Can we say that Congress is 135+ year old party? Part – 2
But what is the legal position of the is issue judiciously?God knows as to why the Nehruvian Congress was not challenged before 1969 when it was not split up in two Congress?
It is better to call this Congress, “Nehruvian Congress” or “Indian Nehruvian Congress” however it has no branch in Pakistan and Bangladesh or elsewhere.
Why the Nehruvian Congress or the so said Congress, has no branch elsewhere in the other countries?
It is only because, all the Congress members including its leaders, had ran away from Pakistan to India at the time of partition on plea of the fear of unsecured life in Pakistan for Hindus.
MK Gandhi had made a public statement that “You ran away from Pakistan, and you say your life was not safe in Pakistan. Why?
I have taught to die. Had you been killed there, I would have been extremely happy. I would have danced … I would have danced and danced with a joy. But like a coward you ran away from Pakistan. I have never taught you this…”
Off course some people suffering from “MK Gandhi-phobia” put this statement as if it was addressed to a lot of common migrant from Pakistan into India. Because it fits to their agenda to find every fault with MK Gandhi only.
Leave this topic of phobia aside.
We should not forget;
(1) We should not forget that Muslims have many communal parties in India including Indian Muslim League. In this and all other Muslim parties, only Muslim are allowed to be the member of the party.
(2) Congress failed to have “Pakistan National Congress” and “Bangladesh National Congress” parties in Pakistan and in Bangladesh respectively.
Why?
(3) Because Congress leaders willfully forgot the advice of MK Gandhi. MK Gandhi had told that “I will come to Pakistan once Delhi becomes peaceful”.
(4) Actually the Congress leaders killed the scope of reuniting India.
(5) To go to Pakistan was the next step of MK Gandhi. By going in Pakistan, he was to convince the common mass to fight against the division of India. If the leadership fails to prevent the partition, only the common mass can reunite the nation.
Any way Leave this topic too, aside.
(6) Because this was not the topic of the subject line. But the Congress has deviated from its principle.
Can a democratic party be a dynastic party by its principles or by it action?
What is meant by Dynastic Party?
(1) If a person who held Number One post in the party, a progeny of that person also would hold the Number One post directly, then such party has to be termed as dynastic party.
(2) Nehru had made such arrangement for India. Indira had made such arrangement for Sanjay. But Sanjay Gandhi died accidently.
(3) Indira Gandhi installed not only a Rubber Stamp President of India, but also a President completely devoted to her.
(4) The Indian President was so much devoted to India Gandhi, that he was ready to broom, if Indira Gandhi said so.
(5) Thus after Indira Gandhi, Rajiv Gandhi was installed as the Prime Minister of India by Zail Singh the then President of India. This was done before the dead body of Indira Gandhi, gets cremated. Such a practice is prevailed in monarchy.
(6) The President of India did not follow prescribed procedure which was mandatory for a democratic country and as per the constitution of India, by Zail Singh. And we know what is happening till date in Congress.
But what about the Real Congress (1951 to the dispute aroused in 1969)?
Yes. We can now forget the aim of a party and the moral binding of the party, and we accept the party is a political party.
In this case what should be the criteria that can decide the original party?
Now suppose the party breaks into two. Then which fraction should get the inheritance of the original party?
What does the constitution of the party say?
(1) Party has a president. President is the Number One power post in the party.
(2) The central working committee holds the power of making the decision on any issue related with the party policy including disciplinary action against any member.
(3) The party president is elected in the General Conference by the delegates by majority. These delegates were elected by the state general body meeting of the members, in proportion to its membership in the state.
(4) Party has a central working committee. It consists 50% elected members by the delegates in the general Conference. The remaining 50% of working committee members are selected and appointed by the elected party president.
(5) The party president will take the decisions on majority basis of the Central Working Committee members.
(6) President will hold the post till he enjoys the majority or to the prescribed period under the party’s constitution.
(7) The president is authorized to call for working committee meeting, and general conference of the party with asking for points of discussion and to be decided and to be put into agenda.
(8) The party President and then circulates the agenda.
(9) The Coram of the meeting follows general rules of a meeting.
(10) Any member can ask the president under the signature of 20% members (this 20% presence is the Coram under general rule of a meeting. If there is no Coram, the date of the meeting must be extended.
(11) If the president is satisfied on the ground, or the president of his own, can call for emergency general body meeting in consultation of the working committee member.
(12) Any member can ask the party president or of its own, can call for a requisition meeting provided majority of the members supports him/her.
What had been happened in 1967-69?
Leaving aside many other disputes related with ministerial powers prevailing in Congress party;
(1) The central working committee had selected by its majority, Sanjeev Reddy as the Congress Candidate for the Indian Presidential election.
(2) Indira Gandhi was not in favor of his candidature. But as per the majority decision of the central working committee, she had to sign the candidature of Sanjeev Reddy, as the leader of the Congress party of the parliament.
(3) Indira Gandhi asked VV Giri to file his candidature. VV Giri deed it.
(4) Indira Gandhi and her gang propagated false sexual allegations by distributing pamphlets in central hall, against Sanjeev Reddi at the day of the election.
(5) Sanjeev Reddy got defeated. VV Giri won.
(6) As the leader of the party Indira Gandhi asked the Congress party president Nijalingappaa, to call for the emergency general body meeting. Nijalingappa refused to call because the regular general meeting was due after only few months.
(7) Central working committee dismissed Indira Gandhi from the leadership of the Congress party..
(8) Indira Gandhi called for requisition meeting. She enrolled new and bogus members. Some old members defected to Indira Congress ignoring the directive of the Congress (N).
(9) Some defected members and the new members attended the general conference. In this requisition meeting Indira Gandhi dismissed Nijaligappa from the party’s presidential post.
(10) Indira Gandhi installed herself as the party president.
Now these both the Congress-s claimed the original heritage of the party. Case was filed in 1969.
(1) As an interim measure, the CEC withhold the symbol of Congress. Allotted different symbol to each party.
(2) Congress (I) i.e. Congress lead by Indira Gandhi selected Cow and her two Calf as the party symbol. Congress (N) lead by Nijaligappa selected a man with the spinning wheel.
(3) By this time Indira managed the majority in L.S. by taking supports of CPIM, Muslim League, some defected members and some other miscellaneous parties.
(4) In the general election of L.S. 1971, Indira gained clear majority.
(5) To win the elections and to get the majority is one thing. And to administer efficiently and to do progress is another capability. Despite of winning the war in 1971, Indira Government failed in all of the development and the diplomacy fields.
(6) Public agitation started and Indira Gandhi imposed emergency. She arrested all the persons who opposed her, and put to jail say 66000+ for indefinite period.
(7) Emergency collapsed by its own wait. Failures remain as they were.
(8) Congress (O), Jan Sangh, SSP, Janata Dal, Republican etc… got united and formed a Janata Front. They defeated Congress (I) in 1977. Then in the leadership of Moraraji Desai, Janata Party was constituted.
(9) Congress (O) was dissolved. Janata front converted inot Janata Party.
(10) Till this date SC did not give its verdict.
(11) In 1979 Charan Singh took the support of Indira Gandhi and toppled Janata Party Government. Then Indira Gandhi betrayed and toppled Charan Singh’s government.
(12) President of India declared general election and Congress (I) won the elections with a clear majority.
(13) Now the SC thought a proper time to give its verdict on the dispute.
(14) The SC said that in the Democracy, public is supreme. The victory of Congress (I) had been considered the criterion of deciding base. SC said, because Congress (I) has secured more L.S. seats, the heritage should go to Congress (I). Off course the SC did not gave any verdict on the property. Viz. Intellectual property of heritage and the real property.
(15) This was a funny and ridiculous judgement.
How was it funny and ridiculous?
(1) The SC did taken a cut-off date as the criteria of the number of the LS members of new parliament of 1981. At this time the Congress (N) was not existing, because it was sissolved in 1977.
(2) Now suppose the Congress (O) had not been dissolved and it would have continued, then in the time to come the Real Congress would have been flip-flopped several time, because in democracy elections are held time to time as a routine. Every time different party may win with different number of seats. The possibility cannot be ruled out that in one or other L.S. elections Congress (N or O) can get more number of seats in L.S.
What should have been the appropriate criteria for deciding the heritage of a party when it gets spitted up?
(Continued)
Shirish M. Dave