TMC MP Mahua Moitra accused the BJP-led Centre on Friday of “bleeding the Constitution from a thousand cuts” and said it is crystal clear that the political executive has “systematically eroded democracy” over the last 10 years, news agency PTI reported.
During a debate in the Lok Sabha on 75 years of the Constitution, Moitra verbally targeted former chief justice of India D Y Chandrachud, without naming him, saying that what troubles the Opposition is that some members of the higher judiciary appear to be doing their best to compromise the independence and integrity of the country’s constitutional courts.
“The outgoing CJI waxed eloquent on how the right to bail has been granted during his tenure…. From A for Arnab to Z for Zubair, his alphabets seem to be abbreviated because it did not include G for Gulfisha Fatima, did not include H for Haney Babu, did not include K for Khalid Saifi, did not include S for Sharjeel Imam, U for Umar Khalid and countless others,” she said in her speech.
In an obvious reference to Chandrachud, Moitra said the former CJI made it a point to state that the Supreme Court is not meant to act like a political opposition, PTI reported. “We in the opposition do not need the Supreme Court to do our job. We are not asking it to (do so) but what troubles us is that some members of the higher judiciary appear to be doing their best to compromise the independence and integrity of our constitutional courts,” she said.
The TMC MP also apparently criticised Chandrachud for hosting Prime Minister Narendra Modi at his residence during the Ganapati festival. “I do not think the framers of our Constitution ever imagined a scenario where judges would rely on private conversations with the god to write judgments rather than on objective logic, on reasoning, on law and on the Constitution,” she added.
In a message to the CJIs, she said, and PTI quoted: “Yours is not to worry about your personal legacy, yours is not to take directions from the god, yours is not to have a private family function turned into a televised circus with a political executive. The Constitution is your only god, the Constitution should be the only ‘atithi’ (guest) that should be at your home as your ‘deva’ (god). Attention-seeking divas do not leave legacies, upholders of our basic sovereign rights will only be remembered.” Moitra claimed that a large number of people feel that the Constitution is in “danger” and asserted that as responsible public representatives, it is imperative that it is put to test and checked if this is fear mongering. She also asserted that the need of the hour is to ensure that the idea of India survives in its purest form.
On BJP
The MP said the ruling Bharatiya Janata Party (BJP) cannot usurp power in a way that takes away the rights of others, as PTI quoted.
“This ruling party, when confronted with this charge, uses only one defence — what about Mrs (Indira) Gandhi’s Emergency? Yes, that was a full-frontal attack on democracy, no questions about that, but we saw it for what it was. This government’s modus operandi has been indirect and creeping, an incremental and systemic assault for the past 10 years,” she said.
The TMC MP alleged that the Modi government has consistently sought to erase the distinction between the ruling party and the State by undermining and capturing all the mechanisms that seek executive accountability. “It is killing our Constitution by a thousand cuts,” she added.
According to the news agency, Moitra also flagged electoral malpractices, giving the BJP an unfair advantage. Voter disenfranchisement has reached epic proportions in India, she claimed.
Targeting the “prejudiced majoritarian State” for exclusion of minority groups, and creating an entire section of second-class citizens, she said that this government has brought a “discriminatory” Citizenship (Amendment) Act that is openly violative of the right to equality before law.
On attacks by the BJP
Hitting out at the BJP-ruled states, Moitra said these governments are competing with each other in “bulldozer justice”, demolishing homes, usually of minorities, without due process of law, as per the report.
Moitra also attacked the BJP government over the abrogation of the provisions of Article 370 of the Constitution in Jammu and Kashmir, saying that the right to free speech of the people of the region has been hampered.
Further hitting out at the Centre over the issue of independence of the Election Commission, Moitra said, “Since this government has come in, two ECs have inexplicably quit before their terms ended.” She alleged that the Lok Sabha polls held earlier in the year saw “blatant and egregious” violations by the BJP and the prime minister, which a compliant Election Commission ignored.
Other institutional bodies have also been severely compromised, Moitra added. “It is crystal clear that this political executive, for the last 10 years, has systematically eroded democracy. It fails spectacularly on all three tests of constitutional accountability. Our Constitution is bleeding from a thousand cuts,” she said, according to news agency PTI.
On probe agencies
She also targeted probe agencies, such as the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI), as “extortionist departments” of the government. “In a cooked-up case against me, the CBI is wasting precious time looking for a scarf and lipstick that a friend gave me,” she said.
Reference to judge Loya’s death
During her speech, Moitra’s reference to the death of judge B H Loya “long before his time” too created uproar in Lok Sabha, with Union minister Kiren Rijiju accusing her of raising a matter settled by the Supreme Court and warned of “appropriate parliamentary action,” as news agency PTI reported.
The House was adjourned twice during the day due to the uproar over the matter. The debate resumed after Speaker Om Birla said he has asked her to authenticate her claims. He also assured opposition members he will look into their reservations against Rijiju’s “threatening” language against a woman MP, PTI report stated.
Uproar over Moitra’s speech
BJP member Nishikant Dubey raised the issue, objecting to her criticism of Chandrachud. Dubey also accused Moitra of making insinuation about Loya’s death.
In a post on X, Moitra said all those reporting that “Parliament Affairs Minster warned me – it is he who will face action for threatening me! His remarks to be deleted- not mine!” Rijiju said the judge’s death case is settled and the TMC MP’s remarks were very serious. There is no question of any link or interference, he added.
The parliamentary affairs minister said, “We will take appropriate parliamentary action. You cannot escape. You are setting a very wrong precedent.”
When the House reconvened, Opposition leaders, Saugata Roy of the TMC and K C Venugopal of the Congress, protested against Rijiju’s choice of words, according to the news agency. Both MPs said the ruling party could have resorted to appropriate rules to seek action if they had an issue with Moitra’s speech.
Addressing the Speaker, Venugopal said, “You are the custodian. You have the powers to delete, expunge… The parliamentary affairs minister took the entire custody of House and he virtually threatened the lady member.” Roy also accused Rijiju of making “brazen effort” to threaten Moitra. Congress leader Venugopal said the minister’s responsibility is to maintain peace in the House but he instead “threatened” and intimidated a woman member. He demanded that Rijiju apologise or his remarks be expunged, according to PTI.
Meanwhile, the Speaker lamented members engaging in allegations, and asked them to have a constructive debate over issues related to the Constitution. He said he will look into what the minister has said and will delete, if needed.
-With PTI inputs
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