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Journalism of Courage
We have cried hoarse about eliminating corruption at seminars and public meetings. But are we really serious about it? People enthusiastically vote for persons who have earned a well-deserved reputation for corruption and accord them a hearty welcome at social and other functions.
Till date, Lok Pal legislation whose aim is to strike at corruption in high places and which has been on the anvil for the last four decades has not yet been enacted. Legal provisions which empower confiscation of properties of public servants adjudged guilty of corruption are also not enacted.
According to media reports, the German government is in possession of information about accounts and financial transactions of nationals of different countries in banks in Liechtenstein. It is reported that an offer has been made to different governments whose nationals are involved about revealing their names and details of their accounts. Some governments have accepted the offer. There has been no response from our government. Why? Apparently, there is no political will to crush the monster of corruption for reasons not far to seek. Regrettably, the general public fatalistically accepts corruption as inevitable. It seems we will have to live with this menace despite Transparency International8217;s valiant efforts to root it out.
Remembering Justice K S Hegde
The recent function in Mangalore celebrating the birth centenary of the late Justice K S Hegde was a fitting tribute to one of the great judges of our Supreme Court. Hegde rose from the ranks. After his legal practice, he became a judge of the Mysore High Court, Chief Justice of the Delhi High Court and was subsequently, elevated to the Supreme Court. In his judgment upholding the constitutionality of the Minimum Wages Act, he ruled that 8220;it is a fallacy to think that under our Constitution there are only rights and no duties. The provisions of Part IV Directive Principles enable the legislatures and the government to impose various duties on the citizens8221;. This was before the enactment of Part IV-A in the Constitution in 1976 which prescribes certain fundamental duties for citizens. In his judgment in the Kesavananda Bharati case, he observed that in order to build a welfare state, it is not necessary to destroy some of the human freedoms. He solemnly warned that 8220;human freedoms are lost gradually and imperceptibly and their destruction is generally followed by authoritarian rule.8221; This was almost prophetic in view of the authoritarian rule subsequently imposed on the country during the infamous June 1975 Emergency.nbsp;He further farsightedly pointed out that 8220;even the best of governments are not averse to have more and more power to carry out their plans and programmes which they may sincerely believe to be in public interest. Every encroachment on freedoms sets a pattern for further encroachments8221;.
Courage was the hallmark of Justice Hegde. And he paid the price for his judicial courage. He was one of the victims of the shameful judicial supercession in April 1973. In this day and age able and independent judges committed to constitutional values like Justice K S Hegde are rather in short supply. In some cases judicial appointments are swayed by considerations inter alia of caste, region, religion, the ideology of the judge, lobbying, personal friendship and give and take with the executive. Inevitably, the quality of administration of justice suffers and the stature and credibility of the judiciary is impaired. It is hoped that in making judicial appointments the powers that be and the decision makers have in their minds the late Justice
K S Hegde as a role model.
