New Delhi [India], June 28 : Bharatiya Janata Party MP Nishikant Dubey on Saturday slammed the Congress and accused Indira Gandhi of "murdering" the Constitution made by Baba Saheb Ambedkar by implementing the 42nd Amendment to the Constitution, considered as the 'Mini-Constitution' because it made sweeping changes to the Constitution of India, affecting its basic structure, fundamental rights, and federal balance.
The 42nd Amendment was passed during Indira Gandhi's tenure as Prime Minister, and it has been a subject of controversy. The amendment was enacted during the Emergency period, which has been widely criticised for its impact on civil liberties and democratic institutions.
This amendment, enacted in 1976, introduced significant changes to the Constitution, including the addition of the words "socialist" and "secular" to the Preamble. It also expanded the Directive Principles of State Policy and introduced Fundamental Duties.
"The word secular is already written in the first paragraph of the Constitution; the murder of the Constitution written for Scheduled Castes and Tribes is in the blood of Congress", Nishikant Dubey's 'X' post said.
Sharing a document of the Constituent Assembly from the year 1949, the BJP MP mentioned that Dr BR Ambedkar "strongly opposed" the inclusion of socialist and secular words in the preamble of the Constitution.
He mentioned that former Indian Prime Minister Indira Gandhi murdered the Constitution by implementing the 42nd Amendment to it.
"Indira Gandhi murdered the Constitution made by Baba Saheb Ambedkar by implementing the 42nd Amendment to the Constitution. Our ideology strongly opposed the Emergency in accordance with that very amendment. This is the 1949 debate of the Constituent Assembly, Rahul Gandhi, please read it. Dr. Ambedkar not only strongly opposed the inclusion of the words socialist and secular in the Preamble of the Constitution but also rejected the amendment proposed by member K.T. Shah.", Nishikant Dubey's 'X' post read.
Furthermore, taking a dig at Congress MP Rahul Gandhi, Nishikant Dubey stated that Jawaharlal Nehru also supported Dr B.R. Ambedkar, followed by Rajendra Prasad, Jayaprakash Narayan, S. Radhakrishnan, Govind Ballabh Pant, and others.
"Your grandfather Jawaharlal Nehru also supported Ambedkar. Rajendra Prasad, Jayprakash, Radhakrishnan, Govind Ballabh Pant, Mavalankar, tribal leader Jaipal Singh, Sikh leader Bhupendra Singh, Christian leader Anthony, Muslim leader Mohammad Ismail--all opposed the inclusion of the words secular and socialist in the Preamble", Nishikant Dubey's 'X' post added.
The 42nd Amendment to the Indian Constitution, enacted in 1976 during the Emergency, is a significant piece of legislation often referred to as the "Mini-Constitution" due to the extensive changes it introduced. It amended the Preamble and added the words 'socialist', 'secular', and 'integrity' to describe the nature of the Indian Republic.
It inserted a new Part IVA in the Constitution, which contained a list of ten Fundamental Duties for the citizens of India, such as respecting the Constitution, the national flag, and the national anthem, promoting harmony and the spirit of common brotherhood, safeguarding public property, and protecting the environment.
It transferred five subjects from the State List to the Concurrent List, namely education, forests, protection of wild animals and birds, administration of justice, and weights and measures. This increased the legislative power of the Centre over the States.
It expanded the power of Parliament to amend the Constitution and made it immune to judicial review. It also empowered the President to make laws during the proclamation of an emergency without the consent of the States.
It curtailed the power and independence of the Supreme Court and the High Courts by restricting their jurisdiction, increasing the age of retirement of judges, and allowing the transfer of judges without their consent.
It gave primacy to the Directive Principles of State Policy over the Fundamental Rights and authorised the Parliament to restrict or abrogate any Fundamental Right.
It changed the relationship between the executive and the legislature by extending the tenure of the Lok Sabha and the State Legislative Assemblies from five to six years, and by making the President and the Governors bound by the advice of the Council of Ministers.
The 42nd Amendment Act was widely criticised as an attempt to establish a totalitarian and authoritarian regime in India. It was seen as a threat to the democratic and federal features of the Constitution. Many of its provisions were repealed or modified by the subsequent 43rd and 44th Amendment Acts in 1977 and 1978, respectively.