Thakur moved the Court arguing that the government’s notification was improper and would send an adverse message to the public about the Constitution.
It was his case that ordinary people of India are not very literate and they will not understand the import of the government’s notification. Instead of using the words Samvidhaan Hatya Diwas, the government could have used more appropriate language and should have thought of a positive terminology.
For example, they could have used the words “Samvidhaan Raksha Diwas” as the intent of the notification was only to remind the people of India the excesses that were committed by the government of the day by proclamation of Emergency, the petitioner argued.
It was further submitted that the use of the words Samvidhaan Hatya Diwas was a reiteration of the violence that was done to the people rights during the proclamation of Emergency but it could not be said that the Constitution itself was killed and in case the government feels that the Constitution was ‘killed’, it would not have been possible for a revival of the democracy when the people of India threw out the government of the day in general elections held after the Emergency was lifted.
Source: Barandbench
