In a recent decision, the Allahabad High Court dismissed a public interest litigation (PIL) challenging the Indian government’s decision to observe June 25 as ‘Samvidhaan Hatya Divas’. This day is intended to commemorate those who suffered during the National Emergency imposed in 1975.
The petitioner, a former Indian Police Service officer, objected to the term ‘Samvidhaan Hatya Divas’ (Constitution Killing Day), arguing that it sent a negative message to the public. He suggested an alternative, ‘Samvidhaan Raksha Diwas’ (Constitution Protection Day), to convey a more positive sentiment.
The court, however, ruled that the decision was a political one, beyond the scope of judicial review. The bench, consisting of Justice Sangeeta Chandra and Justice Shree Prakash Singh, emphasized that the government’s choice of terminology is a matter of political judgment and not for the courts to question.
The petitioner expressed concern that the phrase ‘Samvidhaan Hatya Divas’ could be misunderstood by the general public and argued that the government’s choice of words might mislead people about the nature of the events during the Emergency. The court, however, found no grounds to intervene, stating that the notification’s intent was to remind citizens of the constitutional breaches during that period.
The Central government opposed the petition, noting that the petitioner had failed to disclose certain aspects of his background, including his involvement in a legal case. After considering arguments from both sides, the court dismissed the petition, allowing the government to proceed with its chosen terminology.
The decision underscores the judiciary’s reluctance to interfere in matters of political discretion, reaffirming that such decisions rest within the purview of the executive branch.
