Shouldn’t Sabita Resign??

One of the leading Constitutional experts and arguably among the best jurists the state produced had visible tears in his eyes when Ramlal outshone the Constitutional restrains of the High Court office. The jurist who also served as judge of our court said in a private conversation that all the books of his envious library (which he surely had not only read but more importantly understood!!) was a bulk of waste. He said that the principles of constitutionalism was being threatened. That ghastly accident was quickly corrected and the purpose of this piece is not to revisit the “Dark 30 Days”, when the present Honourable Speaker must have been a young lad.
The principle underlying the abuse of the basic principles of the Constitution revisits and haunts us – at least those who respect the law.
Lets do a quick ‘memory rewind’. A bench presided by the Chief Justice in a hurriedly delivered verdict directed the CBI to investigate allegations against YSJ et al. The officialese obviously could not be chaffed from the official by the CBI. The premier investigating agency (or do I rush to the Bard and borrow the expression “Honourable”!) went about its job of “investigating” “arresting” “calling for investigation” the many who were involved.
This could have well been a glowing chapter in the cleansing modus operandi of the system. Unfortunately that was not to be!! The cynical did not for a moment credit the Honourable agency with impartiality. The fine art of witch-hunt (unlike any Italian Mafia Operation!!) was all to visible. The more visible it became, the more brazen the CBI turned.
It was pretentiously conscious of the credibility. Forget the telephone tapping of a principle Investigating Officer, forget other short stories by the side, so the Honourable Authority went about arresting officers who cleared files relating to ‘questionable deals’. In the process, the Pandora’s Box had a few favourites limping out. And what happens? Three Ministers are named. One resigns. One offers to. The Chief Navigator of Chapter Andhra Pradesh under the Constitution of India looks the other way!! In keeping the flock together he forgot what he said in the presence of the Governor which is “I, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the State of Andhra Pradesh and that I will do the right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will”.
A bus conductor who is caught not issuing tickets worth Rs. 70/- is removed from service. A Public Sector Undertaking employee, caught with 10 metres of company owned cable wire is suspended, punished, a student caught in an examination malpractice is suspended and later debarred. The Home Minister is a different fish altogether. Not for her the rough sea. She inhabits the designer aquarium insulated from the insults of law. All equal. Some more equal!!
When a government disobeys the law (word, spirit or both!!) it not only encourages anarchy and looses credibility but openly tells the people: “I DON’T CARE”. This is anathema to a constitutional form of government that starts with an emphasis on WE THE PEOPLE. The crisis in a democracy moving towards anarchy or fascism is when there is a huge conflict (visible or otherwise) between WE THE PEOPLE and THEY THE RULERS .
He resigns, she resigns, they continue. We have a government with accused ministers being defended by the public exchequer, we have ministers who say that they signed official files at the behest of a person who is now dead and of whom they never tired to sing praise. When governance shifts from serious administration to a comedy of errors it is a tragedy, when it moves to a tragedy of ridicule it is disaster.
A Republican during the debate to impeach Justice Chase asked over two centuries ago and is still echoing in our society. Je asked as to why: “there should be any class of men in society in any office that should be treated like gods, placed so far above the reach of censure and almost dignified with papal infallibility?”
L. Ravichander.