The Supreme Court on Wednesday turned its gaze towards turmoil sweeping Nepal and Bangladesh to underline the resilience of India’s own democratic fabric and reaffirm its pride in the Constitution.
A Constitution Bench, headed by Chief Justice of India BR Gavai, was hearing a presidential reference on whether courts can prescribe timelines for governors and the President to act on bills passed by state assemblies. During the exchange, the bench observed how political upheavals in neighbouring countries cast a stark contrast with India’s constitutional endurance.
“We are proud of our Constitution, see what is happening in neighbouring countries,” Chief Justice Gavai remarked, drawing attention to the turmoil across the border. Justice Vikram Nath interjected, “And Bangladesh,” widening the scope of the reference to India’s eastern flank.
The observations came as Nepal reeled from violent, student-led demonstrations that forced Prime Minister KP Sharma Oli to step down on Tuesday, following days of arson, attacks on institutions and mounting casualties. Protesters torched Parliament, the President’s office, the Supreme Court and the residences of senior leaders. At least 19 lives have been lost, with hundreds more injured in police action since September 8.
Also read: Nepal unrest spills over as India seals borders, tightens vigil
The Nepalese army has since imposed restrictive orders and curfew measures across Kathmandu and other towns. The restrictions, initially till Wednesday evening, are expected to continue through Thursday morning. The United Nations secretary-general António Guterres expressed grave concern, urging restraint, human rights compliance and dialogue, while calling for an independent probe into the fatalities.
The bench also recalled Bangladesh’s upheaval, referencing the student-led uprising last year that toppled the Sheikh Hasina government. Against this backdrop, Solicitor General Tushar Mehta, appearing for the Centre, reminded the court of India’s own democratic lessons from the 1975 Emergency.
“When Indira Gandhi imposed the Emergency, the people taught such a lesson that not just the party lost, she lost the seat. Another government came that could not manage the people, so the same people brought her back,” Mehta said.
To this, the Chief Justice responded: “…with a thumping majority.” Mehta agreed, adding, “Yes, this is the power of the Constitution. This is not a political argument.”
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