Rape of the ConstItutIon

V SUNDARAM IAS
Poor Mother India is in the vicious grip of Mother Sonia Gandhi's de facto
dictatorship today, ably abetted and aided by our puppet puppy de jure Prime Minister Dr.
Manmohan Singh. By no means India is in a state of emergency today. India is definitely
not in a helpless state of armed invasion by Pakistan, or Bangla Desh, or China or any
other country. And yet both Houses of Parliament have been adjourned sine die yesterday
in order to protect the posts of the following disgusting disgraceful MPs of India from the
known and inevitable operation of Congress imposed Law of Jaya Bachchan-type
disqualification:
a) 'Poor and innocent' Somnath Chatterjee, the greatest Speaker in world
Parliamentary history, finds himself holding an office of profit in West Bengal ie.
Chairman, West Bengal Industrial Development Corporation. He tactfully stayed away
from Parliament yesterday in order to pave the way for the issue of an Ordinance under
Artcle123 of the Indian Constitution by the effete UPA Government latest by coming
Friday.
b) Madame Sonia Gandhi (political heir of Rajiv Gandhi and spiritual killer of
Mahatma Gandhi!!) finds herself holding the posts of Chairman of the Advisory Council,
in the rank of an Union Cabinet Minister on paper and de-facto Prime Minister in practice
and that of Chairman, Rajiv Gandhi Foundation.
c) Maharaj Karan Singh who has been beached by the tide of history finds himself in
the post of Secretary General of The Indian Council for Cultural Relations.
The 'traditional recess' of the Parliamentary session in both the Houses has been
done away and the decks are now clear for the UPA Government, already in an alert state
of combat readiness, to bring in an ORDINANCE in order to change the existing law on
offices of profit and to ensure that prominent MPs, including Congress president Sonia
Gandhi and Lok Sabha Speaker Somnath Chatterjee, escape a Jaya Bachchan-type
disqualification.
Protesting against the sine die adjournment of both Houses of Parliament, the
leaders of the NDA, led by former prime minister Atal Bihari Vajpayee, marched to
Rashtrapati Bhavan yesterday and urged President A P J Abdul Kalam not to prorogue
Parliament. Leader of Opposition L K Advani has described the mischievously
mendacious move as 'a singularly unfortunate event in the history of Parliament'. The sine
die adjournment of Parliament is procedurally necessary to bring in the ordinance since
Article 123 of the Constitution empowers the President to promulgate an ordinance on
the advice of the Council of Ministers only when Parliament is not in session. By such an
unconstitutional and unscrupulous move, the UPA Government, already enmeshed and
entangled in the labyrinthine layers of a petty puerile Petticoat Government, has
politically decided to treat both the Parliament and the Indian Constitution, if not the
silent and helpless millions of India, as disposable condoms!! It is very clear we are
heading for a Pakistan type dictatorship.
 The illiterate masses of India when they threw out Indira Gandhi and Sanjay Gandhi
after the Emergency in 1977 gave the following message to the nation: 'Don't be cowed
down by terror and tyranny. Don't forget that these types of dictatorship usually present a
tough and formidable exterior. They seem on the outside, to be hard, glittering,
impenetrable and irresistible. But within it all, they are full of rottenness. We have to
resist it with all our might and hold aloft the flag of human freedom'. This message seems
to have been forgotten by Sonia Gandhi and her henchmen today. It will not be before
long when the people of India will rise up as one man and teach a lesson to all these self-
proclaimed dictators at the earliest available opportunity!
Article 123 clause 1 of the Indian Constitution enables the President to legislate
when Parliament (either House or both Houses) is not in session and the President 'is
satisfied that circumstances exist which render it necessary for him to take immediate
action'. Every citizen in India is convinced that no such situation exists in India today.
There is only a private and personal emergency for Sonia Gandhi, Somnath Chatterjee
and Dr. Karan Singh and no national emergency at all!
More than one billion people in India are eagerly awaiting our great and
gentlemanly President to react in the following manner to the wickedly unconstitutional
move of Sonia Gandhi and her henchmen:
a) When he receives the reference from the Government of India, he should refer the
matter to a Supreme Court for clarification keeping in view the fact that he has already
referred the petition presented by Telugu Desam and Samajwadi Party to the Election
Commission for enquiry and report;
b) He should seek a clarification from the Government on the following aspects:
i) What is the grave national emergency which made the Speaker of the Lok Sabha
and the Rajya Sabha adjourn both the Houses sine die?
ii) Rajya Sabha Chairman has been requested by the Government to adjourn the
House sine die. What is the external or internal threat to the territorial integrity and
security of India which prompted the Government of India to make such an extraordinary
request?
iii) In what way can the anticipated application pari passu of Jaya Bachan's
disqualification in respect of Somnath Chatterjee, Sonia Gandhi and Dr. Karan Singh in
the interest of equity and natural justice lead to the creation of a state of national
emergency warranting the issue of an ordinance by adjourning both Houses of Parliament
sine die in so abrupt a manner?
iv) Should the protection of the offices of profit held by Somnath Chatterjee, Sonia
Gandhi and Dr. Karan Singh have a higher priority over the sanctity of the Indian
Constitution?
v) Is the UPA Government waging a political war against the Indian Constitution
and the people of India in order to save the posts allotted to themselves by selfless (!)
people like Somnath Chatterjee, Sonia Gandhi and Dr. Karan Singh?
 When the Bihar Assembly was dissolved on the advice of that now temporarily
forgotten Sonia's slave Buta Singh, and when the matter came up before the Supreme
Court, the Supreme Court held the Ordinance issued as unconstitutional. At that time the
President of India was misled into signing the ordinance when he was in fact on a tour
outside the country. The people of India are happy that the unscrupulous UPA
Government is giving a glorious opportunity to the President of India to act wisely and
firmly and thus veto the proposal for an unconstitutional ordinance in the larger interest
of healthy functioning of our democracy. That will give the right signal for all the petty
politicians of India.
All the political parties have complained against Navin Chawla, one of the Election
Commissioners planted by the Congress Party to function as their representative in the
Constitutional Body. In view of this, the Election Commission cannot also be expected to
deal fairly with the reference made by the President of India in regard to the petitions
given by Telugu Desam and Samajwadi Party against the continuance of Somanath
Chatterjee, Sonia Gandhi and Dr. Karan Singh as Members of Parliament. Instead, taking
note of the past deeds of misdemeanour of Navin Chawla and the fact that on his own
admission large sums of money have been paid by congress M.Ps. and Ministers to the
Trust run by his wife, the people of India expect the President to act quickly and to
request Navin Chawla to step down immediately in the larger public interest. Anybody
else in his unenviable position would have gracefully resigned. As one who has willingly
embraced the political culture of congress party for over 30 years, no one can expect him
to behave differently from Buta Singhs or Natwar Singhs and the like. In the congress
party, any act of shamelessness is viewed as courageous and honourable and any deed of
honour and discretion as shameful and cowardly.
The old English saying is that those who live in glass houses should not throw
stones at others. In India, the wisdom contained in this saying is not applicable to those
VIPs like Sonia Gandhi, Dr. Karan Singh and others living in the glass house of the
Indian National Congress. In this Congress glass house, all can dance with naked bodies
with gusto and enthusiasm. If anyone outside dares to throw a stone at those inside this
glass house, the Congressmen will always deal with such retaliation by using the
Constitution and the National Flag of India as guided missiles! All the people of India
have come to this sombre and inescapable conclusion.
What are things constitutional? I would only say let the ends be legitimate, and let
them be within the scope of the Constitution, and all means which are appropriate, which
are plainly adapted to those ends, which are not prohibited, but consist with the LETTER
AND SPIRIT of the Constitution, are constitutional. Viewed in this light, the move for an
'Ordinance' in a comic situation, totally unnecessary and unwarranted, is indeed
unconstitutional.
To conclude in the words of Charles A. Beard: 'The theory that the Constitution is a
written document is a legal fiction. The idea that it can be understood by a study of its
language and the history of its past development is equally mythical. It is what the
Government and the people who count in public affairs recognize and respect as such,
what they think it is. More than this. It is not merely what it has been, or what it is today.
It is always becoming something else and those who criticise it and the acts done under it,
as well as those who praise, help to make it what it will be tomorrow. A nation may make
a Constitution, but a Constitution cannot make a nation'.
JAI HIND!