Apex Court view on tainted Legislators

Posted on February 23, 2015 by sagarmedia

 Supreme Court view on tainted Legislators is disheartening. I can understand, there may be some limitations, but in the broader perspective, the view should have expressed the concern of the apex court for the nation and the welfare of the people. This perspective is conspicuously overlooked by the learned apex court and issue of national importance has remained an issue between the Parliament and the Judiciary. I suppose the present view of the apex court is based on an earlier verdict by one of its Constitutional bench. Sir, Judiciary, Parliament and State Assemblies are meant for the welfare of the people of the land. People look in them the wisdom of a prudent father and love of a doting mother.

The Judiciary is the custodian of the Constitution and responsible for overseeing that the same is being truly implemented by the Parliament and State Assemblies. The tainted Legislators have been a compelling issue for long and a great deterrence in prudent governances. They are a conspicuous cause of the sufferings of our large populace. The bench of the apex court seems to have overlooked this vital aspect.

It is quite possible that some of the tainted Legislators may come out to be innocent. But it shall not be logical to hand over the fate of a massive nation such as India in the hands of such dubious characters until they are found innocent. Therefore let them enjoy a free life as a free citizen till they are found innocent under judicial impunity. Why permit them in the Parliament or State Assemblies? Our country is already pushed to the present tatters due to such incongruous and unmindfulpersonal rights. As I said before, in such cases we may apply the ‘law of maxims’ that says, ‘in the larger public good, individual rights can be sacrificed’. Good governance surely demands for this law to prevail.

I therefore pray the learned Judiciary to play the role of a watch dog for the Parliament and the State Assemblies, a responsibility that all the worthy Constitutions of the world have bestowed on their learned Judiciaries.

Supreme Court in its verdict has said that Political parties know the best about a suitable candidate because they have to run the governments. Sir, as far as we have witnessed, they just know how to manipulate vote politics and win the elections for their self seeking overtures. My statement is conspicuous and my book narrates this fact in abundance. The SC has assumed that the conscious of the Prime Minister or the Chief Ministers is enough to judge the repercussions of such dubious characters in the governments. But such assumptions are misplaced and have been largely responsible for India’s present dilapidation. Similar assumptions were made by our founding fathers when they were drafting the Constitution as discussed in my analysis and presented through the book. All such assumptions have failed us. Sir, our Parliament and State Assemblies have made mockery of elections and governances. For them Constitution is of little relevance and is generally used as an instrument for their own protection rather than any incumbency. The utter shambles of our country is a proof.

Sir, I may like to emphatically submit and pray that the time has come for the Judiciary to take some hard decisions for the sake of the nation, multitudes of perennially suffering people and the implementation of the Constitution. As the ultimate saviour of the people of India, Sir it is your turn now to set all wrongs right ‘within and outside’ and make all functionaries responsible and accountable, Parliament, State Assemblies or any other to uphold the dignity and reverence of our Constitution.

K C Agrawal                              

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