New Delhi, Dec 13: TMC MP Mahua Moitra took aim at the BJP-led government on Friday, accusing it of “bleeding the Constitution from a thousand cuts.” She stated that it is abundantly clear the political leadership has “systematically eroded democracy” over the past decade.
During a debate in the Lok Sabha commemorating 75 years of the Constitution, Moitra emphasized the importance of preserving the essence of India in its truest form.
For much of her address, the TMC MP focused her critique on former Chief Justice D Y Chandrachud, without explicitly naming him, expressing concern that some judiciary members seem willing to jeopardize the independence and integrity of the country’s constitutional courts.
“The outgoing CJI spoke at length about the right to bail being granted under his leadership…. From A for Arnab to Z for Zubair, his references seem to be selective, omitting G for Gulfisha Fatima, H for Haney Babu, K for Khalid Saifi, S for Sharjeel Imam, U for Umar Khalid, and countless others,” she remarked.
In a veiled reference to Chandrachud, Moitra noted that the former CJI emphasized that the Supreme Court should not function as an opposition party.
“We in the opposition do not require the Supreme Court to fulfill our responsibilities. We are not asking it to intervene; however, our concern lies in the apparent willingness of some higher judiciary members to compromise the courts’ independence and integrity,” she said.
Moitra also seemingly criticized Chandrachud for hosting Prime Minister Narendra Modi at his residence during Ganapati festivities.
“I doubt the framers of our Constitution envisioned a situation where judges would depend on private discussions with the divine to render judgments, prioritizing subjective beliefs over objective reasoning, legal principles, and the Constitution,” the TMC MP stated.
Delivering a message to past and current Chief Justices, she said, “Your focus should not be on your personal legacy, nor on divine guidance; you shouldn’t allow private family events to become a public spectacle with political leaders. The Constitution should be your only guiding principle, the only ‘atithi’ (guest) deserving of your reverence as your ‘deva’ (god). Seekers of attention do not create legacies; those who uphold our foundational sovereign rights will be remembered.”
Moitra asserted that many people believe the Constitution is under “threat,” stressing the need for accountable public representatives to validate or dispel this fear.
Referencing a professor’s three tests to evaluate the political executive’s constitutional accountability, she asserted that the ruling Bharatiya Janata Party (BJP) cannot seize power at the expense of others’ rights.
“When accused of this, the ruling party always resorts to one defense — recalling Mrs. (Indira) Gandhi’s Emergency. Yes, that was a straightforward assault on democracy without doubt, but we recognized it for what it was. This government’s approach has been more insidious, a gradual and systemic erosion over the past decade,” she commented.
The TMC MP charged that the Modi administration has incessantly blurred the lines between the ruling party and the State by undermining and seizing control over mechanisms intended to ensure executive accountability.
“It is dismantling our Constitution through countless minor infringements,” she added.
Moitra raised issues of electoral malpractices, such as voter disenfranchisement and biased campaign financing, which she claimed grant the ruling party an unfair edge. She stated that voter disenfranchisement in India has reached unprecedented levels.
Additionally, she noted the targeted exclusion of a “discriminated minority” by a biased majoritarian State, resulting in a group of second-class citizens with unequal rights.
The government has introduced a “discriminatory” Citizenship (Amendment) Act, which she claimed openly violates the right to equality before the law.
Attacking BJP-led state governments, Moitra remarked that these administrations are vying to showcase “bulldozer justice,” demolishing homes, often belonging to minorities, without adhering to due process.
Moitra further criticized the BJP government’s abrogation of Article 370 provisions in Jammu and Kashmir and asserted that the residents’ freedom of speech has been compromised.
She labeled investigative agencies like the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) as “extortionist branches” of the government.
“In a fabricated case against me, the CBI is wasting valuable time searching for a scarf and lipstick gifted by a friend,” she said.
Addressing the Centre’s approach to the independence of the Election Commission, Moitra pointed out, “Since this government assumed power, two Election Commissions have mysteriously resigned before their terms concluded.”
She further alleged that the Lok Sabha elections earlier this year displayed “blatant and egregious” violations by the BJP and the Prime Minister, which a compliant Election Commission chose to overlook.
Other institutional entities have also been profoundly compromised, Moitra emphasized.
“It is evident that this political executive has systematically diminished democracy over the last decade. It fails spectacularly on all three tests of constitutional accountability. Our Constitution is indeed bleeding from numerous cuts,” she declared.
Moitra concluded by reciting poems by Hilal Fareed and Faiz Ahmed Faiz to criticize the Modi government. (PTI)
