Exposing the INDI Alliance’s Misplaced Allegations: A Closer Look at the BJP and Congress on Constitutional Integrity

In the dynamic and often contentious world of Indian politics, accusations and counter-accusations are par for the course. The Indian National Developmental Inclusive Alliance (INDIA) has recently intensified its critique of the Bharatiya Janata Party (BJP) and Prime Minister Narendra Modi, accusing them of abusing the Indian Constitution. While such allegations are not uncommon in political rhetoric, they merit a closer examination. A historical perspective reveals that the Congress party, a major constituent of the INDIA alliance, has a record of constitutional manipulations since 1950. In contrast, the BJP’s tenure has largely demonstrated adherence to constitutional principles.

The Congress Party’s Historical Record of Constitutional Abuse

1. Emergency Period (1975-1977): Perhaps the most glaring example of constitutional abuse by the Congress party is the Emergency period imposed by then Prime Minister Indira Gandhi from 1975 to 1977. During this time, civil liberties were suspended, political opponents were jailed without trial, and press censorship was enforced. The 42nd Amendment to the Constitution, passed during the Emergency, made sweeping changes to the Constitution, significantly altering the balance of power in favor of the central government and curtailing judicial review.
2. Article 356 Misuse: Article 356 of the Indian Constitution, which allows for President’s Rule in states, has been frequently misused by Congress-led governments to dismiss state governments led by opposition parties. Since 1950, Congress has invoked Article 356 numerous times to destabilize state administrations that were politically inconvenient, undermining the federal structure envisioned by the Constitution.
3. Manipulation of Institutions: Over the years, the Congress party has been accused of manipulating key institutions for political gains. The appointment of politically pliant individuals to high offices, including the judiciary, and the use of investigative agencies to target political opponents were prevalent during various Congress regimes.
4. Operation Blue Star and Anti-Sikh Riots (1984): The military operation ordered by Prime Minister Indira Gandhi to remove militants from the Golden Temple in Amritsar led to significant loss of life and damage to the sacred Sikh shrine. The subsequent assassination of Indira Gandhi triggered widespread anti-Sikh riots, where Congress leaders were implicated in inciting violence. The failure to provide justice and protect minority rights during this period is a stark reminder of constitutional failures under Congress rule.
5. Coal and 2G Spectrum Scams: The UPA government’s tenure, led by Congress, was marred by significant corruption scandals, including the allocation of coal blocks and the 2G spectrum case. These scandals not only caused massive financial losses to the exchequer but also exposed the manipulation and subversion of regulatory processes and institutions.

BJP’s Adherence to Constitutional Principles

1. Respect for Electoral Mandate: Since coming to power in 2014, the BJP under Narendra Modi has largely respected the electoral mandate and worked within the constitutional framework to implement its policies. The peaceful transitions of power in states and at the center following elections indicate a commitment to democratic principles.
2. Judicial Appointments and Reforms: The BJP government has taken steps to streamline the judicial appointment process and enhance the efficiency of the judiciary. While the judiciary remains independent, the BJP’s efforts to introduce reforms, such as the National Judicial Appointments Commission (NJAC), though struck down by the Supreme Court, were aimed at making the system more transparent and accountable.
3. Upholding Federalism: Despite political differences, the BJP has generally refrained from misusing Article 356 to dismiss state governments. Instead, it has focused on winning electoral battles at the state level, respecting the federal structure of the Indian Constitution.
4. Legislative Achievements: Key legislative achievements of the BJP, such as the implementation of the Goods and Services Tax (GST) and the Insolvency and Bankruptcy Code (IBC), were executed within the constitutional framework, aimed at improving economic governance and fostering cooperative federalism.
5. Anti-Corruption Measures: The BJP has taken a firm stance on anti-corruption, exemplified by the demonetization move in 2016, aimed at curbing black money and counterfeit currency. While controversial, this policy was implemented within the bounds of the Constitution, reflecting a commitment to transparency and financial integrity.
6. Abrogation of Article 370: The abrogation of Article 370, which granted special status to Jammu and Kashmir, was executed through a constitutional process involving a Presidential Order and subsequent parliamentary approval. This move, although contentious, adhered to legal and constitutional procedures.

Conclusion

The INDIA alliance’s allegations against the BJP and Prime Minister Modi of constitutional abuse lack substantial backing when viewed against the historical record. The Congress party, a key player in the INDIA coalition, has a well-documented history of constitutional manipulations and abuses, from the Emergency period to the misuse of Article 356. In contrast, the BJP has largely operated within the constitutional framework, respecting democratic processes, judicial independence, and federal principles.

While no political party is without flaws, the narrative of the BJP as a violator of constitutional norms appears misplaced, especially when juxtaposed with the Congress party’s historical actions. For a more credible critique, the INDIA alliance would benefit from introspection and a focus on constructive policy alternatives rather than relying on unsubstantiated allegations.