Quashing of NJAC – Warning for Warring Parliamentarians – Legal Coup on Parliaments Sovereignty

Quashing of NJAC – Warning for Warring Parliamentarians – Legal Coup on Parliaments Sovereignty

The recent Supreme Court judgment dismissing NJAC appointed by Government of India proves nothing short of the famous biblical words “be not deceived; God is not mocked. What you sow, so shall you reap”.

The recent Supreme Court judgment dismissing NJAC appointed by Government of India proves nothing short of the famous biblical words “be not deceived; God is not mocked. What you sow, so shall you reap”.

Different political parties when take convenient and quite paradoxical position when they are in or out of power, naturally the price our democracy and parliament has to pay will be huge.

As a responsible citizen of this country and casting my voting right ever since I become eligible to do so, find the judgment of Honorable Supreme Court of India dismissing NJAC is hard to bite, let alone to digest.

In democracy, I always see the Parliament and Assembly above everything. The parliament alone has the right and privilege even to change the constitution, re-write it, bring new laws, change, modify or scrap some existing laws etc. When parliament has such absolute power as parliamentarians are directly elected by people of this country, the role of parliament is must in the appointment of all key constitutional positions like CVC, CJI etc.

The question before us is not about the technicality of the judgment. Parliament is supreme and its supremacy cannot be denied or undermined because of scams by some politicians. Due to the mistake of one or two judges can we belittle the respect and dignity of judiciary?

What has brought to the present state of affairs is only the disunity and disharmony among our parliamentarians. If parliamentarians unite, they can certainly ensure the ultimate supremacy of parliament and can establish Parliament is the ultimate power centre and not any other body. Need of the hour is unity among all politicians from different political parties and affiliations. The will of the people must prevail over all other powers.

If this truth various political parties fail to understand and recognize, what they sow today, they will reap tomorrow. When their roles and responsibilities changes from opposition bench to ruling (treasury bench) or vice versa, they would find hard to bite the grains that they have sowed.

All our political parties must unite for a cause that it is Parliament and parliamentarians are the ultimate power centre. Their role, significance and final say in the appointments of all constitutional positions cannot be questioned or subverted. If the trust deficit due to corruption is to be considered as one of the reasons for the above denial, we must recognize the fact that no department in Government establishment in any of the states can claim they are free from corruption. The ordinary citizens are the most corrupt in the country, in the sense, to serve own self gratifications and personal goals, willingly pay brides and corrupt the system.

The onslaught on the supremacy of Parliament, the temple of democracy is highly regrettable. Certain decisions of parliament should be kept outside the purview of judicial review and even if such decisions are subjected to review, the recommendation of judiciary should be only advisory in nature. Such advice should seek the consideration of the Government to review. Only then certain decisions of Government will not be dismissed or quashed by judiciary in future.

To pass such supreme authority, all parliamentarians must unite. Such unison is only ordinary citizens like us wants. Otherwise the heart and head in the same body would start to function separately for different objectives.

It is not justice of court, justice of people and not court of law but court of people should win and prevail in democracy. As a citizen of this great diverse country, I definitely wish and want the Prime Minister and Opposition Leader in Parliament should have their say in the appointment of judges in the highest court.

The dignity, respect and repute of Prime Minister and opposition leaders in Parliament of India should be seen as top legislatures in Indian democracy and not as members of some political party or affiliation.

If the political parties fight among each other to settle personal and party goals in Parliament and stall parliament proceedings, naturally a foreign force will enter the domain and start dictating terms.

Time is up, the parliamentarians must uphold the supremacy of parliament by bringing a constitutional amendment in parliament that certain decision of the Government, the court cannot interfere and has no right and jurisdiction to suspend, question or quash. The role of court if any can only be advisory in nature which Government may or may not consider.

If such united leadership and solidarity all parliamentarians show barring their different political affiliations, the possible legal coup of democracy can be stopped.

In democracy, every function should discharge its duties and responsibilities under the democratically elected Government. Functional independence and autonomy should not be seen as working outside the purview of democratically elected Government. When one becomes a parliamentarian with the mandate of the people, must discharge their duty more as parliamentarian than playing partisan politics. Such politics they can play outside the parliament.

Uphold the supremacy of Parliament, unite and bring a constitutional amendment on certain key reform issues passed by the parliament, the court has no right to interfere or question or quash. Parliamentarians are the collective voice of people of India and therefore ‘you’ the Parliamentarians are ultimate and final.

Dr S Ranganathan
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