Nirmala Sitharaman slammed the Congress and Mallikarjun Kharge hit back
Starting the debate to mark the Constitution's 75th anniversary in Rajya Sabha, Finance Minister Nirmala Sitharaman launched an all-out attack on the Congress and accused it of repeatedly trying to undermine the Constitution through amendments.
Targeting the country's first Prime Minister Jawaharlal Nehru, she referred to the first Constitutional amendment in 1951. "It was essentially to curb the freedom of speech (and expression). India prides itself even today on the freedom of expression. But the first interim government came up with a Constitutional amendment to curb the freedom of speech of Indians. That is because the first Prime Minister of this country deplored press scrutiny of his government even as he publicly praised freedom of press," she said.
Earlier, during the debate in Lok Sabha, Prime Minister Narendra Modi and Defence Minister Rajnath Singh had slammed Congress for the multiple Constitutional amendments during its rule.
Ms Sitharaman also referred to the arrest of poet-lyricist Majrooh Sultanpuri and actor Balraj Sahni in 1949. "During one of the meetings organised for mill workers, Majrooh Sultanpuri recited a poem that was written against Jawaharlal Nehru. Therefore, he had to go to jail. He refused to render an apology and was jailed along with Balraj Sahni, an eminent actor of those days. That is the level of tolerance and today we hold the Constitution in our hand and say freedom of speech, there is a sense of fear in our country," she said, taking a swipe at Congress leader's Constitution pitch.
The Finance Minister said the Congress government banned a book, Nehru: A Political Biography, by Michael Edwardes and a film, Kissa Kursi Ka, in 1975 "because it questioned Prime Minister Indira Gandhi, her son and also the Information and Broadcasting Minister then". In 1988, she said, Salman Rushdie's book The Satanic Verses was banned. "So, this spree of curtailing the freedom of expression, containing freedom of press happened before 1949 and continues after 1951," she said.
The amendments brought by Congress governments, Ms Sitharaman said, were not aimed at strengthening democracy but to shield those in power.
The Finance Minister said that in the aftermath of the Second World War, over 50 countries became independent and framed their Constitution. But while many of them have changed it completely, India's Constitution has stood the test of time.
"Today we are extremely proud of the way India's democracy is growing. Iit is time to reaffirm our commitment to build India, that is Bharat, that shall uphold the spirit enshrined in this sacred document," she said.
Ms Sitharaman also referred to amendments brought in to nullify an Allahabad High Court judgment in 1975 against Indira Gandhi in an election malpractices case.
"During the pendency of this case in the Supreme Court, the Congress enacted the 39th Constitutional Amendment Act in 1975 which added Article 392 (A) to the Constitution which says that elections to the President, Vice President, Prime Minister and Lok Sabha Speaker cannot be challenged in any court in the country and it can be done only before a parliamentary committee. Imagine that for a person to save her chair, an amendment was made even before the court judgment," she said.
The Finance Minister also referred to the Shah Bano case during Rajiv Gandhi's term as Prime Minister. "After the judgment from the Supreme Court in the Shah Bano case, the Congress (government) passed the Muslim Women Protection of Rights on Divorce Act 1986 which denied Muslim women their right to alimony," she said.
Referring to the imposition of the Emergency in 1975, she said, "The amendments were not about strengthening democracy but protecting those in power."
In response, Congress chief and Leader of the Opposition in Rajya Sabha Mallikarjun Kharge said the BJP has never respected the Constitution or the national flag and stressed that there is a danger to the Constitution under this government. Referring to the situation in Bangladesh after Sheikh Hasina's ouster, he said, “Our brave leader Indira Gandhi divided Pakistan into two parts and liberated Bangladesh... The pride of this country spread across the world. The chaos that is going on there (in Bangladesh), at least these (BJP) people should open their eyes and try to save the minorities there."
The veteran leader said the BJP never fought for the country. "How can such people talk about Nehru. We need to introspect deeply."
"It is clear from the debates of the Constituent Assembly that erstwhile leaders of RSS were against the Constitution. Those who hated the flag, Ashok Chakra and the Constitution are today teaching lessons to us on the Constitution," he said. Prime Minister Modi, he said, should apologise to the people of the country for misleading them by "twisting" Prime Minister Nehru's letter to states.