Page 80 - EW August 2023
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Books



         Emergency with              INDIA'S UNDECLARED                            an Emergency has not
                                                                                   been declared but all
         a difference                EMERGENCY:                                    institutions of the State
                                     CONSTITUTIONALISM & THE
                                     POLITICS OF RESISTANCE                        have been subjugated — an
                                                                                   “undeclared emergency.”
                                     Arvind Narrain
              HE MERRY                                                               Through six chapters
              month of May           WESTLAND PUBLICATIONS                         of powerful, clear and
                                     Rs.699          Pages 235
         Twas significant for                                                      descriptive narration,
         coronations in Britain, our                                               the author recounts how
         erstwhile colonial master                                                 since 2014 the rule of
         nation, and in its crown                                                  law has become selective
         jewel, India. On May 6,   Undeclared Emergency    An account of how       and is being diluted
         King Charles III, a long-  (2022). In this well   the Constitution is     by “a thousand cuts”,
         time prince in waiting,   researched volume with a   being subverted and    institutions that can hold
         was crowned King of      bibliography of 50 pages,   fundamental rights   the Executive accountable
         England and Head of State   the author chronologically   are being diluted since   are being infiltrated with
         of Britain in Westminster   and methodically traces   the BJP/NDA came to   RSS ideologues, and
         Abbey, London, amid      the arc of India’s fall   power in 2014          the judicial system has
         pageantry and splendour   from the world’s most                           become compliant with
         at a cost of 125 million   admired democracy                              compromised practitioners
         pound sterling.          to an “authoritarian     towards authoritarian rule,   of the law.
            On May 28, in         democracy”, and          Narrain draws a parallel   In this new era, the
         ceremonial splendour     pessimistically predicts   with the Emergency    RSS is playing a quiet
         of lesser scale, Prime   that it will disintegrate   (1975-77) declared by   yet dominant role, says
         Minister Narendra Modi   into a totalitarian state   then prime minister   Narrain. Through its vast
         bypassed the Head of State   driven to attain the ruling   Indira Gandhi. Stating   network of loyalists and
         to grasp an ancient sengol,   dispensation’s objective   that “seeing the present   education institutions in
         a symbol of power and    of transforming it into a   moment as part of longer   every nook and corner of
         sovereignty, from a retinue   Hindu supremacist nation.  history,” Narrain writes:   the country, it has been
         of chanting priests in the   Narrain’s credentials   “The closest parallel to   able to infiltrate hindutva
         new Parliament building in   are impressive. He is a   the situation in India   ideology in all sections of
         New Delhi.               Bengaluru-based lawyer,   today is the Emergency   society. Through its arm-
            The similarities of   visiting faculty at the   of 1975-77 when rights of   length militant affiliates,
         these ceremonial events   School of Policy and    expression and association   the RSS has unleashed
         must not be lost. In both   Governance, Azim Premji   were curtailed, dissenters   the power of the mob on
         instances, symbols of    University and currently   were arrested on a mass   minorities demonised by
         power and sovereignty    pursuing a Ph D at the   scale and a climate of   RSS and BJP propaganda.
         were sanctified by religious   National Law School of   fear pervaded all sections   Through its
         eminences, suggesting    India University. He has   of state and society. The   overwhelming majority
         that both coronations were   co-edited and co-authored   ubiquitous fear in turn led   in Parliament, the
         divinely blessed. The irony   several books on legal and   to the judiciary forgetting   Modi government has
         must not be lost either. A   constitutional subjects.   their (sic) responsibilities   brazenly bypassed the
         King, a monarch, albeit    Using his legal training,   and ceding full authority   Constitution and enacted
         with no power or authority   Narrain provides a step-  to the executive. The   a series of amendments
         in a functional democracy.   by-step account of how   media too surrendered   in farm, labour and
         And a prime minister,    the Constitution is being   its independence,” recalls   environment laws to
         servant of the people,   subverted and citizens’   Narrain.               enable corporations to take
         signaling that he is the   fundamental rights are   However, the difference   over the rural landscape
         absolute head of state in a   being diluted since the first   between then and now is   in a nakedly pro-corporate
         failing democracy.       BJP/NDA government       that the Emergency was   agenda.
            This usurpation of    led by prime minister    declared and passed by    Through a chilling
         India’s democracy is     Narendra Modi was sworn-  Parliament. Evidently   recitation of a parable
         the subject of Arvind    in at the Centre in 2014.   the new dispensation has   written by Martin
         Narrain’s recently         To make his case       learnt a lesson from the   Niemoller in 1939, Narrain
         published book, India’s   that India is descending   past. This time round   bares the strategy adopted

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