Friday, December 25, 2015

Editorial, LEGISLATIVE AUTHORITARIANISM, in 15 December 2015 issue, Vol 11, Pt 2, No 23, of LAW ANIMATED WORLD


is also plaguing our country. It may seem strange, but sadly true – this is because it appears the Judiciary is not intervening in the critical affairs of the country when it must but unjustly and unnecessarily interfering when it shouldn’t. Especially when the interests or powers of superior courts are curbed or threatened, really or seemingly, they are too alert and quick to set aside any overwhelmingly popular measures even – as in the case of striking down the constitutional amendment instituting the much desired and applauded National Judicial Appointment Commission – but when it comes to the real interests of masses reflected in, or to be carried through, the actual working of democratic system, not only outside but also inside the legislatures, the Courts shy away, to say the least. All this judicial non-intervention in the name of ‘separation of powers’, which strangely didn’t come into picture in the above referred case which resulted in perpetuation of an unconstitutional judicial privilege of instituting and continuing a collegium for appointment of Judges and reducing the President of India and the Prime Minister of India to mere figureheads in this crucial matter. The reluctance of the judiciary to intervene in the case of legislative recklessness in the State of Telangana, on the infamous appointment and continuance of a turncoat Telugu Desam (opposition party) MLA as a Minister with the Speaker refusing to declare him disqualified within any reasonable time but perhaps planning to drag the matters till the next General Elections – an obvious fraud on the Constitution – is a glaring example. This is not just the case of a right or wrong concerned with an individual minister but having widespread ramifications, and has already resulted in a situation of a sort of one-party absolutism in the State. We see a queue of opposition MLAs aspiring for posts of pelf and perks before the ruling party – several already joined it – in full confidence that nothing would harm them as long as the ruling party Polit Bureau member is at the helm as Speaker and the Judiciary non-intervening in the name of ‘separation of powers’. The conditions in the other Telugu State of Andhra Pradesh are not any pleasing either, with the opposition parties there treated with absolute contempt. It is really very woeful to have to live and suffer in such a sordid situation.  §§§

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