| Published on 11-10-2006 In National |
| Viewed 3343 times |
| The low…oops…law of the land |
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Written by
Cho Ramaswamy |
The Kerala government has issued a fiat on the Mullaiperiyar Dam issue and announced that it wouldn't abide by the orders of the Supreme Court. The Marxist ruled state has said that it wouldn't allow any increase in the height of the Dam and ipso facto any augmentation of its catchment area.
The same Marxists had averred in the Ram temple issue that organisations like the Bharatiya Janata Party and Vishwa Hindu Parishad should bow to the orders of the judiciary.
"If anybody doesn't follow the diktat of the Supreme Court, the nation will slip into anarchy," the Marxists had warned while commenting on the Ram temple issue.
The same Marxists have a different yardstick when it is an issue that concerns them and a state ruled by them.
Obviously what they mean to say is "if the courts go along our expected lines, we will follow their orders. Else, we will call it an unnecessary interference into realm of the executive."
The other political parties are no better. In the Cauvery River water dispute, Karnataka has looked at the Supreme Court's orders on the Tribunal as an unwanted sheaf of paper. The Congress, BJP, Janata Dal – and virtually the entire political spectrum have cared two hoots for the judiciary whenever it questions their government's actions.
On the issue of reservations, despite the Supreme Court saying that its upper limit shouldn't cross 50 percent, successive governments in Tamil Nadu have insisted on its percentage being 69 and worse, have tried to increase it. Vote bank politics have swallowed the rule of law in the name of "social justice."
Starting from the land grab issues concerning roadside stalls to triggering processions that bring normal everyday traffic to a grinding halt, including police excesses, every other day the courts are being ignored with impunity by various state governments.
Whenever a government acts in an authoritative manner against its perceived foes, the catch phrase is "the law will take its own course," as if it respects the rule of law. But the same political party will deride the courts' decision if it goes against them by saying, "this is not the proclamation of law, rather it is mere purchased justice."
Is there, if any, a way out of this maze?
If a state government doesn't uphold the jurisdiction of the courts, it essentially means there is a breakdown of law and order. On that count alone, the errant government can be dismissed by the central government. But it isn't done because of the bigger picture – where vote banks are framed beyond law.
Due to such a state of affairs, rulings of various wings of the judiciary have little or no value amongst the laity. Things have come to such a pass that the highest court's orders are violated in letter and spirit – in a manner that is worse than ignoring a village panchayat order issued under the shade of a tree.
It is only due to this collective insensitivity that the people in the affected state of Tamil Nadu haven't taken the violation of the law of the land seriously.
In a democracy, rule of law is supreme. A state where the law and the courts are repeatedly ignored cannot be democratic. Such a state – where might alone is right – can only be described as a place where jungle law holds sway.
India is supposed to be the world's largest democracy. But in effect it has become "demo-crazy" where might alone is right even if it happens to be the left.
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