Daily Happenings Blog

Congress-Judiciary and Democracy

In recent times, the Congress party has started blaming the  BJP party and PM Narendra Modi for using the judiciary, and hence, democracy is in danger. But Rahul Gandhi, who shouts from the rooftop that democracy is being manipulated, forgets what Congress did when they were ruling at the centre.

Here are some of the incidents involving Congress and the judiciary:

1 In 1973, Indira Gandhi promoted Justice AN Ray as Chief Justice of India (CJI superseding other senior judges JM Shelat, KS Hegde and AN Grover. So all three superseded judges resigned. What Congress party gave a reply to the parliament that it is the job of the government to decide who to appoint as CJI, we will nominate the person who matches our thinking.

And today, the same Congress party is talking about the independence of the judiciary.

2 The incident of 1975 is well known, when Justice Jagmohan Sinha of the Allahabad High Court unseated Indira Gandhi for election malpractices. What did Indira Gandhi do? She imposed an Emergency in the country, and then what happened after that is history and known to everyone.

3 In 1976 a Supreme Court bench headed by Justice AN Ray, and other members were Justice MH Beg, YV Chandrachud and PN Bhagwati and HR Khanna. This bench upheld the Emergency. Only Justice HR Khanna dissented this decision. And the result was when time came to appoint next CJI, HR Khanna was bypassed and justice MH Beg was appointed CJI.

And this was democracy in Congress rule. The same HM Beg after his retirement was appointed the director of National Herald. This is the same newspaper, where presently Sonia Gandhi and Rahul Gandhi are on bail  for the scam which happened in acquiring the assets of the national Herald.

National Herald was totally a Congress newspaper, it was surprising how justice Beg accepted this appointment. The matter did not end here, when Indira Gandhi came back to power, the same HM Beg was appointed Chairman of Minority commission, and he stayed at this post till 1988, and he was awarded with Padma Bhushan.

4 There is one more such case about Justice Behrul Islam and everyone should know about this too. In 1962 he was a Rajya Sabha MP, who fought Lok Sabha election on Congress ticket and lost. He again became member of Rajya Sabha in 1968 from Congress party. In 1972 he resigned was made Chief justice of Guwahati High Court. He retired in 1980. Then Indira Gandhi came back to power in 1980, the same Justice Behrul Islam was appointed justice of the Supreme Court, 9 months after retiring from High Court. He resigned after one month and fought election for Lok Sabha from Barpeta, Assam on Congress ticket. But for some reason this election did not happen that year, and again he was made Rajya Sabha MP from the Congress quota.

This was biggest mockery of democracy, and today Congress is talking about democracy is in danger, when the truth they are biggest throttler of democracy.

In my opinion the situation is much better for judiciary and justice system now as compared to what was happening during the Congress and the UPA rules. The problem with Rahul Gandhi is that he thinks public is so guile and unaware that they will never know about what Congress did during their rules.

Anil Malik

Mumbai, India

16th December 2025

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