The PIL was filed by one Samir Malik arguing that the Emergency was proclaimed under Article 352 of the Constitution and therefore, it cannot be said that it was done by murdering the Constitution.
The petitioner argued that the government’s notification was highly derogatory.
However, the Court rejected the argument.
The Bench remarked that politicians use the phrase murder of democracy all the time.
“Politicians use the phrase mother of democracy all the time. We are not inclined. It’s [the PIL] not worth it,” the Court said.
Source: Barandbench
