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Danger signals |
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B.I. Saini
The looming confrontation between the Legislature and the Judiciary on the OBC quota issue, the involvement of some Members of Parliament in human trafficking and the killing of civilians in the guise of terrorists by the security forces are clear danger signals cutting at the root of the Indian polity.
Differences between the Legislature and the Judiciary on their respective functions are not new, and are to be seen in most functioning democracies. But the shape they are assuming in India is not very healthy. Complaints of the Judiciary intruding into the functions of the Legislature and the Executive have been there right from the adoption of the Constitution and the formation of the Indian Republic. Partly they are because of the Executive failing to discharge its functions and responsibilities effectively. For example, there would have been no need for the Supreme Court to intervene to enforce anti-pollution measures if the Executive had been alive to its responsibility to take steps to preserve the environment. The Judiciary is also right when it says that it has the responsibility to ensure that the Executive discharges its functions.
In the OBC quota issue, the Legislature and the Executive have taken the stand that it is their function and responsibility to ensure that steps are taken for the uplift of the deprived sections. The Judiciary, however, has taken the stand that the Executive cannot first decide upon a certain issue and then frame the rules. The decision of a bench of the Supreme Court to stay for an interim period the legislation and Government decision to provide 27 per cent reservation for the other backward classes (OBCs) in admissions to higher educational institutions has set the cat among the pigeons, as the OBC reservation issue was decided almost unanimously by both Houses of Parliament. Hopefully, the tempers may have cooled down a bit by the decision of the Chief Justice of India to accept the Government’s plea for early hearing of the case.
The arrest of a BJP MP for alleged involvement in human trafficking for considerations of money is an indicator of the level to which things can go down. Of course, as pointed out by the Government and the Lok Sabha Speaker, Parliament cannot be given a bad name just because of the illegal actions of some of its Members. Thankfully, earlier also, Parliament has shown the determination to take tough action against erring Members as shown by the expulsion of several Members in the cash-for-query scam. But the fact that even after the tough action taken in earlier cases of misdemeanor, several Members of Parliament do not shy away from wrong doing is a bad signal for the polity and the credibility of Parliamentarians and legislators. From the facts as are coming out, it appears that not just BJP MP Babubhai Katara, but several other MPs and MLAs in different states have been involved in similar rackets.
The involvement of senior IPS officers, one of whom of the rank of Inspector General of Police, in the killing of civilians in fake encounters is another sign that all is not well with the Indian polity and the administrative set up. The civil services used to be the backbone of the administration and kept it running smoothly while different political parties assumed office or went out of office after winning or losing elections. But the Gujarat episode shows that those performing key roles in the administration are not able to keep up their high standards, either because of pressure from the political bosses or, their propensity to curry favour and carry out the politicians orders, whether legal or illegal.
All right thinking people will have to sit down and devise steps to stem the rot from which the polity is suffering. This is essential for smooth functioning of the country’s constitutional framework.
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