Rule of Law vs Rule by Law: CM Yogi Recalls 1975 Emergency
CM Yogi Adityanath discusses the difference between rule of law and rule by law, recalling the 1975 Emergency at a law university convocation.
Addressing the fifth convocation ceremony of Dr Ram Manohar Lohia National Law University in Lucknow, Uttar Pradesh Chief Minister Yogi Adityanath delivered a powerful discourse on India's constitutional journey. The Chief Minister used the platform to reflect on the dark days of the 1975 Emergency, emphasizing how that era provided a critical lesson to the nation regarding the rule of law and the danger of "rule by law."
The Legacy of the 1975 Emergency
Chief Minister Yogi Adityanath drew a direct line between a judicial decision in Uttar Pradesh and the subsequent national crisis. He reminded the graduating law students that the Allahabad High Court had annulled the election of the individual holding India's most powerful office on June 12. According to the CM, the imposition of the Emergency just 13 days later was a direct act of retaliation.
Highlighting the courage of the judiciary during that tumultuous time, the Chief Minister spoke about former Supreme Court Justice Hans Raj Khanna. He noted that Justice Khanna stood alone in his dissent, a brave stance for which he had to pay a heavy price. However, CM Yogi pointed out that history eventually vindicated this courage, noting that in 2017, the Supreme Court recognized that single dissent as being correct.
"1975 taught the country the difference between the rule of law and the rule by law. This is the lesson of 1975 for the country," the Chief Minister stated.
Beyond Traditional Convocation Speeches
Breaking away from the tradition of lengthy and elaborate convocation addresses, the Chief Minister chose to speak to the students through the lens of their professional field. He acknowledged that while legal students are well-versed in landmark cases—citing the Kesavananda Bharati and Puttaswamy cases as staples of legal discourse—it was essential to revisit these issues in the context of real-world application and governance.
Reforms and the Modern Era
The Chief Minister transitioned from historical warnings to modern achievements, marking May 16, 2014, as a pivotal date in Indian politics. He noted that this was the first time in 30 years that a single party secured a full majority, leading to the premiership of Narendra Modi.
Defining Legal Reform
CM Yogi Adityanath argued that true reform is a two-way street: it involves the creation of new, progressive laws and the courageous removal of obsolete ones. He credited Prime Minister Narendra Modi with spearheading this process of legal cleansing.
To illustrate this, the Chief Minister highlighted several key milestones:
- The Abrogation of Article 370: He stated that removing Article 370 in Jammu and Kashmir reinforced the fundamental principle of "one Constitution, one flag, and one head" for the entire nation, a move that was subsequently upheld by the Supreme Court.
- Nari Shakti Vandan Adhiniyam: He cited the passing of this act as a significant step forward in legislative reform.
The Chief Minister concluded that the current era is witnessing the tangible results of a governance model that views the removal of irrelevant laws as an essential component of national progress.