Mahua Moitra Critiques BJP Government for Systematic Erosion of the Constitution

Trinamool Congress MP Mahua Moitra criticised the BJP-led central government, accusing it of systematically undermining democracy over the past decade. During a Lok Sabha debate on the Constitution's 75th anniversary, she argued that preserving India's core values is crucial. Moitra claimed that the Constitution is being weakened by numerous actions, and emphasised the need to protect its integrity.

Moitra directed significant criticism towards former Chief Justice of India D Y Chandrachud, though she did not mention him by name. She expressed concern that some judiciary members seem to compromise the independence of constitutional courts. "The outgoing CJI waxed eloquent on how the right to bail has been granted during his tenure.... From A for Arnab to Z for Zubair, his alphabets sic seem to be abbreviated because it did not include G for Gulfisha Fatima, did not include H for Haney Babu, did not include K for Khalid Saifi, did not include S for Sharjeel Imam, U for Umar Khalid and countless others," she stated.

Judiciary and Political Influence

Moitra criticised Chandrachud for hosting Prime Minister Narendra Modi during the Ganapati festival. She questioned if judges should rely on private conversations with deities rather than logic and law when making judgments. "I do not think the framers of our Constitution ever imagined a scenario where judges would rely on private conversations with the god to write judgments rather than on objective logic, on reasoning, on law and on the Constitution," she remarked.

Addressing past and present Chief Justices of India, Moitra advised them to focus on upholding constitutional values rather than personal legacies or political interactions. "Yours is not to worry about your personal legacy, yours is not to take directions from the god, yours is not to have a private family function turned into a televised circus with a political executive," she said.

Constitutional Concerns

Moitra highlighted widespread concerns about the Constitution's safety and urged public representatives to assess whether these fears are justified. She cited a professor's three tests for constitutional accountability and argued that the BJP cannot seize power by infringing on others' rights. She noted that while Indira Gandhi's Emergency was a direct attack on democracy, the current government's approach has been more subtle yet pervasive.

The TMC MP accused the Modi administration of blurring lines between party and state by undermining accountability mechanisms. She alleged electoral malpractices like voter disenfranchisement and biased campaign finance give unfair advantages to the ruling party. "Voter disenfranchisement has reached epic proportions in India," she claimed.

Minority Rights and Legal Issues

Moitra criticised discriminatory policies like the Citizenship Amendment Act, which she said violates equality before law. She also condemned BJP-ruled states for demolishing homes without due process, often targeting minorities. The abrogation of Article 370 in Jammu and Kashmir was another point of contention, as Moitra argued it suppressed free speech in the region.

She described agencies like the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) as government tools for extortion. "In a cooked-up case against me, the CBI is wasting precious time looking for a scarf and lipstick that a friend gave me," she noted.

Institutional Independence

Moitra raised concerns about the Election Commission's independence, noting two commissioners resigned unexpectedly since this government took office. Other institutions have also been compromised under this administration, according to her. "It is crystal clear that this political executive, for the last 10 years, has systematically eroded democracy," she stated.

To conclude her speech, Moitra recited poems by Hilal Fareed and Faiz Ahmed Faiz as a critique of the Modi government. Her remarks underscored her belief that democracy in India faces significant challenges under current leadership.