"11. Vol. III No. 17 September 5 - 19. 1988 New Delhi Fortnightly
Rupee
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59th Constitutional Amendment
Back To Emergenc,y? By Baiju he absence of restraint upon the existing social cond itions which are essential in a civilized society conjures up the liberty of the members of the society. How f~r is it unembellished in the context at the 59th Amendment to the Constitution of the Republic of India is a remote plot line to compare with . Public disgruntlement at the Amendment has cold feet in thinking highly of the motive behind the Amendment. While some citizens are blaming the Executive, some are accusing the J~diciary and yet some others pointing their fingers at the President. Why all these? Is there no one responsible for this? Are the people afraid of another EmergencY?
The PresIdent
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The Supreme Court alf-a-century of relying on Supreme Court for justice has . """roved only the old Adam . Justice , ,as denied not only because of delaying but debilitating the postulation of human freedom itself. The populace of the subcontinent are starving for novel deterrent action to save, at least, the rights which they gleaned from the state of nature.
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Spacious public enlightenment coloured by a free and independent Press is the only system to arrest, the unconscionable waxing of repressive laws.
hene ver the c ii izen s' liberty is transgressed, the 'freemen ' have started peste rin g the Preside nt's interminable sleep. The prostrated Head of the State lend s an ear to the visitors and retreats to th e Land of Nod. The cycle continu es. But, whenever th e visitors a,ra from the othe r camp, the President knows that he has to give his assent if he vvants to rem~in President, what a pity r.ondition it is! The Republic is at the mercy ot a few chairiords! The President '"himself was forced to sign his death war ~ ;}n t en 5 November 1971. T he consequential Constit ution (1 we ~ lY Fourth Amendment) Bi ll, i 971 , introduced in the Lei<: Sabha by the then Union Law Mimster H,R. GOKhaia added the new Clause (2) to A1icle 368, The werd e of the clause ware as simple a.:; "~It shall be presented to the Preside nt who shall give his assent to the Bili and thereupon", but the impact was treme ndous. Th e co nstitution al democracy was converted into a const itutional dictatorship. Its latest reverberation is the 59th Am endm ent. The President could not refuse his assent as the people's right had always been inferior to the Presidency!
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t the outset, without going into the merits and demerits, I wish to state that I am totally against the National Security (Amendment) Bill, 1988, as it was bad conceptually and it was a wrong time to introduce it. It wi" serve no useful purpose. It will do more harm than good, and the
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In This Issue '....,..
Page
Moderates VS"Mllltants 3 if Punjab And The Country 5 tI Marriage And Communalism 6 tI People's Struggle For Survival 7 tI The Nation State Model 8 tI Short Story,; The Din 10 tI Religious Institutions 'Bill 11 tI Post·Zia Pakistan 16 tI
"Government Cannot Browbeat People" minorities will feel more alienated. And with some justice it will be considered an interference in the ' religious practices, This Bill is an addition to the many black laws
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suffer in consequence are the I Minister, this Bill will be followed people who need your help, by another _Bill which will deal understanding and sympathy. This more comprehensively on how to is going to hurt them most. As keep religion and pol itics apart already declared by the Home after further discuss io n and thought. If so, whe re is the need to ram th rough this Bill, half-baked "The National Security (Amendment) Bill, 1988, is as it is? anti-people, ami-democratic and bad in law", revealed Secondly, the present situation Gen. JAGJIT SINGH AURORA in a speech made in has been with us for a long time the Parliament. He also warned the government that in Punjab, certainly since 1982, if not before. There was a time when the Bill as well as such other black laws would create the Congress Party encouraged greater bitterness, alienation and loss of faith in the gov- stockpiling of arms in the Gurd· ernment. THE FORUMGAZETTE is reproducing t,he wara Mehta Chowk. If it is all right to stockpile arms in one Gurdwara, made for Punjab. This wi" be as ineffective as others because you make them for people who are outside the law. The people who
d:1lmtless ami div',llging speech.
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