market, Tejas is top-shelf stuff

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Tu-160

    India gets Russia’s lethal ‘White Swan’

    truce commission

    Only PM Modi can save the world, says Mexican President

    ambassador china

    Four Ambassadors Dead in China – Did China “fry” their brains off?

    Bangladesh India

    India has treated Bangladesh with kid gloves all this while, the policy needs a rejig

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • History
    • Indology
    Vikram Sarabhai- The man who foresaw space commercialisation; died a mysterious death

    Vikram Sarabhai- The man who foresaw space commercialisation; died a mysterious death

    Unsung Heroes: The Vohras – a family with a difference

    Unsung Heroes: The Vohras – a family with a difference

    Raksha Bandhan

    The significance of Rakshabandhan in Sanatan Dharma

    Raja Marthanda Varma

    Battle of Colachel: The untold victory of Raja Marthanda Varma that threw out the Dutch from India forever

    • Culture
    • History
    • Indology
  • Lounge
    • All
    • Books
    • Cinema
    • Food
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

    Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

    Serena Williams- A great Tennis player but a horrible role model

    Serena Williams- A great Tennis player but a horrible role model

    Vikram Sarabhai- The man who foresaw space commercialisation; died a mysterious death

    Vikram Sarabhai- The man who foresaw space commercialisation; died a mysterious death

    Divya Kakran

    Kejriwal-led AAP’s ‘Kagaj dikhao’ demand to Divya Kakran backfires

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
  • Premium
No Result
View All Result
TFIPOST
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Once a leader in baby products, why is ‘Johnson & Johnson’ shutting down?

    Once a leader in baby products, why is ‘Johnson & Johnson’ shutting down?

    Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

    Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

    Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

    Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

    Mamata’s government is on borrowed time

    Mamata’s government is on borrowed time

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

    Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

    Musk dumping Tesla shares

    Elon Musk is Done!

    textile industry

    Indian textile sector can grow at the expense of China’s textile sector

    Chinese companies may quit India altogether. Bon voyage!

    Chinese companies may quit India altogether. Bon voyage!

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Indian Ocean India

    Indian Ocean is finally India’s own

    Indian navy

    Indian Navy will soon be a force to reckon with

    PNS Alamgir

    Pakistan’s ‘PNS Alamgir’ narrowly missed meeting the fate of ‘PNS Ghazi’

    In global defence market, Tejas is top-shelf stuff

    In global defence market, Tejas is top-shelf stuff

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Tu-160

    India gets Russia’s lethal ‘White Swan’

    truce commission

    Only PM Modi can save the world, says Mexican President

    ambassador china

    Four Ambassadors Dead in China – Did China “fry” their brains off?

    Bangladesh India

    India has treated Bangladesh with kid gloves all this while, the policy needs a rejig

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • History
    • Indology
    Vikram Sarabhai- The man who foresaw space commercialisation; died a mysterious death

    Vikram Sarabhai- The man who foresaw space commercialisation; died a mysterious death

    Unsung Heroes: The Vohras – a family with a difference

    Unsung Heroes: The Vohras – a family with a difference

    Raksha Bandhan

    The significance of Rakshabandhan in Sanatan Dharma

    Raja Marthanda Varma

    Battle of Colachel: The untold victory of Raja Marthanda Varma that threw out the Dutch from India forever

    • Culture
    • History
    • Indology
  • Lounge
    • All
    • Books
    • Cinema
    • Food
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

    Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

    Serena Williams- A great Tennis player but a horrible role model

    Serena Williams- A great Tennis player but a horrible role model

    Vikram Sarabhai- The man who foresaw space commercialisation; died a mysterious death

    Vikram Sarabhai- The man who foresaw space commercialisation; died a mysterious death

    Divya Kakran

    Kejriwal-led AAP’s ‘Kagaj dikhao’ demand to Divya Kakran backfires

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
  • Premium
No Result
View All Result
TFIPOST
No Result
View All Result

Congress has no Locus standi to question judiciary, given its past onslaughts against the Constitution.

Krishna Mohan Dubey
by Krishna Mohan Dubey
23 April 2018
in Opinions
0
congress party constitution

Express Photo By Amit Mehra

877
VIEWS
Share on FacebookShare on Twitter

Since the new BJP government came into power, a new phrase has been used over and over again –“the new government has imposed an undeclared emergency”. For the majority of Indians who are under 30, there is no frame of reference to judge the credibility of this assertion or rather argument because the present generation have a vague understanding of what an actual emergency looks like.

This is precisely why such ridiculous arguments can be made by people with agendas and get away with it. Thus, in this article the writer will try to portray a picture of the emergency that most people seem to have forgotten and it will be focused on the judiciary as in an unprecedented move, seven opposition parties have given a notice for the impeachment of the CJI Deepak Mishra.

Congress has had a complicated relationship with judiciary. It’s much like the elite political overlords rewarding their land owners with titles and accolades. The relationship of Congress party and the judiciary is one of petty patronage and devoid of any regard for neutrality of judiciary, as they have been claiming in the recent days. The recent initiative by the Congress party to pressure the judiciary into submission is very similar to the Congress approach towards judiciary right before and during the emergency.

The new Congress was then known as Congress (I) with Indira Gandhi in the leadership position went to war with judiciary in what would later be termed as one of the darkest days of Indian judiciary.  When emergency was imposed, the Congress called for a “committed judiciary”. It was as outrageous as then as it is right now. The very concept that judiciary must be committed to the Party leadership insinuates the underlying overlord mindset that was and still prevails in the Congress party.

The idea that legislature is bringing a notice which directly interferes with the working of judiciary is a rare if not completely unprecedented one. It would be wise to look back and search for precedence through the observations made by the authority on safeguarding and interpreting constitution, the Supreme Court of India.

During the emergency, Congress party enacted the 39th amendment to the constitution which put President, Vice President, Prime Minister and Speaker of Lok Sabha beyond the legal ambit of Indian courts. This amendment, introduced during the emergency, not only was an example of legislative overreach but also an attempt by Indira Gandhi to bypass courts which have been unfavourable to her regime.

Fortunately, the amendment was struck down by the Supreme Court in 1980 in the Minerva Mills vs Union of India case. To prevent further legislative infringement and to safeguard the core values of the constitution, Supreme Court reinforced the idea of ‘Basic structure doctrine’ according to which the legislature cannot amend the constitution to such an extent as to render it unrecognisable.  

The 39th amendment is demonstrative of the fact that Congress party holds the judiciary with little regard and has tried its best to undermine the judiciary time and again.

Given the shady past of Congress when it comes to safeguarding the constitutional values and upholding the independence of judiciary, it is indeed farcical that they are arguing about ‘saving the constitution’. The entirely unwarranted impeachment fiasco further emphasizes the point that Congress party holds democratic institutions with little regard and is not averse to undermining these institutions for political gains. The split among the Congress party leaders regarding the impeachment issue shows that even most of the senior Congress leaders find this charade of Congress reprehensible. That should have been the first clue for Congress party leadership as to how unwise this impeachment decision was.

Tags: CJIcongress corruptionImpeachmentIndian ConstitutionKapil Sibal
Share425TweetSend
Previous Post

Secular much? Chandrababu Naidu slowly turning Tirupati temple into piggybank for TDP.

Next Post

PM Modi asks BJP motor mouths to stop embarrassing the party.

Krishna Mohan Dubey

Krishna Mohan Dubey

Real Madrid Fan, would die without coffee. pathetically plain

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

  • Most Read
  • Comments
  • Latest
Xi Jinping, coronavirus, Shinzo Abe, china, Japan, coornavirus, COVID-19, Wuhan Virus

‘Pack up and get out of there,’ Japan to spend $2.2 billion to get Japanese companies to exit China

9 April 2020
ajay devgn karan johar

The man who bullied the Bully – How Ajay Devgn made Karan Johar’s monopoly a joke and forced him to apologize

22 June 2020
Huawei, China, Trump, USA, Xi Jinping

‘Our survival is at stake now,’ Chinese Telecom giant Huawei crumbles after US ban on Semiconductor exports

19 May 2020
T-Series Sonu Nigam Divya Khosla Kumar Bhushan Kumar

T-Series forced to take down Atif Aslam’s video, Divya Khosla trolled. T-Series has a bad day in office

25 June 2020
Meat Ban

A Jain responds to Meat Ban in Mumbai

Public Sector Bank, Government, Bill

Dear bank employees, continue your stride but PSBs will be privatized

anti-Hindi

Anti-Hindi Forever?- In search of a National Language!

Dear Liberals – your Beef Parties are not protests, they just intend to displease the Majority

Dear Liberals – your Beef Parties are not protests, they just intend to displease the Majority

Once a leader in baby products, why is ‘Johnson & Johnson’ shutting down?

Once a leader in baby products, why is ‘Johnson & Johnson’ shutting down?

13 August 2022
Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

Why boycotting Akshay Kumar’s ‘Raksha Bandhan’ makes no sense

13 August 2022
Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

Gautam Adani is now going to give Tata and Birla a tough run for money in aluminum sector

13 August 2022
Mamata’s government is on borrowed time

Mamata’s government is on borrowed time

13 August 2022

Popular This Week

BYJU’s
Analysis

BYJU’s on the road to become the next SAHARA….

by Rahul Gupta
1 July 2022
Atul Kulkarni hindu
Cinema

Atul Kulkarni – A vicious brain behind an innocent artist

by Tanya Trivedi
8 August 2022
In global defence market, Tejas is top-shelf stuff
Defense

In global defence market, Tejas is top-shelf stuff

by Rahul Gupta
7 August 2022
Oil India
Geopolitics

Russia replacing Saudi Arabia as India’s top oil supplier is giving sleepless nights to Gulf countries

by Rahul Gupta
6 August 2022
BSNL
Trending

“Quit your Sarkari Attitude or Pack Up” Ashwini Vaishnaw’s blunt warning to BSNL

by Rahul Gupta
7 August 2022

©2022 TFI Media Private Limited

  • Terms of use
  • Privacy Policy
  • Sitemap
No Result
View All Result
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
  • Premium
TFI Official Merchandise
TFI हिन्दी
TFI Global
  • About us
  • Careers
  • Brand Partnerships

©2022 TFI Media Private Limited

Follow us on Twitter

and never miss an insightful take by the TFIPOST team

Follow @tfipost