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Mahua Moitra Speech: महुआ मोइत्रा ने संसद में प्रधानमंत्री मोदी और सरकार पर तीखे आरोप लगाए। उन्होंने कहा कि देश में लोकतंत्र कमज़ोर किया जा रहा है, संवैधानिक संस्थाएँ दबाव में हैं और तानाशाही मानसिकता बढ़ रही है। मोइत्रा के अनुसार, सत्ता में बैठे लोग राजा की तरह व्यवहार कर रहे हैं और असहमति की आवाज़ दबाई जा रही है। उन्होंने बताया कि मीडिया, न्यायपालिका और चुनावी प्रक्रिया को नियंत्रित कर देश को एक ख़तरे की दिशा में ले जाया जा रहा है। उनका भाषण सरकार पर सीधी चोट और लोकतंत्र बचाने की एक मजबूत अपील था।

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~HT.178~PR.250~

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00:00मुबारक घड़ी है, कल सच धचकर, मेका प्रचकर, खूब जचकर, देखो उसका मंच पर आना, किताब संविधान की आँखों से लगाना और परमाना, मैं शीश को जुकाकर, इस किताब को मन में बसाकर, इश्वर की शपत लेता हूँ, रात धल ने दीजिए, दिल बदर ने
00:30के दाजिया हुआएगा, मगर जो आज महफिल सजी है, यही मानती है कि हीरो वही है, मुबारक घड़ी है, तो every Chief Justice of India, past and presence, I say this,
00:43yours is not to worry about your personal legacy, yours is not to take directions from God,
00:50yours is not to have a private family function turned into a televised circus for the political executive,
00:55सब्टाज उचाले जाएँगे, सब्टाज गराएँगे, बस नाम रहेगा संविधान का,
01:00Thank you Madam Chairperson, thank you Madam Chairperson,
01:06I have 18 minutes of allotted time by my party, Honorable Chairperson Sir,
01:13Madam, I stand today on behalf of my party, the All India Trinamul Congress,
01:18to speak on the 75th anniversary of our constitution,
01:22a constitution that is not merely a book, but indeed the life and the soul of our nation.
01:28Almost 75 years ago to the day, on the 25th of November 1949,
01:34Baba Sahib Ambedkar reminded us, we must observe the caution which John Stuart Mill has given
01:40to all who are interested in the maintenance of democracy, namely, not to lay their liberties
01:45at the foot of even a great man, or to trust him with powers which enable him to subvert
01:51their institutions. This nation was made by great men and women, but the real challenge
01:56before us today is ensuring that no one man should believe he is greater than the nation,
02:02and that he is above the principles of the constitution. Today as I stand to participate
02:08in this historic debate, let me start with a short, yet very apt, nazan by the poet Dr.
02:13Hilal Pareed. I trust the truth and the irony in his words will not be lost on anyone.
02:19As the marriage says, I am the one. I am a bitter friend. The person of the
02:25hundred years is a beautiful man. And I do, I am the one. I pray that he is far from
02:31the heavens. And now I will, I give. I shall love I, and I will give. I have a
02:33different way. I might just love to live to the start and I will be allowed to live to
02:35this book, and I will give. I have a promise to live. I will keep up.
02:37I am a teacher of Myva D. As long as I am a teacher of my children. I will give up. In the
02:40time, I will give up. I will give up. I have a gift. I will leave the
02:41house to live. There is no might, there is no matter. I am a skilled man. I will go on the
02:43सितमगरों का बादशाह सब भूल जाएगा.
02:47नफरते हुगाएगा, दूडिया बरहाएगा, रोज समविधान के धजिया हुगाएगा.
02:53तो अज महफिल सजी है, यही मानती है कि हीरो वही है, मुबारक घडी है.
03:02For the past 10 years, a very large number of people in this country have felt that
03:07समविधान खत्रे में है. Our constitution is in danger. As responsible
03:12public representatives, it is imperative that we actually put this to the test and check
03:18if this is just fear-mongering by us, as the ruling party would have us believe, or indeed
03:24is the constitution framework imperiled. As Professor Tarun Khaitan explains, there are
03:30three broad tests to check if the political executive is constitutionally accountable,
03:35three checks for the country to remain democratic over time. So let's see how our
03:41country is faring on these three checks. The first is direct electoral accountability to
03:46the people. The second, there is accountability to the judiciary and other fourth branch institutions.
03:52And third, there is accountability rendered by the media and civil society as watchdogs
03:58of the citizenry at large. The ruling party has the right to influence policies over a large
04:04range of matters. You cannot take away that prerogative, but it cannot usurp power in a way
04:08that kills constitutional rights for the rest of us. This government, this ruling party, when
04:13confronted with this charge, uses only one defense. What about Mrs. Gandhi's emergency? Yes, that was
04:20a full-frontal attack on democracy. No question about that. But we saw it for what it was. This
04:26government's modus operandi has been indirect and creeping, an incremental systemic assault for the past
04:3310 years. The Modi government has consistently sought to erase the distinction between the
04:38party and the state by undermining and capturing all the mechanisms that seek executive accountability.
04:45It is killing our constitution by a thousand cuts. I'm going to point out a few of the particularly
04:50bloody cuts. In the first test, democracies seek electoral accountability from the political
04:57executive. Measures such as electoral manipulation, voter disenfranchisement, biased campaign finance
05:03over time give the ruling party an unfair advantage. Voter disenfranchisement has reached epic proportions
05:10in India. In the past general elections, as well as in the recent by-polls, in many BJP-ruled states,
05:16there were widespread documented, caught on television cameras, caught on mobile phones, instances of
05:22voter suppression, from names missing to electoral rolls by police used to threaten, beat and intimidate
05:30voters. We saw it in Ramport. We saw it in Sambal. Entire localities were being forced to stay home.
05:37Another aspect is the largely targeted exclusion of a hated minority by a prejudiced majoritarian state,
05:45creating a whole section of second-class citizens whose rights are less equal than others.
05:49This government brought in a discriminatory citizenship amendment act that is openly
05:54violative of the fundamental right to equality before law. All the BJP state governments are
05:59competing with each other in bulldozer justice, demolishing homes, usually of minorities, without
06:05due process of law. I had to go to the Supreme Court to get a stay on the unconstitutional order
06:12of the UP government, demanding that minorities, that Muslims, put identifying markers on their eateries
06:18in shops during the covered yatra. This is blatantly a violative of Article 15.
06:23Let us move on to campaign finance now. In 2014, both the BJP and the Congress were held liable
06:30for illegally accepting foreign contributions. In response, this government retrospectively amended
06:36the Foreign Contribution Regulatory Act, FCRA 2010, to narrow the definition of a foreign company
06:43and thereby removed the illegality with retrospective effect. This was done surreptitiously.
06:49The Act of 2010 was not amended by a separate bill. It was done via clauses slipped into the
06:55Finance Act 2016 and the Finance Act 2018. The amendments not only legalized foreign funding
07:01of political parties, they also created a new funding vehicle called electoral bonds. In 2017-18,
07:08the BJP got 97.7% of funds that were legalized by surreptitious changes to the campaign finance
07:16laws. When the electoral bond numbers came out earlier this year, we saw that the BJP had
07:21between 54 and 57% of the total amount raised in the past six years. This kind of unfair advantage
07:28for the BJP in campaign finance has created a very skewed playing field for the opposition in recent years.
07:34There is no denying this. The use of the government funds to promote BJP and to promote
07:39Modi Ji's political branding in the run-up to the elections. Modi Ji Ki Guarantee, Modi Ji Ka Parivaar,
07:44creates a media blitzkrieg that few smaller parties can match. For a free and fair electoral process,
07:52a neutral referee is necessary. So in addition to electoral accountability, our constitution lays down
07:58a second check of institutional accountability where the government is scrutinized by the judiciary
08:04and by various fourth branch institutions such as the election commission, the vigilance commission,
08:09a human rights watchdog, an anti-corruption body. The appointment mechanism of these
08:16fourth branch institutions along with their functional autonomy is what keeps them independent.
08:22What has this government done? This government willfully defied the spirit of the Supreme
08:27court ruling on the election commission's independence by replacing the chief justice of
08:31India on the selection committee with a government-appointed minister. So you have a two-to-one
08:35majority. Prior to Modi Ji becoming prime minister, how often did we hear of an election commissioner not
08:41filling their full term? Since this government has come in, two election commissioners have inexplicably
08:46quit before their terms have ended. The 2024 elections saw egregious violations of the model code of
08:53contact by the BJP and specifically by the prime minister, which an eager and compliant commission
08:58blatantly ignored. But even the smallest violation by an opposition party saw the ECI taking prompt,
09:04stringent action. For free and fair elections, just like justice, must not only be done but must also be seen to be done.
09:13So public trust and democracy has to be restored by this election commission. We've jokingly started
09:18calling it the Modi Ji court of conduct. Other institutional bodies have been similarly compromised.
09:24Appointments to the national human rights commission have been widely criticized,
09:28especially of justice Arun Mashra and others close to the establishment. This is a judge who,
09:32while in office, he preys on Modi Ji, calling him an international visionary who thought globally and
09:38acted locally. And lest the treasury ventures claim this assessment is a biased one, please remember,
09:44it is precisely this kind of appointments that have undermined the independence of the NHRC so much so
09:51that the NHRC has lost its UN accreditation. The NHRC can no longer represent India or vote at the UN
09:57Council of Human Rights. Allow me to turn to a simple instance of what human rights under the rule of law
10:05means. The right to bail. The erstwhile outgoing Chief Justice of India waxed eloquent recently about how
10:12the right to bail has been granted during his tenure for all. A range of under trials from A to Arnab
10:19to Z for Zubair. His alphabet unfortunately seems abbreviated because it did not include G for Gulfisha
10:26Fatima, didn't include H for Hani Babu, didn't include K for Khalid Safi, didn't include S for Shahjul Imam,
10:34and U for Omar Khalid, and countless others. The former Chief Justice made it a point to say that the Supreme
10:40Court is not meant to act like the political opposition. We in the political opposition don't
10:46need the Supreme Court to do our job. We are not asking it to. But what troubles us is that some
10:52members of the higher judiciary appear to be doing their best to compromise the independence and
10:56integrity of our constitutional courts. I do not think that the framers of our constitution ever
11:02imagined a scenario where judges would rely on private conversations with God to write judgments
11:08rather than on objective logic, on reasoning and on the law and the constitution. The Honourable
11:14Defence Minister in his speech this morning mentioned the courage of the late Justice H. R. Khanna to
11:18dissent in 1976. May I remind everyone that Justice Khanna lived for 32 years after 1976 under a largely
11:28Congress regime long enough to write his autobiography which the minister quoted from. Unlike poor Justice
11:34Lawyer who is resting in peace long before his time. Delays in filling vacancies in the Central
11:41Information Commission is denying citizens their right to information. Currently the CIC has only
11:47three commissioners including the chief instead of the mandated 10 and has 22,000 pending appeals filed by
11:54people against the denial of information by this government. The third dimension of executive
11:58accountability is discursive accountability. Citizens in a democracy expect their government to be able to
12:04justify their actions by way of public discourse with civil society. This government on a daily
12:10basis is pursuing unconstitutional methods of restricting freedom of the press and freedom of
12:14speech. Its ill-conceived amendments to the IT rules to create fact-checking units was recently struck down
12:21by the Bombay High Court as being violative of articles 14 and 19 of the constitution. The latest UP police
12:26cases against fact-checker Mohammad Zubair when the UP police is invoking de facto sedition against a fact-checker
12:33who is documenting hate speech. This is preposterous. I am one of the petitioners challenging the
12:38constitutional act of the sedition law and the Supreme Court has very clearly stated that no coercive
12:44action will be taken on alleged sedition cases till the matter is decided. Yet the government doesn't
12:49stop. The Bharatiya Naya Samhita which the ruling party brought in last year when most of the parliamentarians
12:55were suspended they said we are dropping sedition but you also replaced it with a far more draconian
13:00section 152. There is also something else which we all need to think about. The VNS for the first time
13:07adds terrorism as a punishable offence and defines it as an act that intends to threaten the unity,
13:15integrity and security. So the crime of terrorism is no longer anchored in an actual act. It is anchored
13:22in an intent or a thought. This means that from now onwards the parents of disappearing,
13:27disappearing Kashmiris or disappearing Manupuris who are protesting peacefully in a park can be
13:33accused of being terrorists. What they do or do not do in that park while they assemble is besides
13:38the point. As long as a police officer is convinced that they have the intent to do something they can
13:42be terrorists. This makes terrorism a thought crime. Madam Chairperson, this is closer to the
13:48letter and spirit of the dystopian reality in George Orwell's 1984 than it is to the constitution
13:53of India. Let me turn to how the policy of a thousand cuts has damaged our institutions.
13:59Institutions like the Enforcement Directorate and the CBI have turned into extortionist departments
14:04for the government. Fourteen political parties approached the Supreme Court against the coercive
14:09criminal actions of these two agencies. Ninety-five percent of cases by these two agencies are against
14:14opposition politicians. Since 2014, twenty-five opposition leaders facing corruption have crossed
14:20over to the BJP. Twenty-three of them have got reprieves. Three cases are closed. Twenty cases are
14:25stored. For years, the CBI was used to put pressure on NDTV and its promoters via a bogus case.
14:32Now that the channel has been captured, it has been sanitized, CBI says that there was never any case to
14:37to start with. Airports and large infrastructure have been captured by crony capitalists by similar
14:43misuse of the ED and the CBI. In a cooked-up case against me, the CBI is wasting precious time
14:48and resources looking for a scarf and lipstick that a friend gifted me. These actions have cost
14:53India the first-ever human rights violation by the Inter-Parliamentary Union in Jiriva,
14:57the global body governing all national legislatures. After the abrogation of Article 370, there has been a
15:03flagrant crackdown of the constitutional rights of the people of Kashmir. Free speech and movement
15:08have been hampered, passports cancelled without any pending cases. Never heard of it. Manipur,
15:14an integral part of the Union of India, seems to have a complete breakdown of constitutional machinery.
15:20The failure of governance is stark. The Union Government, under Article 355 of the Constitution,
15:25is obligated to assist states in the maintenance of law and order. In May 2024, in the Supreme Court,
15:31Solicitor General stood up and said that violence is subsiding. Yet, horrifying incidents
15:35are happening every day. I petitioned the Supreme Court in the Manipur violence case. Senior Advocate
15:40Indira Jai Singh appeared for me. An expert committee was set up. But then after 27 or more hearings,
15:46there is no relief, there is no justice yet. Time constraints don't allow a more in-depth analysis,
15:52but it is crystal clear that this political executive of the past 10 years has systematically
15:57eroded democracy. It failed spectacularly on all three tests of constitutional accountability laid
16:03out by Professor Khaitan. Our Constitution is bleeding from a thousand cuts. The need of this hour is to
16:12ensure that the idea of India survives in its purest form. This burden is heavier on some of us than on
16:19others. The judiciary and the media have a far greater responsibility in protecting our Constitution
16:24than to normal citizens. History will not be kind to you, your lads and ladyships, if you falter.
16:29To every Chief Justice of India, past and present, I say this. Yours is not to worry about your personal
16:36legacy. Yours is not to take directions from God. Yours is not to have a private family function turned
16:42into a televised circus with a political executive. The Constitution is your only God. The Constitution should
16:49be the only Atiti who should be in your home as your Deva. Attention-seeking Divas do not leave
16:56legacies. Upholders and protectors of our basic sovereign rights will only be remembered. To the media,
17:02I say, you play a huge role in guaranteeing our democracy's survival. Live up to it.
17:07In conclusion, I pay homage to the 17 women of India's Constituent Assembly who laid the path for
17:25all of us, like me, to stand here today. And I would like to remind us of Vijay Lakshmi Pandit's words.
17:30Freedom is not for the timid. Protecting our constitution in these harrowing times requires
17:37courage. Let us rise to it. We will succeed. Jai Hind.
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