Never Concede Dictatorial Power to Any One Person: Fali Nariman

The fundamental cause of Emergency in my view was the collapse of institutions. In those days none of the institutions put a fight against total illegality which took place during Emergency. The whole thing was illegal. Weakening of institutions is still a fundamental problem in India,” said Sir William Mark Tully after the release of…

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November 19, 2022

The fundamental cause of Emergency in my view was the collapse of institutions. In those days none of the institutions put a fight against total illegality which took place during Emergency. The whole thing was illegal. Weakening of institutions is still a fundamental problem in India,” said Sir William Mark Tully after the release of the of the book, For Reasons of State: Delhi Under Emergency by John Dayal and Ajoy Bose at India Habitat Centre in the national capital on June 26.

On the question of drawing some parallel with the Emergency then and the situation prevailing at present, Tully pointed out, “I don’t believe that we are in an emergency situation at the moment although there are signs or attempts to undermine some of the institutions and an atmosphere of fear can be said to be there. And if it is not the same then that does not mean that we should stop fighting to strengthen these institutions. If we don’t want emergency again then we have to work towards strengthening our institutions. Mark Tully has mentioned in the Foreword of the book which is very important,” For the perceived threats today, I still believe that there will be no full stops to Indian democracy. After all, the Emergency proved to be only a comma.”

This book was first written in 1977. It has been published again by Penguin Random House India, with a new Foreword by Mark Tully, former Bureau Chief of BBC in India. In the book, the first-hand information of the brutality, atrocities and human rights violations are highlighted by John Dayal and Ajoy Bose, who were young reporters working for The Patriot during that period.

Fali Nariman, renowned jurist and constitutional expert in his usual candid style, emphasised that just as people in England ‘Remember, remember! The fifth of November’ as Guy Fawkes Day similarly we should also remember 26th of June every year (Emergency Day). “It is not about which party to be blamed about it or so. But the important point is what people could do about it and that is why the question of institutions becomes so relevant. The most important thing to be noted about the Emergency (1975) is something that is being repeated today and that is the fragility of India’s institutions that have allowed them to be compromised,” he emphasised.

Nariman, while referring to a document shown on the television, reminded the audience about the letter written by the then Prime Minister to the President asking for dispensation of a prior Cabinet meeting to declare the Emergency. “So we started it with unconstitutionality. That was the greatest disgraceful act that could ever be imagined. Unfortunately the judges failed us, the Supreme Court failed us. Never concede dictatorial power to any one person,” the constitutional jurist concluded.

Former Finance Minister Yashwant Sinha, without mincing any word, said, “The danger today is probably greater than the Emergency and if we do not take note of these threats and believe that things are not as bad as the time of Emergency only because people are not in jails, the media has not been censured and a whole lot of things not happened then we would be making a grave error of judgment.

“Nobody is raising voice because all are scared. The entire investigative machinery of this government can be let loose against anyone who dares to oppose the government. The emergency imposed on us in 1975-76 was a political one but today we are in a state communal emergency which is even more than dangerous.”

Ajoy Bose, a senior journalist and writer, said, “The situation today is not exactly the same as compared to Emergency but certainly there is fear and we should not exaggerate what is happening today nor should we underestimate it. The real story about the Emergency is the story of human rights and civil rights. How people, particularly the poor people were treated at that point of time. Although they were not specific target but the Dalits and Muslims were the worst victims of Emergency.”

John Dayal, a social and human rights activist, senior journalist and writer, while recalling the impact of Emergency on him and the common people attempted to draw some parallel about the fear then and now and informed the gathering about his visit along with Harsh Mander to the spot where Qasim had been lynched in Hapur recently. According to him, the Police did not even bother to collect belongings and remnants of Qasim’s lynching to investigate upon. He also informed the audience about The Karwan-e-Mohabbat, where he and Harsh Mander, a former bureaucrat turned social and human right activist, were trying to reach out to every victim’s household lynched or killed after divisive violence.