Sunday, January 3, 2010

Judiciary to the rescue

Evers since Mr.T.N. Seshan assumed the office of CEC, there has been a sea change in the public life of our country. Constitutional authorities discovered themselves and their power and more importantly how and when to wield it. The rise of the power of the constitutional authorities like Hon'ble Courts, CEC, CAG, has been directly in proportion to the fall that has set in the standards of our public life particularly in politics.

One good fallout is the rise in awareness and respect amongst people for the constitutional bodies bewildered by the political system. They are less disheartened now. Other avenues have opened up.

Just as vacuum cannot exist, any abdication of responsibility by one leads to another occupying that space, luckily with good results in most of the cases.

Any number of blunders or acts of commission and omissions are undone by Hon'ble Courts in a jiffy.

University students wanted their hostels and messes to remain open. With Hon'ble court’s intervention, they are open and heavens have not fallen. Likewise they wanted a rally on 3rd and again with Court’s conditional nod they can have one, hopefully a peaceful one especially because politicians are barred. Police have a difficult job on hand but the steam has to be let off.

There are any number of instances where a Court or a CEC or a CAG had to exercise the authority normally the domain of the Executive. In some cases, it has also been very convenient for the executive to tackle some unpopular or vexing problems, like demolitions, from behind the armor of judicial diktats.

In recent years Public Interest Litigations and Right To Information Act have at times prodded or aided the Executive into action.

All this tell us that (i) ours is a vibrant democracy despite some drawbacks and there is no need to lose heart; and (ii) politicians should take the cue and come back to the standards of pre/post independence days.

Today a Prime Minister or a Chief Minister cannot have people of his choice in his cabinet nor can he decide allocation of subjects. A Legislature Party cannot elect its Leader. This is true of most parties that come to power. Such abject surrender is not merely of power but responsibility also. This trend needs bucking.

Clouds do come with a silver lining.

…ponder

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