Political journey of Indira Gandhi

The republic of India and Islamic republic of Pakistan fought a war in August and  September months of 1965,and finally USSR intervened and both sides agreed to a ceasefire.USSR invited Prime of India Lal Bahadur Shastri and Pakistani General Ayub Khan to Tashkent,capital of Uzbekistan to sigh a peace treaty,and both leaders reached there.On 11th January 1966 ,Indian Prime Minister Lal Bahadur Shastri suddenly died because of massive cardiac arrest in Tashkent.The Congress working party (CWC) met to elect a new leader and Indira Gandhi , daughter of India's first Prime Minister Pandit Jawaharlal Nehru emerged as the top contender for the post of Prime Minister of India and on  24th January 1966 then President of India S.Radhakrishnan appointed her as the Prime Minister of World's second most populous country.
During her first few years of her tenure she  maintained a good rapport with senior most leaders of the Congress Party.At that time Indira Gandhi was fifty years old.In the separation-october months of 1967 ,Indian and Chinese troops clashed at Nathula pass of Sikim,at that time Sikim was an Indian protectorate and unlike 1962, Chinese suffered more Casualties than India.India supported Arab states in 1967 Arab Israeli war and USA punished India by delaying supply of wheats to India.India was going through a worst food Crisis and in order to overcome it,the scheme of Green Revolution was launched and both Lal Bahadur Shastri and Indira Gandhi deserve credit for their leadership.In 1969,The Congress party was officially splitted by Indira Gandhi to establish her full control on the party's affairs and after exit of senior most leaders ,Indira Gandhi became the sole leader of the Congress party,only her loyalists remained in the party.The Congress Party's official presidential candidate lost the election and Indira Gandhi's nominee won ,she was expelled from the Congress party and she formed a rebel Congress Party with her supporters only.In 1971 General Election ,Indira Gandhi's faction secured a landslide victory in Lok Sabha election,and She became the most powerful leader of India and other leaders became irrelevant for time being.Her Party's won 352 seats and the rival faction won only 16 seats.The total seats of Lok Sabha were 521 seats.So her opponents were rejected and humiliated by voters.But it was not the landslide victory in general election,the Bangladesh liberation war in December 1971,When Indian army gave a rude shock to the Pakistani army in East Pakistan by compelling surrender of Ninety three thousands Pakistani soldiers before an Indian Lieutenant General, established Indira Gandhi as the Supreme leader both in terms of popularity and her boldness.It seemed that she was invincible.
But like other leaders  she was fallible,on June 25,1971,she committed the terrible blunder of her life by imposing state emergency just to silence voices of oppositions,who were demanding her resignation after a Allahabad High Court verdict ,which disqualified her for misusing her powers in 1971 general election.Emergency lasted for more than one and half years ,that ended on 21march 1977.During that period,India ceased to be democratic state and became  an  authoritarian country.Suddenly the Supreme leader's popularity bit  the dust ,which reflected the 1977 general election,she herself lost and her Party was routed in the North India.For the first time in Indian history ,a Non -Congress Government was formed,though leaders of that political block were former Congressmen. Unfortunately that Government collapsed in 1979  due to internal differences and Indira Gandhi bounced back in 1980 by securing a thumping victory in 1980 general election.She again became Prime Minister of Indira.This was her last tenure,and her last tenure was not so smooth.Unprecedented rise of militancy and bloodshed in Punjab,India's richest state and violent Assam agitation overshadowed all her previous successes.She commited another political blunder by sending Indian army to strome Golden Temple in Amritsar,holiest place of Sikhism to flush out militants ,who were converted the temple into a fortress.Several hundreds died and Akhal Takht was demolished ,which hurted Sikh sentiments badly.And finally she was assassinated by Sikh bodyguards on 31st October 1984.



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Hungarian revolution of 1956Is Revolution was also known as the Hungarian uprising, an attempted Rebellion against the communist government , that came into existence after the World War II. Hungry was an axis ally of Nazi Germany. The USSR occupied Hungary and April 28 government was established. Hungary became a satellite state of USSR. Soviet government was actually a totalitarian government. Hungarian people are descendants of Slavic and Huns. In disrespect remember the cruel rule Attila the Hun. The Hungerian revolution of lasted for l 15 days, until it was crushed by Soviet tanks. Several thousands hungarians lost their lives m several hundred Russians also lost their lives.On 23rd of October 1956, some University students appealed to the civilian population to protest against Russian authoritarian rule the domination of USSR in its geopolitical interest. At that time, Hungary was ruled by a Stalinist government. The students demanded reform on 16 points, but all the students were detained by security guards. The Hungarian people rose against the Communist Party and the secret police of Hungary. And the local communists and secret policemen were executed. A new government was formed under Imrey Negi, who was the liberal man. Under his leadership hungry had withdrawn from Warshaw pact. The new government agreed to hold new election, hungry was heading towards democracy.Initially the USSR agreed negotiate with the new government and accordingly delete Army withdrew. Russians apprehended Hungary embrace the Western block live by USA would be a big threat two dog communist block. So the Russians betrayed the hungarians and hungry was invaded by several Russian divisions. The Hungarian Army was no match before the might of Russian army and after Fierce resistance the hungarians were defeated. The free hungarians were expecting Western help but that did not come. Finally the new government was rendered useless the leaders were arrested and executive latter. The communist government again was installed in Hungary and hungry again became is satellite state of USSR . The Communist rule finally collapse in 1989 after destruction of Berlin Wall. Now Hungary is a Democratic state.

[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: A K Gopalan v The State(1950,S.C.R.88) was a momentous case in the Constitutional history of India.Any discussion/ lecture on the Constitutional law is incomplete without first examining this case, whether critically or analytically.This case was decided at a time When the Country got independence from British rule and The Constitution of India had come into force,and more than it , for the first timea chapter on Fundamental Rights had been incorporated in the Constitution .The Supreme Court got a golden opportunity to interpret the Article 19,21 and 22 expansively against Executive or legislative power of the state.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: Brief Fact of the case-A K Gopalan,a radical leftist of the Madras Province was detained under the Preventive Detention Act ,1950,and in fact he was detained for several times under the Act.Under Entry 9 of Union list ,the Parliament has the power to enact law on Preventive Detention.Though Preventive Detention is an anathema in modern time,it was justified as a necessary evil to protect the unity and integrity of the state.Even in Britain and America it was used only during the war time ,that too against suspected enemy aliens[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: A K Gopalan filed a habeas Corpus writ petition under Article 32 of the Constitution and challenged the detention ordering a wide ground that the Detention Act ,under which he was detained was void for violating Articles 19 and 21 and also on a narrow ground that it did comply with the requirements of Article 22.Article 22 prescribes certain procedural safeguards against it.Learned Counsel M K Nambiyar on behalf of Gopalan contended that the Detention Act 1959 violated Article 21 and was void on following grounds1.Personal liberty included the freedoms conferred by Article 19(1)(a) to (e) and (g) and the impunged act ( detention act) did not satisfy the test of Article 19(2) to (6).2.The Preventive Detention Act directly violated Gopalans right to move freely , because the freedom of movement is of essence of personal liberty.3.Article 19 (1) and 21 should be read together because Article 19 dealt with substantive rights and Article 21 dealt with procedural rights.4.The reference in Article 21 to Procedure established by law meant due process of law and the Act did not satisfy the requirements of due process of law.5.The word law in Article 21 meant not the state made law but jus naturale ,of the principles of natural justice.The law did not comply with the requirements of Natural justice[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: It will be seen that from 1 to 5 that the proposition that Article 21 applied to the Preventive Detention ,was the foundation of all the reasons,and learned Attorney General M C Seetlevad countered by contending that Article 22 was a complete code and Article 21 didnot apply to Preventive Detention law.All the questions raised some points of immense Constitutional importance and a Six Judge Bench comprising CJI H L J Kania ,Justices P .Shastri ,M C Mahajan,B K Mukherjee ,SS Das and Fazl Ali S was constituted to hear the matters .All the six judges delivered separate judgments after a lengthy hearings .Five learned judges( Fazl Ali dissenting) held that Article 19 did not apply to Preventive Detention thought the freedoms as a result of detention freedoms may be curtailed.Fazl Ali dissented and held that Preventive Detention was a direct infringement of Article 19 and was subject to Judicial review even it was narrowly construed The majority judges did not hold that Article 22 was a complete code ,so they disagreed with learned Attorney General contention and only M C Mahajan alone held Article 22 was a complete code on Preventive Detention.Fazl Ali dissented by holding that " No calamitous or untoward result would follow even if the Provisions of Penal code became justiciable".CJI Kania, and Justices Shastri, Mukherjee and SS Das held the concept of right to move freely throughout the territory of India was entirely different from the Concept of the right to personal liberty.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: Except Justice M C Mahajan who held that Article 22 was a complete code, majority held that Articles 19 (1) and Article 21 did not operate in the same field, because Article 18 conferred rights only one citizens, article 21 conferred rights on all persons. Again if article 21 conferred only procedural rights then the most precious right the Right to life was nowhere found in our Constitution. Therefore the majority held that Article 21 also conferred substanrive rights also. It may be observed that far from holding that fundamental rights were mutually exclusive, Mukherjee held that a substantive law authorizing the deprivation of life must conform to the requirements of Article 20.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: CJI Kania, Justices Mukherjee and SR Das held that law in Article 21 had been used in the sense of State made law and not in the embodying the Principle of Natural Justice, and Procedure established by law meant a law made by Union Parliament or by State legislatures. Justice Shastri held that the law meant Positive or state made law and did not mean jus naturale, but the procedure meant well established criminal procedure. Justice Fazl Ali dissented by holding that whatever Procedure established by law may mean, and must include 1 . Notice 2.opportunity to be heard 3.impartial tribunal 4.orderly procedure. So according to fazl Ali a positive law must include jus naturale.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: The majority judges held that the Procedure established by law didnot mean due process of law as understood in United States of America. The report of Drafting Committe showed that the words Procedure established by law were substituted for the words without due process of law. Our founding fathers were well aware of its abuse by American judges during the New Deal period.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: So in this case, different views were expressed by different judges, so no common points emerged on the correlation of articles 19 to 20,21 and 22 or the meaning of the expression personal liberty.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: But Justice Fazl Ali dissenting points are regarded as one of the greatest dissents of all time. Justice R Nariman paid a rich tribute to Fazl Ali foresight by saying "simply takes our breath away".