Emergency May Have Been Undemocratic, Not Unconstitutional: Shashi Tharoor To NDTV

Decrying the excesses that had taken place during the period, Congress leader Shashi Tharoor has hit out at the government for using the Emergency as a “diversionary tactic” and said that while imposing it may have been undemocratic, it was not unconstitutional.

In an exclusive interview with NDTV on Thursday, the senior leader, who has just been reelected as the MP from Thiruvananthapuram for the fourth consecutive time, also addressed issues like the demand for replacing the ‘sengol’ and the NEET paper leaks, which are set to dominate the ongoing session of Parliament. 

To a question on the Congress and other opposition parties opposing the references to the Emergency by Speaker Om Birla on Thursday and President Droupadi Murmu in her address on Friday, Mr Tharoor asked why something that happened 49 years ago was being “dredged up” so forcefully by the government. 

Accusing the BJP-led NDA of moving the goalposts and either talking about 1975 or 2047, and not about the present, he said the focus should be on burning issues like unemployment, the NEET paper leaks and the situation in Manipur. 

On the BJP using the Emergency to blunt the Congress’ plank that it was trying to save the Constitution, which yielded dividends in the Lok Sabha polls, the MP said, “The irony is that is actually one thing the BJP could not accurately say. I am a critic of the Emergency, but the very fact is that the Emergency may have been undemocratic, but it was not unconstitutional. It was a provision in the Constitution that permitted the imposition of an internal emergency. That provision has since been removed.”

“But it was there at the time and therefore what was done by the government in 1975 was strictly within the boundaries of the Constitution. So for the rashtrapati to say it was an unconstitutional attack or an attack on the Constitution is actually inaccurate in legal terms. I am not supporting the emergency; I think arresting opposition politicians, censoring the press and a number of steps taken were undemocratic steps, but they were, sadly, not unconstitutional steps,” he asserted. 

The Congress leader emphasised that the Constitution had not been suspended during those months and even the 42nd Amendment – which amended the Preamble and is referred to as a ‘mini Constitution’ –  was “passed within the provisions of the existing system”. 

“So I am not saying this is something to be proud of. I don’t think we should be debating the Emergency and politics today when there are more important things to do. But I am just challenging the claim that it was unconstitutional. It was not. It was completely within the Constitution, however undesirable,” he said. 

The ‘Sengol’ Debate

The BJP has attacked the opposition over the Samajwadi Party’s demand that the ‘sengol’ – a sceptre symbolising the transition of power from the British Raj to self-rule by Indians – be replaced with a copy of the Constitution in the Lok Sabha. The demand has also been backed by at least one senior Congress leader, who said that the baton symbolises “kingship”.

When Mr Tharoor was asked about this, he said, “This is a debate I personally don’t wish to enter into because I can see the arguments on both sides – one that it is a symbol of monarchy and we are a republic, and the other saying it is a purely symbolic thing and honours a part of India… And I don’t really want to pick and choose between these two things.”

“I will say, however, that what the Congress Party and the opposition are focused upon are the real issues facing people today, which, certainly include NEET. We are concerned about unemployment, particularly for young people, and we are concerned very, very seriously, about some of the issues the government simply does not want to talk about, from Manipur to the India-China border,” he emphasised. 

Advice For Rahul Gandhi?

Asked if he had any advice for Rahul Gandhi, who is now the Leader of the Opposition and is holding his first constitutional post, he said the former Congress president has emerged as a “considerable leader” in his own right. 

“The turning of the narrative began with the two Bharat Jodo Yatras, particularly the first one, which seized the imagination of the nation and of young people everywhere. He (Rahul Gandhi) moved on from there into this very effective, active campaigning for the Lok Sabha elections of 2024. I think his ability to now frame the narrative in a way that appeals to and attracts large numbers of people is beyond dispute. So I would say that he doesn’t need any advice from the likes of me,” Mr Tharoor said. 

“What he needs is now the opportunity to use the platform of being Leader of the Opposition to set the agenda for the government to respond to, and to ensure that the government is kept on the nation’s business rather than distracting us with what are really not relevant debates. A vast majority of the Indian population was not even born when the Emergency was declared,” he pointed out.

Opposition’s Strength

The Thiruvananthapuram MP, who was once in a race for the Congress president’s post, also said that it is in the government’s interest to focus on cooperation rather than confrontation with the opposition. 

“This is no longer a small number of MPs that you can just roll over with a brute majority. This is a very large swathe of Indian public opinion represented in these elections, and we are talking about 234 members in the India Alliance alone, as well as others who are not affiliated with the government… The problem often is that the government acts as if they don’t really need to consult the opposition and that, I believe, would be very unwise,” he warned.