The
Judiciary is the custodian of the Constitution and responsible for
overseeing that the same is being truly implemented by the Parliament
and State Assemblies. The tainted Legislators have been a compelling
issue for long and a great deterrence in prudent governances. They are a
conspicuous cause of the sufferings of our large populace. The bench of
the apex court seems to have overlooked this vital aspect.
It
is quite possible that some of the tainted Legislators may come out to
be innocent. But it shall not be logical to hand over the fate of a
massive nation such as India in the hands of such dubious characters
until they are found innocent. Therefore let them enjoy a free life as a
free citizen till they are found innocent under judicial impunity. Why
permit them in the Parliament or State Assemblies? Our country is
already pushed to the present tatters due to such incongruous and
unmindfulpersonal rights.
As I said before, in such cases we may apply the ‘law of maxims’ that
says, ‘in the larger public good, individual rights can be sacrificed’.
Good governance surely demands for this law to prevail.
I therefore pray the learned Judiciary to play the
role of a watch dog for the Parliament and the State Assemblies, a
responsibility that all the worthy Constitutions of the world have
bestowed on their learned Judiciaries.
Supreme
Court in its verdict has said that Political parties know the best
about a suitable candidate because they have to run the governments.
Sir, as far as we have witnessed, they just know how to manipulate vote
politics and win the elections for their self seeking overtures. My
statement is conspicuous and my book narrates this fact in abundance.
The SC has assumed that the conscious of the Prime Minister or the Chief
Ministers is enough to judge the repercussions of such dubious
characters in the governments. But such assumptions are misplaced and
have been largely responsible for India’s present dilapidation. Similar
assumptions were made by our founding fathers when they were drafting
the Constitution as discussed in my analysis and presented through the
book. All such assumptions have failed us. Sir, our Parliament and State
Assemblies have made mockery of elections and governances. For them
Constitution is of little relevance and is generally used as an
instrument for their own protection rather than any incumbency. The
utter shambles of our country is a proof.
Sir,
I may like to emphatically submit and pray that the time has come for
the Judiciary to take some hard decisions for the sake of the nation,
multitudes of perennially suffering people and the implementation of the
Constitution. As the ultimate saviour of the people of India, Sir it is
your turn now to set all wrongs right ‘within and outside’ and make all
functionaries responsible and accountable, Parliament, State Assemblies
or any other to uphold the dignity and reverence of our Constitution.
K C Agrawal
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