I have been under the illusion that I have been researching the Ancient History of India and deluded my self that I have been pointing out that there were distortions in Indian History and providing information about real history of India. I was under the impression that misinformation was started by the Invaders ,mostly by the British,to a lesser extent by Islam historians,though I was aware the Congress Party of India was also responsible for some misinformation and they are culpable of not correcting the earlier misinformation.
How foolish one can one be,like me? I had never imagined that I was such an idiot that I was checking ancient history in detail but not recent history ,not lies propogated to such an extent, that one does not doubt certain things which were as good as Axioms!
Yes, I am talking about The term ‘Secular’ used in conjunction with India while defining India as a State.All along I was under the impression that the term Secular was a part of the Original Constitution of India,enacted just after India’s independence.
Preamble to the Constitution of India,Before 42 Amendment.
To my shock, it is not the case.
The term Secular was introduced in the Constitution of India as an amendment, the 42 Amendment, in 1976, by the then Prime minister Ms.Indira Gandhi, to gain votes ,when India went to polls.This amendment was made,among others, when she declared Emergency in India, suspending fundamental Rights.Entire opposition was put behind bars. Emergency was declared by Indira Gandhi because she was disqualified by the Court .Her election was set aside.Her way of handling the issue was to suspend the Constitution and declaring Emergency in India.The Emergency declared by her was found illegal on two issues. Though the aspect of Changing the preamble was not struck down, the issue is very much alive. I have provided information in the article.It can not be denied that the changing the preamble to the Constitution is morally wrong and legally untenable.
As a corollary, laws enacted during the period of Emergency, is illegal.To top it,many states did not ratify it. However it was classes as it met the basic requirements for amending the Constitution.However, as Emergency was illegal,acts passed during the period, including the Forty second Amendment is illegal.As the term ‘Secular,’ was included under 42 Amendment , it is blatantly brazenly Illegal.
Referring to the 2017 verdict, petitioner Vera Sarin said the proclamation of Emergency also needed to be examined to declare the decision as unconstitutional.
“The Presidential order dated June 25, 1975 is void and unconstitutional and the continuation of the same was a fraud on the Constitution. The Emergency declared under Article 352 of the Constitution was due to threat of external aggression and in as much as the Presidential order was not in furtherance of the object for which the Emergency was declared, there was no nexus between the impugned Presidential order and declaration of Emergency,” she said.
“The pain and trauma and untold misery suffered by the petitioner, to this date has remained unacknowledged and unaddressed. The present petition is a plea for justice and restitution of a lifetime spent in utter misery and anguish on account of the atrocities suffered by the petitioner, her deceased husband and her family,” the petition said.
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On 12 June 1975, Justice Jagmohanlal Sinha of the Allahabad High Court found the prime minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her from her seat in the Lok Sabha. The court also banned her from contesting any election for an additional six years. Serious charges such as bribing voters and election malpractices were dropped and she was held responsible for misusing government machinery and found guilty on charges such as using the state police to build a dais, availing herself of the services of a government officer, Yashpal Kapoor, during the elections before he had resigned from his position, and use of electricity from the state electricity department.
Because the court unseated her on comparatively frivolous charges, while she was acquitted on more serious charges, The Times described it as “firing the Prime Minister for a traffic ticket”. Her supporters organised mass pro-Indira demonstrations in the streets of Delhi close to the Prime Minister’s residence. The persistent efforts of Narain were praised worldwide as it took over four years for Justice Sinha to pass judgement against the prime minister.
Indira Gandhi challenged the High Court’s decision in the Supreme Court. Justice V. R. Krishna Iyer, on 24 June 1975, upheld the High Court judgement and ordered all privileges Gandhi received as an MP be stopped, and that she be debarred from voting. However, she was allowed to continue as Prime Minister pending the resolution of her appeal. Jayaprakash Narayan and Morarji Desai called for daily anti-government protests. The next day, Jayaprakash Narayan organised a large rally in Delhi, where he said that a police officer must reject the orders of government if the order is immoral and unethical as this was Mahatma Gandhi’s motto during the freedom struggle. Such a statement was taken as a sign of inciting rebellion in the country. Later that day, Indira Gandhi requested a compliant President Fakhruddin Ali Ahmed to proclaim a state of emergency. Within three hours, the electricity to all major newspapers was cut and the political opposition arrested. The proposal was sent without discussion with the Union Cabinet, who only learnt of it and ratified it the next morning…https://en.m.wikipedia.org/wiki/The_Emergency_(India)
Indira Gandhi image from https://ccrd.vidhiaagaz.com/42nd-amendment-of-indian-constitution/
Other images from Wikipedia.