Rajya Sabha: BJP says Cong amended Constitution to strengthen 'family'; Oppn alleges Emergency-like conditions

New Delhi, Dec 16 (PTI) The BJP and the Congress on Monday accused each other of undermining constitutional values, with the ruling party saying the Congress carried out amendments to "brazenly" help a "family" when it was in power.

Amid charges and counter-charges during the debate on the Constitution in the Rajya Sabha, the Congress demanded an apology from Prime Minister Narendra Modi for "twisting facts" about Jawaharlal Nehru and claimed that BJP leaders' "bhakti" of Modi was leading the country towards "dictatorship".

Targeting the government, the opposition members accused it of attacking the federal structure and claimed that an Emergency-like situation exists in the country.

Leading the BJP charge during a discussion on the 'Glorious Journey of 75 Years of the Constitution of India' in the Rajya Sabha, Finance Minister Nirmala Sitharaman said the economic policies of the previous Congress governments for about 50 years did not strengthen India's economy and restricted growth.

In her nearly 80-minute speech, she mentioned various amendments to the Constitution during the era of Jawaharlal Nehru, Indira Gandhi and Rajiv Gandhi, which, she alleged, were aimed at strengthening the "family" and failed on the other tests of economic and social good besides constitutional spirit and processes.

She also highlighted the Constitutional amendments and changes to the Preamble during the Emergency and the denial of alimony to Muslim women in the aftermath of the Shah Bano judgement.

"Each time the Congress brazenly (amended Constitution), only to help the family. The dynasty kept amending the Constitution, and this is how far they went even if it affects any particular woman who desperately needed the benefit," she alleged while referring to the Shah Bano case. " The alteration of the Preamble to include 'Socialist and Secular' highlights the disrespect and disregard the Congress has for constitutional processes, principles and institutions.

"The amendments were not about strengthening democracy, but for protecting those in power...again, the process is used for strengthening the family," she alleged while referring to the Nehru-Gandhi family.

She also claimed that Nehru brought in the first amendment in the Constitution in 1951, even when there was no elected government and issues like freedom of speech and expression triggered it.

Citing various amendments, including the 42nd Constitutional Amendment and one related to the Shah Bano case, the finance minister said none of the amendments passed the test of four criteria -- economic good, social intent, due process and constitutional spirit.

She said the amendments were not to strengthen democracy but to protect those in power and strengthen the family. She also alleged curtailment of freedom of speech and expression, including press freedom, during the Congress regimes.

Referring to the women reservation in Parliament and state assemblies, Sitharaman said a bill regarding it was passed in the Rajya Sabha in 2008, but the ruling Congress did not take it to the Lok Sabha as its alliance partners were not in favour of the legislation.

In his counter-attack, Leader of Opposition in the Rajya Sabha and Congress President Mallikarjun Kharge accused Prime Minister Modi of misleading the country by "twisting facts" about Pandit Jawaharlal Nehru's letter on the reservation issue to states and demanded an apology.

Noting that democracy cannot be run through dictatorship, Kharge accused the BJP leaders of indulging in the 'bhakti' of Prime Minister Modi, asserting that it was leading the country towards dictatorship.

He alleged that the BJP was against reservation and that is why the party is against caste census.

During his 79-minute speech, he rebutted the BJP allegations that the Congress party was against the Constitution and recalled the BJP's various "unfulfilled promises of giving Rs 15 lakh in every bank account, 2 crore jobs every year, provide MSP and making double farmers' income".

The Congress President said the first amendment in the Constitution was done to provide reservation to the Scheduled Castes, and Scheduled Tribes, fix problems related to education and employment and abolish the Zamindari system.

He said it was done by the Constituent Assembly members which included Syama Prasad Mookerjee, one of the founders of Jana Sangh.

"I want to inform the House that the Supreme Court had rejected Madras state's decision on reservation," he said, adding that it was also to stop communal propaganda as Sardar Patel had suggested to Nehru that a constitutional amendment was the only remedy.

"Therefore, Nehru wrote a letter to chief ministers. This has been mentioned in PM's speech after twisting facts to defame Nehru for which he should apologise to the nation.

"This is my demand. If you twist the facts before the nation and attempt to defame him, then you should apologise in this House and other House and before the people of this country," Kharge asserted.

He said the prime minister "lives in the past" and not in the present and it would have been better had he listed his present achievements that strengthened democracy, instead of harping on what happened in the past.

"The 'bhakti' of the prime minister is taking the country towards dictatorship... democracy in the country should not turn into dictatorship," Kharge warned.

Referring to the Emergency, Kharge said it was a mistake that was rectified and the result was that Indira Gandhi came back to power with a thumping majority in 1980.

Earlier, urging members to debate on 75 years of Constitution, Chairman Jagdeep Dhankhar said this milestone invites us not just to celebrate, but to deeply reflect on our journey and chart our path forward.

"This Constitution has been the bedrock of the world's largest democracy, testament to the profound wisdom of its architects and the resilience of our democratic spirit," he said.

Participating in the debate, Union minister Hardeep Singh Puri tore into the previous Congress-led governments on Article 370, saying the party abdicated its responsibility to the Constitution with regard to Kashmir as the "temporary" provision was made "de-facto permanent" because it "lacked the courage to act".

Biju Janata Dal MP Debashish Samantaray said, "What is the situation today, anyone can be sent to jail, chief ministers were put in jail, denied bail. There is definitely an Emergency in the country, I will say it openly." Trinamool Congress Rajya Sabha MP Saket Gokhale alleged that justice is being denied to people under the NDA government and accused it of destroying the Constitution. He alleged that minorities are being subjected to "atrocities every day".

DMK's Tiruchi Siva accused the Union government of undermining the federal structure of the country.

He also accused the ruling party of Hindi imposition and said they should not impose. "Not even an iota of doubt should creep into the minds of linguistic and religious minorities. Don't impose," he said.

Mukul Wasnik of the Congress said the references made to Jawaharlal Nehru in speeches made by ministers were full of "hatred" for India's first Prime Minister.

DMK Rajya Sabha member N R Elango demanded greater scrutiny of the Election Commission's functioning saying a "pliable" poll body "serves as a gateway to power consolidation striking democracies apart".

YSR Congress Party MP Vijayasai Reddy alleged that "unconstitutional actions" were being undertaken by BJP's ally Telugu Desam Party (TDP). PTI JP PRS RSN LUX AO KKS MSS NKD RKL MJH ANZ SKC RT RT