In recent years, judicial intervention has occurred in more number of cases of parliamentary affairs, and this has irked panic in politicians that, the judiciary is prevailing its limitations and shadowing over there fields of legislation. In last few months, LS speaker Somanath Chatarji is constantly, progressively putting this point more and more aggressively and in louder voice, on every possible stage that he was offered. In his recent speeches, he has accused the judiciary, that when emergency was imposed, they (Supreme Court) left people on mercy of Executives. This is completely falls statement, because power of judicial review on any law, passed by the government was suspended, and CAFEPOSA, MISA were the major laws, where no judicature was given jurisdiction to admit or hear any plea for relief or challenge. In other words, judiciary itself was suspended. How it could entertain any application, which could not mention relief under specific provision. Somanathda is making mendacious statement. Moreover, it must be true!
When issue has to be created or, needs a support; in politics it is a kind of strategy that, one leader keeps it discussing and on the background, other pleads for support. This is a common practice in politics.
The same way Somnathda is aggressively accusing Judiciary for intervening in “Parliamentarians Affairs”, while others like Karunanidhi CM Tamilnadu, should be busy convincing other politicians to support the issue. One can remind that, the very same way “Mr. Election Commissioner” T.N. Sheshan was criticized, accused and latter, constitution was amended and, two parallel commissioners were appointed to control Mr. Sheshan. In judicial language, it is a case law. ( read this the way we understand ‘cultural police’ this is in relation with something like political judges;) ground for the case was ‘functioning against interests of politicians’. The charge was ‘overcoming from the limits as politicians think’. Therefore, the acquisition, Judgment is guilty and sentence is constitution must be amended! This was the case, and this is the law of politicians; as far as our country is concerned.
Now it is the day for the Judiciary itself. It is facing same type of acquisitions, and; for the country in the mane of public interest; same sentence, and lastly the constitutional amendment to control it. This is what is expected to work in coming feature.
Mr. Somanath Chatarji is working for a major group of parliamentarians, and the politicians of this country. It seems that he has worked out a plan for a kind censorship. In addition, in feature, specifically this is going to effect media. Judiciary is a major block in making laws to overrule article 14 and 18 of the constitution hence the block, which is judiciary; must be the first kill. Next should be the right of expression.
If one thinks as, Politicians might be thinking that, Amending Judicial powers can control media resulting the absolute control over public sentiment. Then it’s not just possibility but it has a strong reason.
To understand this one has to analyze statistical figures of Constitutional Court. In conclusive manner one can easily notice, that number of cases challenging Constitutional Amendment or any Notification, Regulation or a Bill passed by parliament; first these were criticized by Media itself and then either by public interest litigation for judicial review or Judiciaries power to take cognizance and make review of concerned law, the case may be, those notifications, regulations or laws were held as against constitutional provisions.
This reminds the days when the Parliament was made kitchen for cocking amendments and insertions in different provisions of Constitutional law; that was Indira Era. 42nd Amendment was a major punch, to the makers of the Constitution. The judicial review was provoked by this amendment; heart of the constitution was removed. It was first of its kind of attack on our constitution, to change its face ‘from we the People; to we the Executives’. Then after it is a regular play of succeeding governments. Casually, they replace provisions, of different sections and articles of the constitution. Nevertheless, the foundation pillars of the constitution were left safe.
Under Indian Constitution, Parliament, Judiciary, Comptroller and Auditor General, Election Commission, are having equal and specific role in control and distribution of equity itself.
Representatives of people that is house of law, which can be in a state or at center; which is Assembly or the Parliament. Political parties in the country are not recognized under our constitution; In house it is treated as group of representatives of people. From constitutional view, neither they are expected nor they are powered to run the country, ‘they are watchdogs; elected by countrymen to see that the bureaucracy that is system, is functioning in national interest’. They can not interfere in day to day function of system; commonly we call “bureaucracy”. (Supreme Court Judgment repeated and referred in number of cases.)
Next is Election Commission. In Mr. T.N. Sheshan Era, We observed that constitution has powered this autonomous body even not only control over the parliamentarians but ministers, the Cabinet functions are also under its scanner. Legally! Since then, each and every election, our representatives are bound to stay out of government cars and government guesthouse.
And now The Comptroller and Auditor General; every year we read from news papers, that this and that government expense was challenged, ministerial decision was challenged, or comptroller cancelled certain expense or procedure as the rules and norms were not followed, and ordered for enquiry in that specific matter, may be defense deal, or Passport procedure, It is Auditor Comptroller who is first taken in to account by bureaucracy, when a minister asks his executives for a particular ‘out of way’ expense.
Lastly The Election Commission, when a representative moves around in an electoral area, or a party when making manifesto, or governing party making a decision while election are declared, every party and politician first studies what is against ACHAR SANHITA.
Next the Judiciary, every time making a constitutional provision or amending any of it, government has to consider, the point of judicial review. That is the power given under our constitution to Judiciary, to review any law or provision made; dose not deems the other provision and fits to basic concepts of our constitution.
It is really heard to believe that a leading politician, senior, and experienced parliamentarian Somnathda do not know all these facts and power distribution by makers of our constitution with different systems. We can guess that he knows much more then what we think we know. Still he is accusing judiciary for intervention in ‘parliamentarians business’ and over ruling its limits.
Somnathda is politician he can enjoy the right of speech and expression. However, Judges and other Executives are bound by rules and norms, acts and regulations. They cannot make any statement in this regard, nor can comment on it, and Samanthda and the like hood politicians are taking advantage of this situation, or there limits. Which should be called; as an undue advantage!
The operandi looks very simple; Somanathda is raising voice on judicial intervention, his friends must be advocating the issue. Other political leaders are in ‘stop and watch’ mode. Once every political party feels it safe to amend the constitution and control judicial review and other powers vested by constitution, then once for all, A real nightmare will prevail and everything shall be under control! As, once this was done successfully! Obvious first and mostly the only kill of this juncture have to be the media. Because every political party is in desperate need to eliminate the media, as there is strong feel that, media is a bigger obstacle for the government and the parties itself. In this modern world, total elimination of media is simply impossible, but it can be left in a situation, where there is no legal provision to challenge any government order; this is easier task, if the politicians get unite. Than as like always, “we the people” will be praying for a Shaktiman to come to fight with these evils
Sudarshan
Comments