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JUSTICE HEGDE COULD HAVE BEEN THE PRESIDENT

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The epithet ‘committed’ is ordinarily regarded a positive attribute. But I recall political discourse of the late sixties and the early seventies when suddenly this adjective began being used in a manner as never before.

One started hearing phrases like committed press, committed bureaucracy and committed judiciary – phrases that sounded very worrisome to all lovers of democracy.

The last of these three phrases was particularly upsetting. Indeed, it was believed that it was in pursuance of this concept of a committed judiciary, that Prime Minister Smt. Gandhi in 1973 superseded three senior judges, Justice K.S. Hegde, Justice J.M. Shelat, and Justice A.N. Grover and appointed Justice A.N. Ray, junior to all these three, as Chief Justice of India.

It was this event that brought me in close touch with Justice K.S. Hegde, and his family, a relationship that has lasted all these decades, since then. But it is only recently while looking back at the dark days of the Emergency that I discovered that this supersession of judges had a lot to do with the election petition against Mrs. Gandhi, and particularly with Justice Hegde personally.

Every one now knows that it was the Allahabad High Court verdict in that case which triggered the Emergency. Bishan Tandon’s PMO DIARY is an authentic and revealing account of all that went on in the Prime Minister’s Office in those days. The book quotes Law Minister Gokhale saying that Mrs. Gandhi was terribly afraid of Justice Hegde becoming the Chief Justice of India. That, she apprehended, would have a serious impact on the election petition against her.

In his Diary, Tandon says that he asked Gokhale that if he was so unhappy with the supersession decision why did he not quit? Gokhale said that he “thought that the harsh attitude towards the judiciary was due to Hegde and once the election petition was disposed of, it would change … after the disposal of the election petition he (Gokhale) would be able to persuade the Prime Minister not to ill-treat the judiciary. But the decision on the election petition changed the entire situation.”

In his interaction with Bishan Tandon, Gokhale had been extremely candid. Tandon reports in his book “Gokhale admitted that he was scared to resign during the Emergency. He firmly believed that if he did so the Prime Minister would send him to jail for which he was not prepared in view of his health. Concluding the talk on the point Gokhale said, ‘Bishan, you might consider it my weakness or anything else, the fact is that I did not want to go to jail’.”

* * *

The closer I came to Justice Hegde the greater became my respect for him. In the Lok Sabha elections held in 1977 the Janata Party swept the polls and Shri Morarji Bhai Desai became Prime Minister. He included me in his Cabinet as Information and Broadcasting Minister, a portfolio he let me opt for because of my press background. I may mention however that he used to discuss with me freely matters other than my portfolio as well.

I recall that in the early days of government he started sounding me as to who would be the right choice for certain constitutional offices that had to be filled – as for example Lok Sabha Speaker. My immediate response was: Of all the Speakers I have watched as a journalist, I found Sanjiva Reddy the best. In his management of the House, much more than the Rule Book he depended on common sense and wisdom in dealing with members. When the discussion veered to the issue of Presidency, I said to Morarji Bhai that the best name that I can think of in terms of erudition, non-partisanship as well as grace for the office of Rashtrapati is that of Justice K.S. Hegde. Shri Desai’s response was : I am inclined to agree with both these names. But Shri Sanjiv Reddy is keen that he be named for President. And the manner in which he earlier lost that office even after being named by the Congress Party Parliamentary Board, I feel his keenness is understandable.

And that is how Shri Sanjiva Reddy became Rashtrapati in 1977, and Justice Hegde became the Lok Sabha Speaker.

***

I have conveyed my deep gratitude to Shri Santosh Hegde for the immediate and warm response he made to my request to continue as Lokayukta of Karnataka, and not press his resignation. I am sure that the State government will take full care of his concerns.

L.K. Advani
New Delhi/ Djakarta

July 10, 2010

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28 Responses to “JUSTICE HEGDE COULD HAVE BEEN THE PRESIDENT”

  1. Raghu Says:

    “I am sure that the State government will take full care of his concerns.”

    Sir, If the above stated words were true then why Justice N Santosh Hegde plans to go on a four-day leave ?Me too irked by the fact that it insulated the chief minister, ministers and legislators and held back prosecution powers from Lokayukta.

    Then what is the use of Lokayukta if he cannot punish CM or ministers if he were to found them guilty. Are they above us? Is the law only applicable to ordinary citizens?

  2. srinath Says:

    Speaker Hegde attended the 5th Conference of the Commonwealth Speakers and Presiding Officers held in Canberra (Australia) in August-September 1978 and the Meetings of the Executive Committee of the CPA held in Perth (Australia) in May 1979 as regional representative for Asia. Hegde also led Indian Parliamentary Delegations to Romania, Bulgaria and Poland in June 1979 and to the former Soviet Union in June-July 1979.

    A voracious reader, Hegde had to his credit some acclaimed publications like Crisis in the judiciary and Directive Principles.

    During the short period that he remained the Speaker of the Lok Sabha, K.S. Hegde made a distinctive contribution not only In upholding the high office of the Speaker but also in consolidating parliamentary institutions in the country.

  3. PUNEETH Says:

    Respected Advaniji,

    The government has moved with considerbale speed to keep the commitments made to you but I sincerely feel that its only a half-hearted attempt and even Justice Hegde has expressed his disappointment on the move to keep the CHIEF MINISTER, MINISTERS and the MLAs out of the empowerment of LOKAYUKTA to investigate !

    But a move has been initiated is a positive enough !

    Respected Advaniji, It was during NDA regime that peace process and talks were initiated with the HURRIYAT CONFERENCE in J&K. Just like you saved BJP in KARNATAKA, you need to interfere in J&K also and call upon the BJP, NC, PDP and the HURRIYAT to stop violence and halt the loss of life of unarmed women, youth and children !

    Regards

    PUNEETH KUMAR
    BENGALURU

  4. PUNEETH Says:

    Respected Advaniji,

    I have read that you have asked the present BJP leadership to regain the confidence of the countrymen as a “PARTY WITH A DIFFERENCE”. I seriously believe that one of the issues to prove this could be to denounce the the KHAP PANCHAYATS. The BJP might lose HARYANA but this would be a small sacrifice compared to the gains that would be made by way of the impact it would have on the youth of this country.

    Regards

    PUNEETH KUMAR
    BENGALURU

  5. Vinay Sharma Says:

    Dear Advani ji, you are litereally silent on the issues raised by Lokayukata Santhosh Hegde. Rather than appealing to him, it would be well and right that the looters of lakhs and lakhs of tons of seized iron ore (obviously done by Bellary Marifa) should be booked and put behind the bars.

  6. Sudhakar Yadav Says:

    Dear Sir,

    I think you have taken a good initiative in the case of Lokayukta of Karnataka. Really, now-a-days, nation is looking forward to such good decisions.

    Regards

    Sudhakar Yadav

  7. Dhairya Shah Says:

    You are surely a legendary figure. Everyone failed to convince Hegde but it was your request which prevented him from resigning. This shows your tall status in public life in our country!

  8. Sanghamitra Says:

    I have been a swayamsevak since I was 5 years old and had been successfully running a shakha at my home town till I left for my job to Bangalore.

    Its very painful to see that few BJP assembly members export iron ore illegally and government of karnataka and Chief Minister himself knowing this are helpless to act against them as they have emerged powerful monetarily and can even topple government with their muscle and money power. Justice Santhosh Hegde resigned for the same reason but you have personally persuaded him to stay back but I strongly suspect how long he will stay and work with corrupt government of Karnataka.

    Everyday we pray Namaste Sada Vatsale Matrubhume but what we are doing and what we are praying is very different and opposite.

    Please look into this matter seriously and address the same for the benefit of common man who is shattered by so many issues like internal security, price rise etc.

  9. Prashant Says:

    Dear Mr Advani,

    I doubt if your government in Karnatka is capable of satisfying Mr Hegde’s valid concerns because for the simple fact that rogue and corrupt elements, whom Mr Hegde is pursuing, are part of very same government. You are swimming in troubled water and forcing others like Mr Hegde to swim too. I am pretty sure he ( Mr Hegde) will not succumb to dirty tricks of your K`ntka government and will resign soon again.

    If you want to save your face, you must constitute a consultative and monitoring team to oversee the implementation of your assurance given to Mr Hegde and keep BJP’s head high.

    Regards

    Prashant

  10. p.v.gopalakrishna Says:

    Dear Advani ji,

    You have well experienced the dark and worst days of emergency and its hopeless effects on democracy. you have also recounted how the hollow congressmen have been spoiling the nation. Unfortunately the BJP party did not do anything to break the deadlock. Even today we are facing the same problems. BJP did one major mistake. Instead of following the footsteps of Congress it should have announced its own manifesto. BJP should have announced that it is going to build a Hindu nation.

    I strongly feel that if BJP does this, it will get an absolute majority in Loksabha. Why are we afraid ? Thousands of Indians have shed their blood to get independence. Now we are to shed blood for the sake of building a Hindu nation.

    And why not ???? When our own child Bangladesh can declare itself as a Muslim nation why not us ???? THIS IS A VERY BIG MISTAKE THAT BJP IS MAKING BY NOT FOLLOWING ITS OWN PRINCIPLES. IN THE NAME OF SECULARISM AND FRIENDSHIP, BJP IS MAKING INDIA A COWARD. FOLLOW THE FOOTSTEPS OF SRI SHYAM PRASADA MUKHARJEE, DEEN DAYAL UPADHYAYA. MAKE INDIA A HINDU NATION.

  11. P GOPAL SHASTRY Says:

    UNLESS CITIZENS ARE DISCIPLINED AND LOVE THEIR NATION, DEMOCRACY WILL BE A FAILURE. I HAVE NOTICED THAT DURING EMERGENCY, CORRUPTION WAS UNDER CONTROL, POPULATION CONTROL WAS THERE, DICIPLNE WAS THERE IN OFFICE PEPOLE AND THEY WERE AFFRAID TO DO WRONG THINGS. PRESS WAS DICIPLNED, NO UNDUE IMPORTANCE WAS GIVEN TO POLITICIANS AND COUNTRY AS A WHOLE WAS CALM AND PEACEFUL. HAD SANJAY GANDHI LIVED CERTAINLY POPULATION WOULD HAVE BEEN UNDER CHECK.

  12. pdkamath Says:

    Dear Sir, Your post takes me to days of ratha yatra which was having a agenda of saving Hindu society from vertical split because of Mandal commission controversies.R.yatra brought BJP to centre stage of politices but you became a villain from Ajathashatru. You said, climbing the back of a tiger may be easy but getting down will be the end of rider. Your scarifies has saved Hindu society from disintegration and made BJP a strong political force which was an impossible task till then. Now you have been put on the back of another tiger by S. Hegde in the form of taking back his resignation and repeat of earlier mistakes from Govt of Karnataka may become counter productive for BJP as party with difference and you as a political leader with clean image. In the process of countering the ill designs of Congress and JDS Karnatak BJP is slowly dipping deep in corruption. We cannot justify these and it is high time for central leaders like you to warn them with actions.

  13. Mahesh Maradi Says:

    Respected Advani ji,

    Thank you for sharing some inside info of Indian Politics. I did not know about family background of Justice Santosh Hegde till today. Rather I didn’t make an attempt to know his family background.

    His resignation just couple days before two year celebration of the BJP Government and his free statements in media was making me to think something wrong about Justice Hegde. I was under the impression that he was doing all these with help of other opposition parties.

    Later on his withdrawal due to respect to your words changed my impression little bit. Now knowing his family background through this blog and their commitment to judiciary and country has changed my complete impression on Justice Santosh Hegde. I sincerely wish him all the success to fight against corruption in this country. Thank you for sharing your thoughts through this blog.

    Regards,
    Mahesh

  14. Praveen Shankar Kapoor Says:

    Dear Advani ji,

    At times I may have been critical but in my heart, I simply love & respect you. And thats mainly because of two reasons, one I joined BJP at your hands at a rally at Khari Baoli, Delhi in 1991 and two, because you are the only real Leader in BJP. I say so because leader is the one who decides the course of his party and for last 20 years BJP has run on the course provided by you.

    Today I don’t wish to criticize but just comment - you could have avoided writing this article on Justice Hegde on your blog. BJP already has too many issues…so why rake up more. Besides Hegde has been saying things that in simple language mean that Karnatka government is not clean. In Karnatka we have B.J.P. govt. and such issues mean all is not well with Karnatka govt.

    By entertaining and engaging Hegde, we have silently accepted that BJP’s conduct in Karnatka is under clouds. Hope you agree with me that this blog could have been avoided !

  15. Sanghamitra Says:

    I have found that many people who were moulded by RSS/ABVP and sent to BJP are found brazenly corrupt involved in large scale corruption and mis management of government affairs. Don’t know this is individual issue or problem with not having evaluation mechanism. In congress, at least everyone from booth level worker to party’s general secratary are scared of one family but we do not have any such mechanism. Tthis does not mean that I am supporting congress culture but we have to learn something from them. RSS being a mother organisation should at least do periodic evaluation. When we cannot correct a few corrupt people, who are active in public life and terming it as their contribution to the society, then the very idea of moulding people at large becomes a farce. Though individuals do not matter in the long march of the organisation, it matters to people like me who find it shocking to know that these same Karyakarthas with whom we worked have become unashamedly corrupt.

    Please look into this.

  16. chandramouli Says:

    Advani ji,

    This is Chandramouli from Karnataka. Your Party and RSS are known for their honesty and integrity, but in Karnataka, this has no meaning. Mr. CM keeps quite on the on-going issues, all mine-owners are showing their muscle power and they are blessed by party’s top leadership in Delhi. No one can talk against them. I am not writing against your party. I have also been in RSS, But in Karnataka, RSS also does not seem to have any ethics.

    Sir, you are the only man who can take action against these people. I hope you will take the right step before it’s too late.

  17. Sreedhara K S Says:

    Respected Advani ji,

    I had the privilege of being in ‘ANUCHARANA’ to you during your Mysore visit in the year 1993.

    While I appreciate the action of Karnataka government after your intervention, I am disappointed to see a ‘LOST OPPORTUNITY’ to prove that the BJP is indeed a ‘PARTY WITH A DIFFERRENCE’. I understand that the Lokayuktha ia not a God. If given power, these people can put the ministers and the government in an embarrassing situation. In spite of this, LOKAYUKTA could have been empowered to investigate CM, Ministers and MLAs with some conditions. The following are my immediate suggestions. If the empowerment happens, there will be not stoppage for BJP. Administration will also become clean (at present it is very corrupt) :

    1. Prove the charges within a period of 1 month of serving the notice.
    2. Raids and notices may not be made in front of press. They can be confidential.
    3. If Lokayuktha fails to prove the charges within one month, a CERTIFICATE is to be given to the individual by Lokayuktha, saying that the allegations were wrong. This should be a public affair.
    4. If there are 10 such incidents of Lokayukta’s failure to prove the charges, he will have to resign.

    Sreedhara.K.S. (9980017337)

  18. Praveen Shankar Kapoor Says:

    Please refer to what I said on 11 July — why rake up more issues for B.J.P. while suggesting that Advani ji should have avoided engaging with men like Mr. Hegde.

    Just see almost all bloggers after me have called B.J.P. Govt. & Party even Sagh in Karnatka Corrupt.

    What ever we say in praise of Mr. Hegde or his father but truth is neither Hegde senior nor his son have ever been active in B.J.P. and today he is trying to prune our Party.

    Take my word a year from now this Mr. Hegde may become a problem for B.J.P. be it as a epicenter of degrade B.J.P. corrupt campaign or as a rallying point of B.J.P. dissidence.

    Praveen Shankar Kapoor
    Delhi. 9873336731

  19. stokinghem Says:

    माननीय श्री अडवाणी जी सादर प्रणाम,

    आजकल बीजेपी में हो रहा है एक तरह से ठीक नहीं हो रहा |श्री जसवंत जी को आपने वापस लिया वोह ठीक नहीं अगर उसने अपनी किताब के लिए जाहेर में अफ़सोस व्यक्त किया होता |फिर आपने लिया होता तो की उनको कुछ पस्ताचाप हुआ है एइसा जनता को महसूस होता |और श्री उमा जी को भी पार्टी में वापस नहीं लिया जाता उसके लिए भी कार्यकर्त्ता ओ में और जनता में रोस है |इस साईट के साथ चलता फोरम को भी पार्टी ने बंद करवा दिया|जनता का विश्वास पार्टी में से उठता जाता है|और लगता है की यह एक सत्ता लालचु सांठ गाँठ करने वाली नेता ओ की टोली है|पार्टी विथ देफेरेंस जैसा तो अब कुछ लगता ही नहीं|जनता के द्वारा चुने हुए लोगो की तो कोई आवाज ही नहीं पार्टी में|राज्य सभा वाले लोगो की बोलबाला है|चुने हुए लोग आवाज भी नहीं उठाते ! आशा है आप यह बात समज पाएंगे और देस और पार्टी के हित में सोचेंगे|साथ में आशा है की यह बात आप तक पहुचेगी बिच में ही कोई काट नहीं लेगा

    |वंदे मातरम|भारत माता की जय|अगर आप फोरम फिर से चालू करवा सकते है तो देस की और पार्टी की जनता की बहुत बड़ी सेवा होगी|अविनय के लिए क्षमा प्रार्थी हूँ

  20. JayKumar Says:

    Sir,

    Why the harshest step was taken only against Shri. Keshubhai Patel in 2001 when BJP lost just 2 by-election in state ? The similar action was not repeated thereafter against any of the leaders in BJP or Sangh parivar members even though they were found to be corrupt and were involved in illegal mining ores from state?

    It was Shri. Patel who gave BJP a momentum in Gujarat in mid 90’s and thereafter in all elections followed in the state. Under his leadership he tried to consolidate votes of all communities irrespective of upper caste and backward castes. Such was his charisma in Gujarat, still, he was shown the door. Why?

    Its high time to fire all those involved in corruptions and illegal activities in the country. BJP might be worried about caste and community votes but if anyone is involved in unlawful activities even their own people wont stand by such leaders, so what makes BJP so much worried and stops them to take action against such leaders.

    People from Bangalore voted for BJP in BBMC election with great hope for development, so BJP should not let people down at any cost.

    Also, so many bloggers have expressed their concerns including even BJP’s own grass root workers, so it shows that situation is much worse. We all are aware how opposition and media have blown this issue out of proportion. This will most likely cause great harm to BJP in the coming future.

    It seems that Karnataka needs change of guard. Still 3 years to go for state assembly elections and BJP has enough time to rectify their own mistakes.

  21. kajal Says:

    Sir,

    Please see how well the opposition protested here in Karnataka over the mining issue wearing helmets and sleeping in the Vidhansabha. The opposition in all BJP ruled states is active but the same is not true of BJP in UPA ruled states. Why is it so?

    Never mind if you have not won the election, never mind if you have not been able to rule but if you would only help in bringing back the Swiss Money and erase our poverty it would be the greatest credit. Its equivalent to ruling for 100 years. So request you to oppose the delay in recall of Swiss Money, and also stage dharnas in Orissa and Jharkand and Maharastra where illegal mining is going on. BJP has to wake up from its stupor and fight for right cause. Do it just like the oppositon id doing here in Karnataka… make a statement. No bandhs please. I get the feeling that BJP is only playing a plain inconsequential opposition politics and not constructive opposition.

  22. vinod Says:

    Mr. Advani,

    Hope there is no difference in kathani and karni - let see those involved in illegal mining are punished.

    Hope your party president will focus on this issue rather trying to divert the focus by raising petty issues and making useless remarks on afzal guru…

  23. vaibhav Says:

    Respected Advani ji,

    I am a young student who is still trying to understand the things as they are. Sir, it’s the first time that I have tried to make a contact with you. I personally feel that what your thinking is very apt in view of the current situation in the country. Your’s is the only party which has the thought process to match the zeal of the youth…..but still sir I think there are a few things to be checked and the party needs reforms and new youthful and stable changes… alongwith the good work you need to work on good politics too……the way Rahul Gandhi did….I still do not know why senior and respected leaders like you didn’t give him a befitting reply….the country is fed up with their show offs …..Sir I would sincerely request you to clear my doubts about the party policies…..also please carry on with the afzal guru case…..don’t let the country forget that criminal…. he needs to be brought to justice …so that the others may get a lesson.

  24. Sumanth Says:

    Dear Advani ji,

    I don’t know whether you read this comment or not ..but one thing is sure. If BJP does not take any decision on Bellary brothers (Reddy brothers) …BJP will lose everything at national level even Modi factor will not do anything.

    It is in the Interest of the nation that you please take action on Reddy brothers even at the cost of the State Assembly. And if BJP can remove them, the glory will come automatically. But at the ground level the moral of BJP is down …the sooner we take action the sooner we will regain the ground otherwise BJP will find itself in history books !

    Reddy brothers are looting mines in karnataka as well as in Andhra Pradesh …in AP with the help of YSR family… Reddy brothers do not have right to continue in the cabinet …please remove them. Please take action on them so that BJP will not be a loser eventually…..Plz remove them.

    An Ardent BJP fan….

    Sumanth

  25. Shashi Yadav Says:

    Respected Sir,

    Although I admire BJP but I love to recognize the positive contribution of Congress leaders as well. I believe in picking up the positive qualities from others. Be it a famous personality or a common person. I admire Nehruji and Indira Gandhi in many ways. I also understand one more principle in life that once you are on powerful chair there might come so many unwanted situations which one may find it difficult to handle easily. Then comes a time to take a strong decision in the national interest to take control of situations which may not be in the interest of a few people. As one can never make all the persons happy, you will always have some enemies who will create problems.

    BJP also made some mistakes in the past. You too did not utilize the time to gain confidence of people and that is the reason it is becoming difficult to make a come back. One needs to give a best shot once in chair and fulfill the promises made during the election in minimum possible time to prove your worth.

  26. Abhishek Says:

    Dear Advaniji,
    You have said on numerous occasions that the BJP is a party with difference. Over the years, we have come to believe this. For many years, I have equated the BJP with political integrity and morality.

    Unfortunately, the recent situation in karnataka has severely dented the BJP’s image. The brand value of the party has come down. The Reddy brothers are plundering resources and breaking every law in the nation with disdain and impunity. The BJP seems unable and unwilling to stop them. What they are doing is unprecedented in Indian democracy, and the BJP seems to be hand-in-glove.

    I am feeling disillusioned, suddenly Sonia Gandhi, Manmohan Singh & Rahul Gandhi seem more moral. They let go of Shashi Thaoor when there was an iota of doubt.

    What happened to the famous line of party with a difference? You and the BJP have disappointed me immensely - I may not vote BJP again.

    Abhishek

  27. Ravi Kumar Says:

    Dear Advaniji,

    Every one is aware of the Illegal mining issues and Lokayukta chief Mr Hegde’s resignation. As a kannadiga I feel ashmed of the whole issue. Illegal mining is rampant in Bellary and India and Karnataka is losing crores. If nothing illegal is being done then why is the CM not ready for a CBI probe ? Honest people need not be afraid of anything.

    I have been believing so far that BJP is really a party with a difference. After seeing Mr Yeduruppa defending the ministers, my perception is changing. BJP is no different from other parties who do anything to stay in power.

    As a kannadiga and a proud Indian I request you to intervene and let Lokayukta do his job properly to nail the culprits.

  28. Dr Anil Agarwal Says:

    Sir,

    Every word has many meanings, some synonym and antonyms in English. How a writer uses it is also valuable. When a well known personality uses any word in a special context it has also been its meaning. As you have revealed that ‘committed’ as a word was used negatively during emergency viz. Committed press, and committed judiciary etc. It is true that ‘committed’ is an adjective and generally used positively.
    Every one has his commitment to his country and his organization to which he is attached. When he changes his commitment because of fear or otherwise, he is called committed negatively. During emergency, some people and organizations were committed to the ruler instead of their country even though they were called committed but negatively.

    One more interesting thing I want to share with others that ‘committed’ is derived from the word commit which is used as a verb. This verb itself is used negatively e.g. (1) He committed a crime. (2) He committed suicide etc.

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