NEW DELHI: Union minister Arun Jaitley on Friday attacked the Congress, pronouncing the party supported the "tukde tukde" agitation on the JNU through calling it a "legitimate free speech", whilst the first Prime Minister, Jawaharlal Nehru, amended the Constitution to restrict Syama Prasad Mookerjee's advocacy of 'Akhand Bharat'.
Mookerjee, whose beginning anniversary falls nowadays, was the founder and President of Bharatiya Jan Sangh, the precursor of the Bharatiya Janta Party.
In a blog, Jaitley said there were many in India who had been hostile to the very concept of partition and amongst the leading opponents indubitably was Mookerjee.
"He was one of the key advocates of a united India which he referred to as Akhand Bharat. Two days before the 'Nehru-Liaquat Pact' was to be signed in April 1950, Dr Mookerjee, who was Industry Minister in the first Cabinet as a Hindu Mahasabha representative, resigned from the Cabinet in protest and took strong public position against the Nehru-Liaquat Pact," the senior BJP leader said.
Mookerjee, he said, spoke broadly in Parliament and outdoor, opposing the pact and advocating his philosophy in brief of 'Akhand Bharat'.
"Pt Nehru over-reacted to Dr Mookerjee's grievance. He interpreted the very concept of 'Akhand Bharat' i.e. united India as an invitation to battle because the country may just no longer be reunited rather then through struggle.
"He, due to this fact, prompt Sardar Patel to believe what motion could be taken," said Jaitley, who's convalescing from a kidney transplant operation.
After session with Constitutional experts, Sardar Patel's opinion was that he may just no longer save you Mookerjee from propagating his concept of 'Akhand Bharat' underneath the Constitution and if the Prime Minister sought after him to forestall this, the Constitution had to be amended.
The Bill to amend the Constitution which, amongst others, contained the restriction on the subject of 'pleasant relations with overseas states' was introduced in Parliament, he said, including it was passed regardless of objections through leaders like H V Kamath, Acharya Kripalani, Mookerjee and Naziruddin Ahmad.
"Was this intolerance in opposition to Dr Mookerjee and his philosophy which prompted this Constitution modification? The solution is plain," Jaitley said.
But the major paradox nowadays is that the essence of this modification was that a mere speech advocating 'Akhand Bharat' is a danger to the rustic, it may be an incitement to a struggle and, due to this fact, any communicate of the same may well be prohibited, he said.
"It may just even be made a penal offence. The paradox in our jurisprudential evolution is that we have got carried out a unique yardstick to those who want to dismember India and devote an offence of sedition. This debate lately came into leading edge during the 'Tukde Tukde' agitation on the Jawaharlal Nehru University," said Jaitley, in an obvious attack on the Congress.
In the previous 70 years, he said India has witnessed a metamorphosis within the scenario the place Pt Nehru amended the Constitution in order that a requirement for 'Akhand Bharat' may just incite a struggle and due to this fact should be prohibited.
"On the opposite, we all had been instructed that to advocate a breakup of the rustic without inciting violence is official free speech," the senior minister said.
A bunch of students had allegedly raised anti-India slogans like Bharat tere tukde honge (India, you'll be disintegrated) on the JNU campus in February 2016 and circumstances had been filed in opposition to some students.
The BJP had criticised Congress leader Rahul Gandhi for visiting JNU after the incident.
BJP leader Amit Shah had said the Congress should be "ashamed" of Gandhi's visit to the JNU campus and questioned whether "anti-national slogans" can also be called freedom of speech.
Meanwhile, JNU scholar Umar Khalid on Friday said the scholars won't "lie low" and vowed to challenge in court docket the JNU panel's advice upholding his rustication in reference to the February 9, 2016 incident in opposition to Parliament assaults convict Afzal Guru's putting during which anti-national slogans had been allegedly raised within the campus.
The JNU inquiry committee upheld Khalid's rustication and a effective of Rs 10,000 imposed on Kanhaiya Kumar, the then students' union president, in reference to the campus match in opposition to Afzal Guru's putting.
Mookerjee, whose beginning anniversary falls nowadays, was the founder and President of Bharatiya Jan Sangh, the precursor of the Bharatiya Janta Party.
In a blog, Jaitley said there were many in India who had been hostile to the very concept of partition and amongst the leading opponents indubitably was Mookerjee.
"He was one of the key advocates of a united India which he referred to as Akhand Bharat. Two days before the 'Nehru-Liaquat Pact' was to be signed in April 1950, Dr Mookerjee, who was Industry Minister in the first Cabinet as a Hindu Mahasabha representative, resigned from the Cabinet in protest and took strong public position against the Nehru-Liaquat Pact," the senior BJP leader said.
Mookerjee, he said, spoke broadly in Parliament and outdoor, opposing the pact and advocating his philosophy in brief of 'Akhand Bharat'.
"Pt Nehru over-reacted to Dr Mookerjee's grievance. He interpreted the very concept of 'Akhand Bharat' i.e. united India as an invitation to battle because the country may just no longer be reunited rather then through struggle.
"He, due to this fact, prompt Sardar Patel to believe what motion could be taken," said Jaitley, who's convalescing from a kidney transplant operation.
After session with Constitutional experts, Sardar Patel's opinion was that he may just no longer save you Mookerjee from propagating his concept of 'Akhand Bharat' underneath the Constitution and if the Prime Minister sought after him to forestall this, the Constitution had to be amended.
The Bill to amend the Constitution which, amongst others, contained the restriction on the subject of 'pleasant relations with overseas states' was introduced in Parliament, he said, including it was passed regardless of objections through leaders like H V Kamath, Acharya Kripalani, Mookerjee and Naziruddin Ahmad.
"Was this intolerance in opposition to Dr Mookerjee and his philosophy which prompted this Constitution modification? The solution is plain," Jaitley said.
But the major paradox nowadays is that the essence of this modification was that a mere speech advocating 'Akhand Bharat' is a danger to the rustic, it may be an incitement to a struggle and, due to this fact, any communicate of the same may well be prohibited, he said.
"It may just even be made a penal offence. The paradox in our jurisprudential evolution is that we have got carried out a unique yardstick to those who want to dismember India and devote an offence of sedition. This debate lately came into leading edge during the 'Tukde Tukde' agitation on the Jawaharlal Nehru University," said Jaitley, in an obvious attack on the Congress.
In the previous 70 years, he said India has witnessed a metamorphosis within the scenario the place Pt Nehru amended the Constitution in order that a requirement for 'Akhand Bharat' may just incite a struggle and due to this fact should be prohibited.
"On the opposite, we all had been instructed that to advocate a breakup of the rustic without inciting violence is official free speech," the senior minister said.
A bunch of students had allegedly raised anti-India slogans like Bharat tere tukde honge (India, you'll be disintegrated) on the JNU campus in February 2016 and circumstances had been filed in opposition to some students.
The BJP had criticised Congress leader Rahul Gandhi for visiting JNU after the incident.
BJP leader Amit Shah had said the Congress should be "ashamed" of Gandhi's visit to the JNU campus and questioned whether "anti-national slogans" can also be called freedom of speech.
Meanwhile, JNU scholar Umar Khalid on Friday said the scholars won't "lie low" and vowed to challenge in court docket the JNU panel's advice upholding his rustication in reference to the February 9, 2016 incident in opposition to Parliament assaults convict Afzal Guru's putting during which anti-national slogans had been allegedly raised within the campus.
The JNU inquiry committee upheld Khalid's rustication and a effective of Rs 10,000 imposed on Kanhaiya Kumar, the then students' union president, in reference to the campus match in opposition to Afzal Guru's putting.
Jaitley uses Syama Prasad Mookerjee's anniversary to attack Congress on free speech debate
Reviewed by Kailash
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July 06, 2018
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