Judges vs Politicians -VR Krishna Iyer's 'friendly' advice to Mrs Gandhi

Sri.K.P.Ramachandran,
Advocate, 21-04-09
Ernakulam, Kochi
Kerala.

Dear Sri.Ramachandran,

Judicial thinking.

Your article on the above subject is a fine piece of a real situation now prevailing in the Indian Democracy, especially after the emergency. The Ruling party, particularly the Congress, adopted a dishonest stature towards Judiciary and tried to influence for their sake. You may refer to an article by Sri.Ramkumar, Advocate in the same edition of Mathrubhumy, (21/4) about reservation for Judicial Retirees. It is very interesting. The readers, view these two articles, very interestingly and appreciate the boldness shown by you and Ram Kumar.

I agree with your comments about Sri.VR Krishna Iyer, the most honest and brilliant personality, had also gone wrong in many occasions to save Politicians, of course, not for any benefit.

During the Emergency time, when the appeal of Indira Gandhi, against the Allahabad High court judgment proclaiming the election of Indira Gandhi null and void, on charges of corrupt practices during the election period, which was cent per cent correct and could not be revoked. The appeal came up before Mr. Krishna Iyer, then Supreme court Judge, knowing very well, that the appeal could not stand, he advised in the open court to Mr.Palkhiwala, the senior Advocate appearing for Indira Gandhi, that the appeal could stand only if the Constitution is amended with retrospective effect to counter the corruption charges made in the election petition, as it was so strong against Indira Gandhi who misused the Official position in winning the election. As an ordinary man, not familiar with judicial proceedings, I think it was wrong on the part of Mr. Krishna Iyer to ask the advocate of the appellant party to get the Sacred Constitution amended, that too

With retrospective effect(!), unheard of any where in the World,. His duty was only to look into the High court judgment on its merits or demerits to consider revoking it, or allow..

Indira Gandhi got the amendment of the Constitution of India, the most sacred one, with retrospective effect within a period of 15 days and got the Allahabad High Court Judgment revoked, to save her PM’s chair, i.e. to save the Position of an Individual, who had been declared by the Allahabad High court as an Offender. The same thing had happened in the case of her foreign d-in-law when she also managed to amend the constitution with retrospective effect to save her MP seat in the Parliament. Please reply me about your comments, on my observations, which is purely personal and with no other motive.

Yours sincerely,

Thatha