Harmony and balance

Ultimately it8217;s the Constitution, not any one pillar of government, that8217;s central

Sometimes rare insights are gleaned unexpectedly. The mature observations made by former chief justice, Justice A.S. Anand, and the present Speaker of the Lok Sabha Somnath Chatterjee at the IPI awards ceremony last week struck a much-needed note of reconciliation at a time when the judiciary and the legislature appear to be on the path of confrontation.

Institutions of government will clash. Flashpoints and confrontations are the stuff of democracy. As long as it is remembered that it is not any one pillar of government, but the Constitution that is central, the system is on track. However, it can still do with the counsel of experienced men. Justice Anand8217;s comment that the principle function of the judiciary was to test the validity and constitutionality of state action rather than oppose state policy per se was a timely iteration, as was Somnath Chatterjee8217;s reminder of the harmonising role of Parliament. We completely endorse his view that India8217;s polity is marred 8220;if the impression is created that Parliament is at odds with any other organ of the state8221;. Harmony and balance are key words.

Introspection then is the need of the moment and no pillar of government should step outside its clearly demarcated constitutional mandate. However, our legislators should ask themselves one important question: why is it that ordinary citizens appear to trust the judiciary more than they do their political representatives? We believe this is for three reasons. One, politicians lack credibility because they had displayed an alacrity to compromise on even basic principles. Shibu Soren, judged guilty of the heinous crime of murder, is just a recent example. Two, politicians constantly demonstrate a tendency to act in their own interests, and not that of the citizen. The recent decision of the government to clear the OBC bill, rejecting the recommendation that the creamy layer be kept out, smacked of gross preferment. Finally, the political class has generally failed to understand the times they live in and the economic challenges that face them. The obstructive stance of politicians like Mamata Banerjee and Rajnath Singh at Singur is a case in point. These are times that require great deliberation and understanding. Perhaps Parliament, when it sets out to debate the role of the judiciary, would discover the wisdom to turn the gaze inward.