INDIAN PSEUDO DREAM

It starts with perfunctory and totally artificial obeisance to the martyred soldier, “The killing of two soldiers on the Line of Control, and the gruesome manner in which Lance Naik Hemraj met his end, have shocked and anguished all Indians”. And, reminds us that it is “important to stress that despite the violations, how vital the ceasefire has been to changing lives on the ground for people living on both sides of the LoC — the Kashmiris that both India and Pakistan claim to speak for, and whose best interests both nations claim to represent — and what a crucial anchor it has been for peace efforts in the region over the last decade and therefore how important it is to secure it”. And then goes on to deride the jingoism of some Indians who have temerity to question the sheer waste of soldier’s lives and adverse impact of a passive policy has on nation’s psyche. In fact these experts really rub it in to remind that India had to eat its word after Mumbai Attack of 2008.  “But it is also useful to recall that after those famous last words in 2008, the two countries came back to the table as realisation dawned on India that talks it had to be”.  As far as these experts are concerned, “Securing the ceasefire and the rest of the peace process is more important than at any other time”. Why? Because today, “Pakistan has its eyes fixed on the Afghan ball, and is already involved in efforts for a political deal with the Taliban”.  If, any of us were to ask as to what benefits will accrue to India once Pakistan is able to convert Afghanistan into its backyard? Well to start with you will have a more stable, more confident and bigger Pakistan to deal with. You will also have Pakistan Army with Talibani Laskars as vaguard in Kashmir and Jamaities in rest of India. So how does that help!! Well it will resolve all Indo-Pak disputes because India would have become a client state of either US or China or both to survive in the shadow of Pakistan and that will be the day when Pseudos’ of India can really celebrate demise of `decadent’’ Indian Civilisation.

Note: The quotes in the aticle are taken from Ms Nirupama S article in the Hindu of 17 January 2013, but can as well be from any of many others of her ilk, who manifest every evening on primetme Indian English News Channels.

Short-sighted Euporia

Recent Supreme Court judgement upholding appointment of Justice (retired) RA Mehta as Lokayukta of Gujarat has been hailed by all of English media and usual gang of `democrats’. Their exuberant defence of this deeply flawed decision is meant to celebrate `cutting to size’ of Modi. They are either unable to see serious danger posed to democracy by this exercise in `judicial empire building’ or their commitment to democracy is just skin deep.

This is not a one off strange decision by the Hon`ble Supreme Court of India (SC), rather it is another attempt to consolidate Dictatorship of Judiciary. Some earlier ones that can be cited are the two judge cases in 1993 and 1998, whereby the SC effectively amended the constitution to arrogate to itself the power to appoint judges through so-called `Collegium System’. Second was the one propounding theory of limits on the power of Parliament to amend the `fundamentals of the Constitution’.  This gave five or seven judges of SC the power to overturn an amendment passed by two-third majority of the Parliament. In the instant judgement, the SC criticises the Governor for bypassing the council-of-ministers to go direct to the Chief Justice of High Court of Gujarat (CJI) but then goes on to justify the appointment of RA Mehta solely on the `recommendation’ of CJI. The behind-the-back of the council-of-ministers `consultations’ between the Governor and CJI are justified because these `consultations’ were known to the CM, and hence considered good enough substitute for consideration and recommendation by council-of-ministers. How can incidental knowledge about an issue can be taken as acceptance is only apparent to Their Eminences who were sitting on the Bench. The single name recommendation of CJI is justified by the SC on spurious logic of `primacy of view of CJI’. Thus, henceforth CJI of a state need not recommend a panel of names for appointment as Lokayukta. His Lordship will `recommend’ a single name of a retired judge known to be openly hostile to Government of the day and this recommendation will have `primacy’ over the view of council-of-ministers and in case of dispute the Governor will go by the decision of SC.

Now please remember the fact that finding of Lokayukta are subject to judicial review but Their Eminences are not subject to investigation by `anybody including Lokayukta’. So what do we have? We have judges, qualified in law, with very little knowledge about governance, not accountable to any disciplining authority but with powers to overturn decisions of the Parliament (Legislature) and superintendent executive through an appointee from their fraternity (Lokayukta). If this is democracy then I do not know what is dictatorship??

While some of the more informed MPs like Mr. Arun Jaitley have already raised objections to this judicial over-reach, bit it is quite likely that such sane voices will be drowned in partisan cacophony. Present day Media, especially English Media with its TRP driven hysteria does not seem of much use! In any case it is looking at the case from through anti-Modi prism and hence has already celebrated this `victory’!! Hence there is a need for the concerned citizen to wake up and demand `accountability of judiciary’. The judges must deliver justice and be consist in interpreting the law. There work output must be subject to audit based on international norms. Only serving judges ought to be appointed in quasi-legal sinecures like Chairmanship of various tribunals. Judges must not be allowed to use trappings of coercive authority like pilot cars, sirens on cars or traffic disruption.. Prosecution of corrupt judges should be a straight forward affair. Their power to self-appoint must be taken away. Courts must be brought under RTI Act 2005.